HB 4 — CRIMINAL COMPETENCY & TREATMENT

(d)r isi in= needr oft assistede outpatientw treatmentd asm the least restrictive appropriate alternative to prevent a relapsen oro deterioration(d) likelyis to result in seriousneed harmof toassisted theoutpatient defendant'sd selfm or: others;

b e d s º o t n = .229310.5AIC January 29, 2025 (9:21pm) s k m e - 5 - e a n e d r e l u [ A d treatment as the least restrictive appropriate alternative to prevent a relapse or deterioration likely to result in serious harm to the defendant's self or others;

(1) within thirty days from the date an evaluation report is submitted to the court for an incarcerated e t 17 defendant charged with a felony;

[shall be held by the district w l n d 18 court within a reasonable time, but in no event later than = = 19 a l thirty days after notification to the court of completion of i a e r 20 the diagnostic evaluation.

In the case of] a t m m 21 (2) within ten days from the date an d r e 22 evaluation report is submitted to the court for an incarcerated ch e s k 23 defendant not charged with a felony;

[the court shall hold a eu a» nr b 24 hearing and determine his competency within ten days of ut [h g e l i notification to the court of completion of the diagnostic .229310.5h -r 5i -s evaluation] and h , e h (3) within a reasonable time after an t u g e b l e e , gh evaluation report is submitted to the court for a defendant who n d d i = = o h is not incarcerated." l ] b ,d i a º r SECTION 3.

Section 31-9-1.2 NMSA 1978 (being Laws 1988, e r = t e w d m a n o Chapter 107, Section 3 and Laws 1988, Chapter 108, Section 3, asd amended)m is: amended to read:

b r e t º o t n = .229310.5AIC January 29, 2025 (9:21pm) s k m e - 6 - e a n e d r e l u [ A d as amended) is amended to read:

e t 17 (1) inflicting great bodily harm, as defined w l n d 18 in Section 30-1-12 NMSA 1978, on another person;

= = 19 a l (2) committing criminal sexual penetration, as i a e r 20 provided in Section 30-9-11 NMSA 1978;

a t m m 21 (3) committing criminal sexual contact of a d r e 22 minor, as provided in Section 30-9-13 NMSA 1978;

ch e s k 23 (4) committing abuse of a child, as provided eg ao nt bhr 24 in Subsection D of Section 30-6-1 NMSA 1978;

ug [e i k (5) violating a provision of the Sexual .229310.5h -r 6i -s Exploitation of Children Act;

h , t, (6) committing human trafficking, as provided e u g e b l e e h in Section 30-52-1 NMSA 1978;

n d d i = = o h (7) committing a felony involving the use of a l ] b ,d i a º e firearm;

or r i = r t e w d m a n o (8) committing aggravated arson, as provided ind Sectionm 30-17-6: NMSA 1978.

b e d s º o t n = .229310.5AIC January 29, 2025 (9:21pm) s k m e - 7 - e a n e d r e l u [ A d in Section 30-17-6 NMSA 1978.

[Upon dismissal the court may advise, the district attorney to consider initiation of proceedings under the Mental Health and Developmental Disabilities Code and order the defendant confined for a maximum of seven days to facilitate preparation and initiation of a petition pursuant to that code] provided e t 17 that if the court dismisses the case, the court may:

w l n d 18 (1) advise the district attorney to consider = = 19 a l the initiation of involuntary civil commitment proceedings in i a e r 20 accordance with the Mental Health and Developmental a t m m 21 Disabilities Code and may detain the defendant for a maximum of d r e 22 seven days to facilitate initiation of those proceedings;

or ch e s k 23 (2) advise the district attorney to consider eu a» nr b 24 initiation of proceedings in accordance with the Assisted ut [h g e l i Outpatient Treatment Act but may not detain the defendant for .229310.5h -r 7i -s that purpose.

h , e h C.

A community-based competency restoration program t u g e b l e e , gh shall be approved by the court and provided in an outpatient n d d i = = o h setting in the community where a defendant resides.

A court l ] b ,d i a º r may order a defendant to participate in a community-based e r = t e w d m a n o competency restoration program for no longer than ninety days, and:d m :

b r e t º o t n = .229310.5AIC January 29, 2025 (9:21pm) s k m e - 8 - e a n e d r e l u [ A d and:

(b) a report on the defendant's e t 17 amenability to competency restoration;

w l n d 18 (c) an assessment of the program's = = 19 a l capacity to provide appropriate programming for the defendant;

i a e r 20 (d) an opinion as to the probability of a t m m 21 the defendant being restored to competency within ninety days d r e 22 from the date that the court ordered the defendant's ch e s k 23 participation in the community-based competency restoration eu a» nr b 24 program;

and ut [h g e l i (e) an opinion as to whether the .229310.5h -r 8i -s defendant satisfies the criteria for involuntary treatment in h , e h accordance with the Assisted Outpatient Treatment Act and t u g e b l e e , gh whether the defendant:

1) has a primary diagnosis of a mental n d d i = = o h disorder;

2) has demonstrated a history or lack of compliance l ] b ,d i a º r with treatment for a mental disorder;

3) is unwilling or unlikely,e asr a= resultt ofe aw mentald disorder,m toa voluntarilyn participateo inunlikely, outpatientas treatmenta thatresult wouldof enablea themental defendantdisorder, to livevoluntarily safelyd inm the: community without court supervision;

b r e t º o t n = .229310.5AIC January 29, 2025 (9:21pm) s k m e - 9 - e a n e d r e l u [ A d participate in outpatient treatment that would enable the defendant to live safely in the community without court supervision;

(2) no later than ninety days from the date that the court ordered the defendant to participate in a e t 17 community-based competency restoration program, the court shall w l n d 18 hold a review hearing and determine if the defendant has been = = 19 a l restored to competency and at least seven days prior to the i a e r 20 review hearing, the person providing outpatient treatment and a t m m 21 services to the defendant shall submit a written report that d r e 22 includes:

ch e s k 23 (a) an opinion as to whether the eu a» nr b 24 defendant has been restored to competency;

ut [h g e l i (b) if the defendant is receiving .229310.5h -r 9i -s medication, information from the prescribing physician about h , e h the type, dosage and effect of the medication on the t u g e b l e e , gh defendant's appearance, actions and demeanor;

n d d i = = o h (c) if the defendant remains not l ] b ,d i a º r competent, an opinion as to whether the defendant satisfies the e r = t e w d m a n o criteria for involuntary commitment in accordance with the Mentald Healthm and: Developmental Disabilities Code and whether:

b r e t º o t n = .229310.5AIC January 29, 2025 (9:21pm) s k m e - 10 - e a n e d r e l u [ A d Mental Health and Developmental Disabilities Code and whether:

and (d) if the defendant remains not competent, an opinion as to whether the defendant satisfies the criteria for involuntary treatment in accordance with the e t 17 Assisted Outpatient Treatment Act and whether the defendant:

w l n d 18 1) has a primary diagnosis of a mental disorder;

2) has = = 19 a l demonstrated a history of lack of compliance with treatment for i a e r 20 a mental disorder;

3) is unwilling or unlikely, as a result of a t m m 21 a mental disorder, to voluntarily participate in outpatient d r e 22 treatment that would enable the defendant to live safely in the ch e s k 23 community without court supervision;

4) is in need of assisted eu a» nr b 24 outpatient treatment as the least restrictive appropriate ut [h g e l i alternative to prevent a relapse or deterioration likely to .229310.5h -r 10i -s result in serious harm to the defendant's self or others;

and h , e h 5) will likely benefit from assisted outpatient treatment and t u g e b l e e , gh have the defendant's best interests served;

and (3)n if,d afterd ai review= hearing,= theo courth finds(3) thatif, theafter defendanta isreview competent,hearing, the casecourt shalll proceed] tob trial,,d buti ifa theº courtr finds that the defendant remainsis not competent, the case shall beproceed dismissede withoutr prejudice= andt thee courtw mayd advisem thea districtn attorneyo to considertrial, initiatingbut proceedingsif in accordance with the Mentalcourt Healthfinds andthat Developmentalthe Disabilitiesdefendant Coderemains ornot thed Assistedm Outpatient: Treatment Act.

b r e t º o t n = .229310.5AIC January 29, 2025 (9:21pm) s k m e - 11 - e a n e d r e l u [ A d competent, the case shall be dismissed without prejudice and the court may advise the district attorney to consider initiating proceedings in accordance with the Mental Health and Developmental Disabilities Code or the Assisted Outpatient Treatment Act.

