Criminal procedure-time limits for competency evaluations.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0004

ENROLLED ACT NO. 4, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2010 BUDGET SESSION

AN ACT relating to
criminal procedure; amending the time period for competency evaluations of nonadjudicated defendants as specified; provi
di
ng procedures for competency evaluations;
authorizing courts to order release of relevant records as specified;
requiring
reports and hearings as specified;
and providing for an effective date.

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

Section 1.
W.S. 7
‑
11
‑
303(b)
and
(g) is amended to read:

7
‑
11
‑
303.

Examination of accused to determine fitness to proceed; reports; commitment; defenses and objections.

(b)

The court shall order an examination of the accused by a designated examiner. The order may include, but is not limited to, an examination of the accused at the
Wyoming
state hospital on an inpatient or outpatient basis, at a local mental health center on an inpatient or outpatient basis, or at his place of detention. In selecting the examination site, the court may consider proximity to the court, availability of an examiner, and the necessity for security precautions. If the order provides for commitment of the accused to a designated facility, the commitment shall continue no longer than a thirty (30) day period for the study of the mental condition of the accused.
The prosecuting attorney
and counsel for the accused
shall cooperate in providing

the relevant information and materials to the designated examiner, and the court may

order
as necessary

that
relevant information
be provided
to the examiner
.

(g)

If the court determines that the accused is mentally fit to proceed, the court may order that the accused be held in confinement, be committed to a designated facility pending further proceedings, or be released on bail or other conditions. If the court determines that the accused lacks mental fitness to proceed, the proceedings against him shall be suspended and the court shall commit him to a designated facility
for such period as the court may order but not to exceed the time reasonably necessary

to determine whether there is substantial probability that the accused will regain his fitness to proceed:

(i)

If it is determined that there is no substantial probability that the accused will regain his fitness to proceed, the accused shall not be retained in a designated facility

The
examiner shall provide a full report to the court
, the
prosecuting
attorney
and
the accused or his counsel
within ninety
(
90) days of arrival of the
accused
at the designated treating facility.

If the examiner is unable to complete the assessment within ninety (90) days the examiner shall provide to the court and counsel a summary progress report which informs the court that additional time is necessary to complete the assessment, in which case the examiner
may
have up to an additional ninety (90) days to provide the full report
for good cause shown
, as follows:

(A)

The full report shall assess:

(
I
)

The facility
'
s or program
'
s capacity to provide appropriate treatment for the accused;

(II)

The nature of treatments provided to the
accused
;

(III)

What progress toward competency restoration has been made with respect to the factors identified by the court in its initial order;

(IV)

The
accused
'
s current level of mental disorder or mental deficiency and need for treatment, if any; and

(V)

The likelihood of restoration of competency and the amount of time estimated to achieve
competency
.

(B)

Upon receipt of the full report, the court shall hold a hearing to determine the accused
'
s current status. The burden of proving that the accused is
fit to proceed
shall be on the proponent of
the assertion
. Following the hearing, the court shall determine by a preponderance of the evidence whether the
accused
is:

(I)

Fi
t to
proceed
;

(II)

Not fi
t to
proceed
with a substantial probability that the accused may become fit to
proceed
in the foreseeable future; or

(III)

No
t
fit
to
proceed
without a substantial probability that the accused may become fit to
proceed
in the foreseeable future.

(C)

If the court
makes a determination
pursuant to subdivision (B)(I) of this
paragraph, the court shall proceed with the trial or
any
other procedures as may be necessary to adjudicate the charges;

(D)

If the court makes a determination pursuant to subdivision (B)(II) of this paragraph, the court may
order
that the accused remain committed to the custody of the designated facility for the purpose of treatment intended to restore the accused to competency;

(E)

If the court makes a determination pursuant to subdivision (B)(III) of this paragraph, the court shall order the accused released from the custody of the designated facility

unless proper civil commitment proceedings have been instituted and held as provided in title 25 of the
Wyoming
statutes. The continued retention, hospitalization and discharge of the accused shall be the same as for other patients
.
However, if the accused is discharged, the criminal proceedings shall be resumed, unless the court determines that so much time has elapsed since the commitment of the accused that it would not be appropriate to resume the criminal proceeding;

(ii)

If it is determined
pursuant to subdivision (i)(B)(II) of this subsection

that there is substantial probability that the accused will regain his fitness to proceed, the commitment of the accused at a designated facility shall continue until the head of the facility reports to the court that in his opinion the accused is fit to proceed
.

as provided in paragraph (iii) of subsection (c) of this section.

If this opinion is not contested by the state, the accused or his counsel
,
the criminal proceeding shall be resumed. If the opinion is contested, the court shall hold a hearing as provided in subsection (f) of this section. While the accused remains at a designated facility under this subsection, the head of the facility shall

issue
a full
report
at least once every three (3) months

in accordance with the requirements
of
subparagraph (i)(A) of this subsection
on the progress the accused is making towards regaining his fitness to proceed.

Section 2.
This act is effective July 1, 20
10
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1