Bill > H3749

This bill creates a new pretrial intervention program specifically for individuals with autism spectrum disorders or intellectual disabilities who have been charged with non-violent crimes. The bill defines autism spectrum disorder as described in the Diagnostic and Statistical Manual of Mental Disorders, and intellectual disability as a condition originating before age 18 that involves significantly below-average intellectual functioning and limitations in adaptive skills. Under this program, a court may defer criminal proceedings and place an eligible offender in a pretrial intervention program if it can be clearly demonstrated that the criminal conduct was directly caused by or substantially related to the person's disorder. The program requires the consent of both the offender and the circuit solicitor, and the court must consider any potential impact on crime victims. Importantly, an individual may be eligible for this program even if they have previous criminal convictions or have participated in other intervention programs. The program does not limit the family court's authority, and it provides an alternative approach to addressing criminal behavior for individuals with specific neurodevelopmental conditions. The bill will take effect upon approval by the Governor.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=3749&session=126&summary=B