SF0089 • 2005

Involuntary hospitalized-annual hearing.

AN ACT relating to the involuntary hospitalization of criminal offenders; requiring a court to hold a hearing as soon as possible upon receipt of specified reports; requiring an annual hearing to determine the appropriateness of the placement as specified; and providing for an effective date.

Healthcare

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Senator Schiffer
Last action: 2005-02-24
Official status: enrolled
Effective date: 7/1/2005

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0089HS001

Standing Committee • H01

Adopted

Plain English: Adopted Standing Committee by H01

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

SF0089SS001

Standing Committee • MEIER

Adopted

Plain English: Adopted Standing Committee by MEIER

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

2005-02-24 LSO
Assigned Chapter Number - 114
2005-02-24 Governor
Governor Signed SEA0036
2005-02-22 House
H Speaker Signed SEA No. 0036
2005-02-18 Senate
S President Signed SEA No. 0036
2005-02-16 Senate
S Did Concur
2005-02-16 LSO
Assigned Number SEA0036
2005-02-16 House
H Passed 3rd Reading
2005-02-15 House
H Passed 2nd Reading
2005-02-14 House
H Passed CoW
2005-02-14 House
Amendment Adopted
2005-02-14 House
H Amendments Adopted
2005-02-11 House
H Placed on General File
2005-02-11 House
H01 Recommended Amend and Do Pass
2005-02-04 House
H Introduced and Referred to H01
2005-02-01 House
H Received for Introduction
2005-01-31 Senate
S Passed 3rd Reading
2005-01-28 Senate
S Passed 2nd Reading
2005-01-27 Senate
S Passed CoW
2005-01-27 Senate
Amendment Adopted
2005-01-27 Senate
S Amendments Adopted
2005-01-26 Senate
S Placed on General File
2005-01-26 Senate
S07 Recommended Amend and Do Pass
2005-01-12 Senate
S Introduced and Referred to S07
2005-01-11 Senate
S Received for Introduction
2005-01-10 LSO
Bill Number Assigned

Official Summary Text

2005 General Session Summary for SF0089

Bill
No.:
SF0089
Drafter:

JHR

LSO
No.:
05LSO-0509
Effective Date:

7/1/2005

Enrolled
Act No.:
SEA0036

Chapter
No.:
114

Prime
Sponsor:
Senator Schiffer

Catch
Title:
Involuntary hospitalized-annual hearing.

Subject:
Requires a
court to hold hearings to determine the appropriateness of involuntary
commitments.

Summary/Major
Elements:

Under current law, when the head of a facility believes involuntary
commitment is no longer necessary, he applies to the court that committed the
person for an order of discharge.

This bill:

Requires that the court shall hold a hearing as soon as possible after
receiving the application for discharge submitted by the head of the facility;

Requires the court to conduct an annual hearing for a person who was
involuntarily committed as a result of a criminal offense to determine if
continued hospitalization is necessary;

Specifies that the court shall consider at the hearing any reports on the
patient submitted by the head of the state or federal hospital where the
patient is held, or that are submitted by the patient's counsel.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0089

ENROLLED ACT NO. 36, SENATE

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 7
‑
11
‑
306(e) and (f) and 25
‑
10
‑
123 are amended to read:

7
‑
11
‑
306.

Disposition of persons found not guilty by reason of mental illness or deficiency excluding responsibility.

(e)

Following the first ninety (90) days of commitment to the Wyoming state hospital or other designated facility under this section, if at any time the head of the facility is of the opinion that the person is no longer affected by mental illness or deficiency, or that he no longer presents a substantial risk of danger to himself or others, the head of the facility shall apply to the court which committed the person for an order of discharge. The application shall be accompanied by a report setting forth the facts supporting the opinion of the head of the facility. Copies of the application and report shall be transmitted by the clerk of the court to the district attorney.
The court shall hold a hearing on this matter as soon as possible.
If the state opposes the recommendation of the head of the facility, the state has the burden of proof by a preponderance of the evidence to show that the person continues to be affected by mental illness or deficiency and continues to present a substantial risk of danger to himself or others and should remain in the custody of the designated facility.

(f)

Ninety (90) days after the order of commitment, any person committed to the designated facility under this section may apply to the district court of the county from which he was committed for an order of discharge upon the grounds that he is no longer affected by mental illness or deficiency, or that he no longer presents a substantial risk of danger to himself or others. The application for discharge shall be accompanied by a report of the head of the facility which shall be prepared and transmitted as provided in subsection (e) of this section.
The court shall hold a hearing on this matter as soon as possible.
The applicant shall prove by a preponderance of the evidence his fitness for discharge. An application for an order of discharge under this subsection filed within six (6) months of the date of a previous hearing shall be subject to summary disposition by the court.

25
‑
10
‑
123.

Discharge of patient held on order in action arising out of criminal offense.

A patient held on order of a court having criminal jurisdiction in any action or proceeding arising out of a criminal offense shall not be discharged except upon order of a court of competent jurisdiction.
At any time the head of the hospital is of the opinion that the person is no longer affected by mental illness or deficiency, or that he no longer presents a substantial risk of danger to himself or others, the head of the hospital shall apply to the court which committed the person for an order of discharge.
The court having criminal jurisdiction in the matter shall conduct a hearing not less than once each year to determine whether the continued hospitalization of the patient is necessary, based on the reports required under W.S. 25
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10
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116 and any other information provided to the court by the state hospital or the federal hospital under W.S. 25
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10
‑
111, as appropriate, or the patient's counsel. After a hearing, the court shall make its findings and enter an order as provided in W.S. 25
‑
10
‑
118(c).

Section 2.
This act is effective July 1, 2005.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk