The House Ways and Means 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.
- 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.
- requires the Division of Mental Health and Addiction to establish a training program to certify a competency evaluator.
- establishes competency procedures for persons charged with murder or a Level 1 through Level 5 felony and persons charged with a misdemeanor or a Level 6 felony.
The bill was amended by consent to specify that the Division of Mental Health and Addiction may consult with a forensic psychologist (rather than a “psychologist”) in establishing a training program for a competency evaluator. The amendment also provides that, for a person charged with murder or a Level 1 through Level 5 felony, the competency evaluator must be either a psychiatrist or a psychologist.
The amended bill passed 20-0.
Read the bill at https://iga.in.gov/legislative/2024/bills/house/1238