If the court determines that a [defendant charged with a felony is incompetent to proceed in the criminal case, but does not dismiss the criminal case, and the district court at that time makes a specific finding that the] defendant who is not competent is dangerous, e t 17 the district court may commit the defendant as provided in this w l n d 18 section for [treatment to attain competency to proceed in a = = 19 a l criminal case.

The court shall enter an appropriate transport i a e r 20 order that also provides for return of the defendant to the a t m m 21 local facilities of the court upon completion of the d r e 22 treatment.

ch e s k 23 If the court orders commitment, the court shall enter a eg ao nt bhr 24 transport order that provides for the defendant's return to the ug [e i k local jail HCPACºwithin seventy-two hours»HCPAC upon the h r i s defendant being restored to competency, .229310.5 - 11 - completion of the h , t, competency restoration program or as otherwise required by the e u g e b l e e h court.

A defendant committed for competency restoration shall n d d i = = o h be provided with treatment available to [involuntarily l ] b ,d i a º e committed] persons subject to civil commitment, and:

(1)r [thei defendant]= shallr bet detainede byw thed departmentm ofa healthn ino a(1) secure,[the lockeddefendant facility;] shall be detained d m :

andb (2)e [thed defendant,s duringº theo periodt ofn commitment]= shall.229310.5AIC notJanuary be29, released2025 from(9:21pm) thats [secure]k facilitym excepte pursuant- to12 an- ordere ofa then [district]e courtd thatr committede [him]l u [ A d HCPACºby the defendant.department of health in a secure, locked facility»HCPAC HCPACºin a secure, locked, licensed inpatient psychiatric hospital»HCPAC ;

and (2) [the defendant, during the period of commitment] shall not be released from that [secure] facility except pursuant to an order of the [district ] court that committed [him ] the defendant.

The departmentHCPACºdepartment of healthhealth»HCPAC HCPACºinpatient psychiatric hospital»HCPAC shall admit a defendant for competency restoration within thirty days of receipt of the court's HCPACº commitment»HCPAC order HCPACº.»HCPAC HCPACº[of commitment order.of an incompetent defendant and of the necessary and available documents reasonably required for admission pursuant to written policies adopted by the secretary of health or his designee,»HCPAC HCPACºof commitment of an incompetent defendant and of the necessary and h g available documents reasonably required for admission pursuant o t hr to written policies adopted by the secretary of health or g e i k HCPACºhis»HCPAC HCPACºthe secretary's»HCPAC designee h r i s h HCPACº,»HCPAC HCPACº[»HCPAC »HCPAC the defendant shall be , t, e u g admitted to a facility designated for the treatment of e b l e e h defendants who are incompetent to stand trial and dangerous.

[ofn commitmentd ofd ani incompetent= defendant= ando ofh theIf necessaryafter andconducting availablean documentsinvestigation reasonably] requiredIf forthe admissionsecretary pursuantof tol written] eb t,d 17i policiesa adoptedº bye ther secretaryi of= r health or histhe designee,secretary's wdesignee ldetermines nthat d 18 the defendantt shalle bew admittedd tom a facilityn designatedo fordepartment =of =health 19does anot lhave the treatmentability of defendants who are incompetent to standmeet trialthe id am e: r 20 and dangerous.

Ifb aftere conductingd ans investigation]º Ifo the a t mn m= 21.229310.5AIC secretaryJanuary of29, health2025 or(9:21pm) thes secretary'sk designeem determinese that- d13 r- e 22a then departmente ofd healthr doese notl haveu the[ abilityA tod meet the c e s k 23 [medical] needs of [a] the defendant [ordered committed to a e a n b 24 facility], the secretary or [his] the secretary's designee may u [ refuse admission [to the defendant upon]upon ] by providing written .229310.5 - 12 - certification to the committing court and the parties of the [lack of ability]ability ] department's inability to meet the [medical] needs of the defendant.

The certification [must][must ] shall be made within fourteen days of the receipt of the court's commitment order [ofHCPACº[of commitment and necessary and available documents reasonably required for admission pursuant to written policies adopted by the secretary or his designee].designee]»HCPAC HCPACºof commitment and necessary and available documents reasonably required for admission pursuant to written policies adopted by the secretary or HCPACºhis»HCPAC HCPACºthe secretary's»HCPAC designee»HCPAC .

h [D.

As used in Sections 31-9-1 through 31-9-1.5 u » r NMSA 1978, "dangerous" means that, if released, the defendant t h g e l i presents a serious threat of inflicting great bodily harm on h r i s another or of violating Section 30-9-11 or 30-9-13 NMSA 1978.

h , e h E.] F.

