Bill > A4737

Introduced Session

This bill, which is designated as "Jillian's Law," addresses instances where a defendant lacks fitness, or competence, to proceed with a criminal trial. Under N.J.S.A.2C:4-4, a person is deemed fit to or competent to stand trial when the defendant has the mental capacity to appreciate his presence in relation to time, place and things, and his elementary mental processes permit him to appreciate the circumstances and participate in an adequate presentation of his defense. When a defendant is deemed incompetent, the proceedings against that defendant is suspended pursuant to subsection b. of N.J.S.A.2C:4-6. Under those circumstances, the court may commit the person to the custody of the Commissioner of Human Services to be placed in an appropriate institution if it is found that the defendant is so dangerous to himself or others as to require institutionalization. Alternately, the court can determine whether placement in an out-patient setting or release is appropriate. This bill would eliminate the options of placement in an out-placement setting, or release, allowing only commitment to an institution for a person found not competent to proceed where the person is so dangerous to himself or others as to require institutionalization. If it is not found that the defendant is so dangerous to himself or others as to require institutionalization, the court shall continue to have the option to proceed to determine whether placement in an out-patient setting or release is appropriate. Subsection b. of N.J.S.A.2C:4-6 further provides that no commitment to any institution shall be in excess of such period of time during which it can be determined whether it is substantially probable that the defendant could regain his competence within the foreseeable future. Accordingly, if it is found that a defendant has not regained fitness to proceed, and criminal charges held in abeyance are dismissed, involuntary civil commitment in an institutional setting under N.J.S.A.30:4-27.1 would remain an option for persons continuing to be in need of involuntary commitment. This bill is prompted by the case of college student Jillian Ludwig, 18, a native of Wall Township, and Tennessee college student who was tragically killed on November 7, 2023 in Nashville, Tennessee. The gunman charged with Jillian Ludwig's shooting was previously found incompetent to stand trial, and released, after being charged with aggravated assault with a deadly weapon in April 2023.

AI Summary

Committee Categories

Paul Kanitra (R)*,  Michele Matsikoudis (R)*,  Sean Kean (R), 

Introduced, Referred to Assembly Aging and Human Services Committee (on 09/12/2024)

Official Document