Bill > H1185

This bill establishes a new process for determining a juvenile's competency to stand trial in delinquency, youthful offender, or murder cases, meaning their ability to understand the proceedings and assist their lawyer. It defines "competence" as having the present ability to consult with a lawyer with a rational understanding of the proceedings, and clarifies that a "juvenile" is someone between seven and seventeen at the time of the offense, or under eighteen if charged with homicide. A "young juvenile" is defined as twelve or younger at arraignment and is presumed to lack competency. If a juvenile's competency is questioned, the court will order an evaluation by a "qualified examiner," who is a licensed psychiatrist or psychologist experienced with children. The evaluation report, which cannot include statements made by the juvenile about the offense, must detail the juvenile's capacity to understand proceedings, assist in their defense, and identify any issues like mental illness or immaturity that affect their fitness to proceed. If found incompetent, the juvenile will be released from detention if they are not making progress toward regaining competency, and charges will eventually be dismissed based on the severity of the alleged offense, unless the juvenile is committed to civil treatment. The bill also outlines procedures for update evaluations and potential dismissal of charges if a juvenile remains incompetent.