Last week, SB 5440 moved out of the Senate substantively different than it started, and importantly, without the provisions that potentially were very costly to cities. The bill seeks to address the significant wait times for competency evaluations and restoration services. The original bill, requested by the Governor, would have deferred state responsibility for restorations to local governments without providing funding to support the new responsibility. The bill sponsor introduced a lengthy striking amendment that removed all references to clinical intervention units and ensuring that the state retains the responsibility for competency evaluation and restoration services. The new version of the bill now adds positive changes to the system without placing undue burden on cities.

SB 5440:

• Requires a court to determine if there is a genuine doubt about a defendant’s competency before ordering an evaluation.
• Requires jails to allow clinical intervention specialists to provide direct services and consultation for defendants waiting for competency services, allowing them to stand trial.
• Prohibits jails from substituting or discontinuing medication for a serious mental health disorder.
• Requires courts to dismiss nonfelony charges and refer defendants for services if the court finds that the defendant is amenable to services and can safely receive services in the community. This would be overseen by a forensic navigator.

The bill is now scheduled for public hearing in the House Civil Rights & Judiciary Committee.

Dates to remember

SB 5440 is scheduled for public hearing in the House Civil Rights & Judiciary Committee on Tuesday, March 14 at 10:30 am and for a vote in the same committee on Friday, March 17 at 10:30 am.