Within thirty days of [an incompetent] a t u g e b l e e , gh defendant's admission to aHCPACºa department of healthhealth»HCPAC facilityn [tod undergod treatmenti to= attain= competencyo toh proceedHCPACºan ininpatient apsychiatric»HCPAC criminalfacility e[to tundergo 17l case,] theb person,d supervisingi thea defendant'sº treatment]r fortreatment wto lattain ncompetency dto 18proceed competencyin restoration,a thecriminal departmentcase, shalle filer with= thet =e =w 19d m a ln [district]o court, the stateperson andsupervising the defense:defendant's treatment] for d m :

ib r e t º o t n = .229310.5AIC January 29, 2025 (9:21pm) s k m e - 14 - e a n e d r 20e (1)l anu initial[ assessmentA ofd competency restoration, the defendantdepartment andshall afile twith mthe m[district] 21court, treatmentthe plan;state and the defense:

[and](1) dan rinitial eassessment 22of (2) a report on the defendant'sdefendant amenabilityand totreatment cplan; e s k 23 [treatment to render him competent to proceed in a criminal e a n b 24 case] competency restoration;

u[and [] (3)(2) ana assessmentreport ofon the [facility'sdefendant's oramenability .229310.5to -[treatment 13to -render program's]him department'scompetent capacity to provideproceed appropriatein treatmenta forcriminal thecase] defendant;competency restoration;

and(3) (4) an opinionassessment as to the probability of the [defendant's[facility's attaining]or defendantprogram's] beingdepartment's restoredcapacity to competencyprovide withinappropriate [atreatment periodfor of] nine months from the datedefendant; [of the original finding of incompetency to proceed in a criminal case] the court determined the defendant is not competent to stand trial." SECTION 4.

Sectionand 31-9-1.3(4) NMSAan 1978opinion (beingas Lawsto 1988,the Chapterprobability 107,of Sectionthe 4[defendant's andattaining Laws] 1988,defendant Chapterbeing 108,restored Sectionto 4,competency aswithin amended)[a period of ] nine months from the date [of the original finding of incompetency to proceed in a criminal case] the court determined the defendant is amendednot competent to read:stand trial." h SECTION 4.

"31-9-1.3.Section 31-9-1.3 NMSA 1978 (being Laws 1988, g o t hr Chapter 107, Section 4 and Laws 1988, Chapter 108, Section 4, g e i k as amended) is amended to read:

DETERMINATIONh OFr COMPETENCY--NINETY-DAYi REVIEW--REPORTS--CONTINUINGs TREATMENT.--"31-9-1.3. A.

WithinDETERMINATION ninetyOF daysCOMPETENCY--NINETY-DAY [ofh the, entryt, ofREVIEW--REPORTS--CONTINUING theTREATMENT.-- ordere committingu ang incompetent defendant to undergo treatment, the district court] after a court issues an order committing a e tb 17 defendant for competency restoration, the court, sitting w l ne de 18h withoutA. a jury, shall conduct a review hearing, unless waived = = 19 a l by the defense, and shall determine:

Within ninety days [of the entry of the order n d d i = = o h committing an incompetent defendant to undergo treatment, the l ] b ,d i a º e rdistrict 20court] (1)after whethera thecourt defendantissues [isan competentorder tocommitting a r i = r t me w d m 21a proceedn ino defendant for competency restoration, the criminalcourt, case;sitting d m :

and,b ife not]d hass beenº restoredo tot n = .229310.5AIC January 29, 2025 (9:21pm) s k m e - 15 - e a n e d r e 22l competencyu or[ remainsA notd competentwithout toa standjury, trial;shall conduct a review hearing, unless waived by the defense, and shall determine:

c(1) e s k 23 (2) if the defendant remains not competent, e a n b 24 whether the defendant is[is makingcompetent progress [under treatment] u [ toward [attainment of] being restored to competencyproceed withinin nine .229310.5 - 14 - months from the datecriminal [ofcase; the original finding of incompetency] the court determined the defendant is not competent to stand trial;

andand, (3)if whethernot] thehas defendantbeen remainsrestored dangerousto ascompetency [thator termremains isnot definedcompetent in]to determinedstand bytrial; the court in accordance with Section 31-9-1.2 NMSA 1978.

