Defendant mental illness examinations-amendments.

Plain English Breakdown

The official source material does not provide specific details on how this law will impact the number of inpatient mental health examinations for misdemeanor cases.

Changes to Mental Health Examinations for Misdemeanors

This law changes where mentally ill defendants charged with misdemeanors can be examined, limiting inpatient stays at the state hospital.

What This Bill Does

• Limits court orders for mental health examinations of misdemeanor defendants to outpatient or local mental health center settings unless an outpatient exam shows a need for inpatient care.
• Allows misdemeanor defendants to still receive inpatient exams at the Wyoming State Hospital if their initial outpatient examination indicates it is necessary.

Who It Names or Affects

• Misdemeanor criminal defendants who may need mental health examinations.
• Courts that order these examinations for misdemeanor cases.
• Local mental health centers and the Wyoming State Hospital.

Terms To Know

Inpatient

When someone stays overnight in a hospital or treatment center for care.

Outpatient

Medical care that does not require staying overnight at a facility.

Limits and Unknowns

• The law only affects defendants charged with misdemeanors, not those facing felony charges.
• It is unclear how this change will affect the number of inpatient mental health examinations for misdemeanor cases.

Official Summary Text

Bill Summary - 23LSO-0400
Bill No.:

HB0082

Effective:

Immediately

LSO No.:

23LSO-0400

Enrolled Act No.:

HEA No. 0016

Chapter No.:

38

Prime Sponsor:

Larsen, L

Catch Title:

Defendant mental illness examinations-amendments.

Subject:

Amending examinations of defendants to determine fitness to proceed.

Summary/Major Elements:

Current law authorizes a court to order an examination of a defendant to determine the defendant's mental fitness to proceed with the case; the examination may take place at the Wyoming State Hospital on an outpatient or inpatient basis, a local mental health center on an inpatient or outpatient basis or at the place of detention.

This act provides that, if the defendant is charged only with misdemeanor offenses, the examination may take place at a local mental health center on an inpatient or outpatient basis, at the place of detention or at the Wyoming State Hospital on an outpatient basis.

The act provides that an examination of defendants charged with misdemeanors may be on an inpatient basis at the Wyoming State Hospital if the outpatient examination shows that an inpatient examination is warranted.

The act does not change the permissible locations for mental examinations for defendants charged with at least one felony.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

23LSO-0400

ORIGINAL House

ENGROSSED
Bill No
.
HB0082

ENROLLED ACT NO. 16,

HOUSE OF REPRESENTATIVES

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 General Session

AN ACT relating to criminal procedure; specifying that orders for examination of mentally ill criminal defendants charged with misdemeanors shall not occur at the state hospital on an inpatient basis; 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) 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.
If the accused is charged with at least one (1) felony offense, t
he 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.
If the accused is charged only with misdemeanor offenses, the order may include, but is not limited to, an examination of the accused at a local mental health center on an inpatient or outpatient basis, at his place of detention or at the Wyoming state hospital on an outpatient basis, unless an outpatient examination indicates that an inpatient examination is warranted.
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.

Section 2
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(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