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Legislative Update

Competency evaluation

March 28, 2024 Filed Under: Criminal

H.E.A. 1238, P.L. 85

Effective: July 1, 2024

Requires the division of mental health and addiction 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. 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.

Read the bill at: https://iga.in.gov/legislative/2024/bills/house/1238

Filed Under: Criminal Tagged With: competency, mental health

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