The House Courts and Criminal Code Committee heard HB 1238 on competency to stand trial authored by Rep. McNamara. The bill provides that an advanced practice registered nurse with a certification as a psychiatric mental health nurse practitioner, a physician assistant who specializes in psychiatry or mental health, or a physician who specializes in psychiatry or mental health who is certified by the Division of Mental Health and Addiction as a competency evaluator may examine a defendant and testify as to whether the defendant can understand the criminal proceedings and assist in the preparation of the defendant’s defense. The bill also allows a court to dismiss criminal charges, without prejudice, if the defendant has a certain diagnosis and the defendant is charged with a misdemeanor or Level 6 felony. The bill was amended by consent to require the Division of Mental Health and Addiction to establish a training program to certify a competency evaluator. The amendment also establishes competency procedures for: (1) persons charged with murder or a Level 1 through Level 5 felony; and (2) persons charged with a misdemeanor or a Level 6 felony.
The Indiana Judges Association, Indiana State Medical Association, Indiana Prosecuting Attorneys Council, Indiana Sheriffs’ Association, Family and Social Service Administration, and the Coalition of Advanced Practice Nurses testified in support of the bill. The amended bill passed 12-0.
Read the bill at https://iga.in.gov/legislative/2024/bills/house/1238