(2) if the defendant remains not competent , whether the defendant is making progress [under treatment ] toward [attainment of ] being restored to competency within nine months from the date [of the original finding of incompetency ] the court determined the defendant is not competent to stand trial;

and (3) whether the defendant remains dangerous as [that term is defined in ] determined by the court in accordance with Section 31-9-1.2 NMSA 1978.

At least seven days prior to the review hearing, the HCPACº [treatment supervisor]supervisor]»HCPAC departmentHCPACºtreatment h supervisor»HCPAC HCPACºdepartment of healthhealth»HCPAC shall submit g o t hr a written progress report to the court, the state and the g e i k defense [indicating][indicating ] that includes:

h r i s (1) the clinical findings [of the treatment h , t, supervisor] regarding the defendant's progress toward e u g e b l e e h competency restoration and the facts upon which the findings n d d i = = o h are based;

(2) [the] an opinion [of the treatment supervisor] as to whether the defendant has [attained] been e t 17 restored to competency or as to whether the defendant is making w l n] db 18,d progressi [under treatment] toward [attaining] being restored to = = 19 a lº competencye within(2) nine[the months] froman theopinion date [of the originaltreatment r i a= e r 20 finding of incompetency] the court determined the defendant is a t me mw 21 not competent to stand trial and whether there is a substantial d rm e 22 probability that the defendant will [attain] be restored to c e s k 23 competency within nine months from the date [of the original e a n bo 24supervisor] findingas ofto incompetency]whether the court determined the defendant ishas u[attained] [been notd competentm to: stand trial;

.229310.5b e d s º o t n = .229310.5AIC January 29, 2025 (9:21pm) s k m e - 1516 - (3)e ana opinionn e d r e l u [ A d restored to competency or as to whether the defendant [is]is remainsmaking dangerousprogress as[under [thattreatment term] istoward defined[attaining] in]being determinedrestored byto competency within nine months from the date [of the original finding of incompetency] the court indetermined accordancethe withdefendant Sectionis 31-9-1.2not NMSAcompetent 1978to [orstand trial and whether there is a substantial probability that the defendant satisfieswill [attain ] be restored to competency within nine months from the criteriadate for[of involuntarythe commitmentoriginal containedfinding inof incompetency] the Mentalcourt Healthdetermined andthe Developmentaldefendant Disabilitiesis Codenot and];competent to stand trial;

(4)(3) ifan opinion as to whether the defendant [is ] remains dangerous as [that term is receivingdefined medication,in] informationdetermined fromby the prescribingcourt physicianin indicatingaccordance thewith type,Section the31-9-1.2 dosageNMSA and1978 [or whether the effectdefendant ofsatisfies the medicationcriteria onfor theinvoluntary defendant'scommitment appearance,contained actionsin the Mental Health and demeanor;Developmental Disabilities Code and];

(5)(4) if the departmentdefendant ofis healthreceiving believesmedication, theh defendantinformation remainsfrom notthe competent,prescribing anphysician opinionindicating asthe totype, whetherg theo defendantt satisfieshr the criteriadosage forand involuntarythe commitmenteffect inof accordancethe withmedication on the Mentaldefendant's Healthg ande Developmentali Disabilitiesk Codeappearance, actions and whether:demeanor;

(a)h asr ai results of(5) aif mentalthe disorder,department eof thealth 17believes the h , t, defendant presentsremains anot likelihoodcompetent, ofan seriousopinion harmas to whether the we u g e b l e e h defendant satisfies the criteria for involuntary commitment in n d 18d defendant'si self= or= others;o h accordance with the Mental Health and Developmental l ] b ,d i a º e Disabilities Code and whether:

=r i = 19r at le (b)w thed defendantm needsa andn iso likely(a) toas i a eresult rof 20a benefitmental fromdisorder, involuntaryd commitmentm and: treatment;

andb ae d s º o t mn = .229310.5AIC January 29, 2025 (9:21pm) s k m 21e (c)- the17 proposed- commitmente isa n e d r e 22l consistentu with[ theA treatmentd needs of the defendant andpresents witha clikelihood eof sserious kharm 23to the leastdefendant's drasticself meansor principle;others;

and(b) e a n b 24 (6) if the department of health believes the u [ defendant remainsneeds notand competent,is anlikely opinion as to whetherbenefit thefrom .229310.5 - 16 - defendant satisfies the criteria for involuntary treatmentcommitment in accordance with the Assisted Outpatient Treatment Act and whethertreatment; the defendant:

