The Senate Corrections and Criminal Law Committee heard HB 1238 concerning competency evaluations sponsored by Sen. Brown. The author, Rep. McNamara, explained that the bill:
- requires the division of mental health and addiction (DMHA) to establish a training program to certify a competency evaluator to assist a court in determining competency.
- provides that certain licensed individuals 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; and
- 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 that DMHA establish a training program to certify an advanced practice registered nurse with a certification as a psychiatric mental health nurse practitioner or a physician assistant who specializes in psychiatry or mental health as a competency evaluator to assist a court in determining competency. The amendment also specified DMHA may adopt rules to implement a training program.
The Indiana Prosecuting Attorneys Council, Family and Social Services Administration, and the Indiana Public Defender Council testified in support of the bill. The Indiana State Medical Association testified but remained neutral. The amended bill passed 7-1.
Read the bill at: https://iga.in.gov/legislative/2024/bills/house/1238