Bill > H1768

This bill amends Chapter 123 of the General Laws to establish procedures for determining the competency of juveniles in certain court proceedings. The key provisions include: 1. Definitions of terms like "competence," "juvenile," "young juvenile," and "qualified examiner." 2. Procedures for the court to order a competency evaluation of a juvenile by a qualified examiner, with specific requirements for the evaluation report. 3. Requirements for the court to hold a competency hearing and make a determination of the juvenile's competency based on a preponderance of the evidence. 4. If the juvenile is found incompetent, the court must determine whether there is a substantial probability the juvenile will attain or regain competency within a foreseeable time period. The court can order continued oversight and periodic updates. 5. If the juvenile is not likely to regain competency, the court must dismiss the charges within specified time limits, though the Commonwealth may seek civil commitment if appropriate. 6. The Commonwealth bears the burden of proving the juvenile's competency, and any statements made by the juvenile during the competency evaluation cannot be used against the juvenile in the proceedings.

Justice

https://malegislature.gov/Bills/192/H1768