and (c) the proposed commitment is consistent with the treatment needs of the defendant and with the least drastic means principle;

and (6) if the department of health believes the defendant remains not competent, an opinion as to whether the defendant satisfies the criteria for involuntary treatment in accordance with the Assisted Outpatient Treatment Act and whether the defendant:

h (c) is unwilling or unlikely, as a g o t hr result of a mental disorder, to voluntarily participate in g e i k outpatient treatment that would enable the person to live h r i s safely in the community without court supervision;

h , t, (d) is in need of assisted outpatient e u g e b l e e h treatment as the least restrictive appropriate alternative to n d d i = = o h prevent a relapse or deterioration likely to result in serious l ] b ,d i a º e harm to the defendant's self or others;

and (e)r willi likely= benefitr fromt assisted e tw 17d outpatientm treatmenta andn haveo the(e) defendant'swill bestlikely interestsbenefit wfrom lassisted n d 18m served.:

=b e d s º o t n = 19.229310.5AIC January 29, 2025 (9:21pm) s k m e - 18 - e a n e d r e l C.u [ A d outpatient treatment and have the defendant's best interests served.

IfC. the district court finds that the defendant i a e r 20 [to be competent] is restored to competency, the district court a t m m 21 shall set the matter for trial;

providedIf that if the defendantdistrict dcourt rfinds ethat 22 is in need of continued care or treatment and the [supervisordefendant c[to ebe scompetent k] 23is ofrestored the defendant's treatment] department of health agrees to ecompetency, a n b 24 continue to provide it, the district court mayshall [enterset any]the umatter [ order [it deems appropriate for the]trial; continued care or .229310.5 - 17 - treatment of the defendant [by the facility or program pending] until the conclusion of the criminal proceedings.

provided that if the defendant is in need of continued care or treatment and the [supervisor of the defendant's treatment] department of health agrees to continue to provide it, the district court may [enter any ] order [it deems appropriate for the ] continued care or treatment of the defendant [by the facility or program pending ] until the conclusion of the criminal proceedings.

If the district court finds that the defendant [is still] remains not competent [to proceed in a criminal case] but that [he] the defendant is making progress toward [attaining][attaining ] being restored to competency, the district court may continue or modify its original [treatment][treatment ] commitment h order entered pursuant to Section 31-9-1.2 NMSA 1978;

provided g o t hr that:

g e i k (1) the question of the defendant's competency h r i s shall be reviewed again not later than nine months from the h , t, [original determination of incompetency to proceed in a e u g e b l e e h criminal case] date the court determined the defendant is not n d d i = = o h competent to stand trial;

and (2)l the] [treatmentb supervisor],d departmenti ofa healthº shalle submit(2) athe writtenHCPACº progress[treatment reportsupervisor]»HCPAC asr specifiedi in= er t 17e Subsectionw Bd ofm thisa sectionn ato leastHCPACºtreatment sevensupervisor»HCPAC daysHCPACºdepartment priorof to such w l n d 18m hearing.:

=b e d s º o t n = .229310.5AIC January 29, 2025 (9:21pm) s k m e - 19 - e a n e d r e l E.u [ A d health»HCPAC shall submit a written progress report as specified in Subsection B of this section at least seven days prior to such hearing.

IfE. the district court finds that the defendant i a e r 20 [is still] remains not competent, that [he] the defendant is a t m m 21 not making progress toward [attaining] being restored to d r e 22 competency and that there is not a substantial probability that c e s k 23 [he] the defendant will [attain] be restored to competency e a n b 24 within nine months from the date [of the original finding of u [ incompetency the district court] the court determined the .229310.5 - 18 - defendant is not competent to stand trial, the court shall proceed pursuant to Section 31-9-1.4 NMSA 1978.

However,If if the defendantdistrict iscourt infinds needthat ofthe continueddefendant care[is andstill] treatmentremains andnot thecompetent, [supervisorthat of[he] the defendant'sdefendant treatment]is departmentnot ofmaking healthprogress agreestoward to[attaining continue] being restored to providecompetency it,and that there is not a substantial probability that [he ] the districtdefendant courtwill may[attain] [enterbe any]restored orderto [itcompetency deemswithin appropriatenine formonths the]from continuedthe caredate or[of treatmentthe original finding of incompetency the defendantdistrict bycourt] the [facilitycourt ordetermined programthe pending]defendant departmentis untilnot thecompetent conclusionto ofstand trial, the criminalcourt proceedings."shall SECTIONproceed 5.pursuant to Section 31-9-1.4 NMSA 1978.

