Bill > H1652

This bill reforms the competency to stand trial process in Massachusetts by making several key changes to existing law. The bill modifies Chapter 123 of the General Laws, establishing a more comprehensive and structured approach to evaluating defendants' mental competence to stand trial. It introduces new provisions for examining and observing defendants who may have mental illness or mental defects that could impact their ability to participate in legal proceedings. The bill creates a 20-40 day window for competency evaluations, which can be conducted at community-based programs or facilities, with a preference for less restrictive alternatives. It introduces a new "forensic navigators" program to provide support and guidance for individuals going through competency evaluations and legal proceedings. The bill also establishes a special commission to collect data on competency determinations, analyze current practices, and recommend potential reforms. This commission will gather detailed information about competency evaluations, including demographic data and outcomes, and will study the use of justice intermediaries in other jurisdictions. Importantly, the bill includes provisions for dismissing criminal charges if a defendant remains incompetent to stand trial for an extended period, and it provides clear guidelines for commitment, observation, and potential treatment of defendants during the competency determination process.

Justice

https://malegislature.gov/Bills/194/H1652