SectionHowever, 31-9-1.4if NMSAthe 1978defendant (beingis Lawsin 1988,need Chapterof 107,continued Sectioncare 5and treatment and Lawsthe 1988,[supervisor Chapterof 108,the Sectiondefendant's 5,treatment as] amended)department isof amendedhealth agrees to read:continue to provide it, the district court may [enter any ] order [it deems appropriate for the] continued care h or treatment of the defendant by the [facility or program g o t hr pending] department until the conclusion of the criminal g e i k proceedings." h r i s SECTION 5.

"31-9-1.4.Section 31-9-1.4 NMSA 1978 (being Laws 1988, h , t, Chapter 107, Section 5 and Laws 1988, Chapter 108, Section 5, e u g e b l e e h as amended) is amended to read:

DETERMINATION OF COMPETENCY--INCOMPETENT DEFENDANTS.--If at any time the district court determines that there is not a substantial probability that the defendant will [become competent to proceed in a criminal case within a e t 17 reasonable period of time not to exceed nine months from the w l n d 18d datei of the original finding of incompetency] be restored to = = 19o ah l"31-9-1.4. competency within nine months from the date the court i a e r 20 determined the defendant is not competent to stand trial, the a t m m 21 district court may:

dDETERMINATION OF COMPETENCY--INCOMPETENT l ] b ,d i a º e DEFENDANTS.--If at any time the district court determines that r i = r t e 22w A.d m a n o there is not a substantial probability that the defendant will d m :

[hearb thee matterd pursuants to]º holdo at criminaln c= e.229310.5AIC sJanuary k29, 232025 commitment(9:21pm) hearings ink accordancem withe Section- 31-9-1.520 NMSA- e a n be 24d 1978r e l u [ A d [become competent to proceed in a criminal case within threea reasonable period of time not to exceed nine months iffrom the defendantdate isof chargedthe withoriginal [afinding uof [incompetency] felonybe thatrestored involvesto competency within nine months from the inflictiondate ofthe greatcourt bodilydetermined harmthe ondefendant .229310.5is -not 19competent -to anotherstand person;trial, the district court may:

A.

[hear the matter pursuant to ] hold a criminal commitment hearing in accordance with Section 31-9-1.5 NMSA within three months if the defendant is charged with [a felony that involves the infliction of great bodily harm on another person;

(1) a felony involving infliction of great h bodily harm, as defined in Section 30-1-12 NMSA 1978, on u » r another person;

t h g e l i (2) criminal sexual penetration, as provided h r i s in Section 30-9-11 NMSA 1978;

h , e h (3) criminal sexual contact of a minor, as t u g e b l e e , gh provided in Section 30-9-13 NMSA 1978;

n d d i = = o h (4) abuse of a child, as provided in l ] b ,d i a º r Subsection D of Section 30-6-1 NMSA 1978;

e r = t e w d m a n o (5) a crime provided for in the Sexual Exploitationd ofm Children: Act;

b r e t 17º (6)o humant trafficking,n as= provided.229310.5AIC inJanuary Section29, w2025 l(9:21pm) s k m e - 21 - e a n e d 18r 30-52-1e NMSAl 1978;u [ A d Exploitation of Children Act;

=(6) =human 19trafficking, aas lprovided (7)in aSection felony30-52-1 involvingNMSA the1978; use of a firearm;

i(7) a efelony rinvolving 20the oruse of a tfirearm; m m 21 (8) aggravated arson, as provided in Section d r e 22 30-17-6 NMSA 1978;

cor e(8) saggravated karson, 23as B.provided in Section 30-17-6 NMSA 1978;

releaseB. the defendant from custody and dismiss e a n b 24 the criminal case with prejudice [the charges against him];

orrelease uthe [defendant C.from custody and dismiss the criminal case with prejudice [the charges against him];

dismissor theC. criminal case without prejudice in .229310.5 - 20 - the interest of justice;

provideddismiss that if the [treatmentcriminal supervisorcase haswithout issuedprejudice a report finding] department of health reports to the court that the defendant satisfies the criteria for involuntary commitment [contained] in accordance with the Mentalinterest Health and Developmental Disabilities Code, the department of healthjustice; shall [commence] initiate those proceedings [pursuant to Chapter 43, Article 1 NMSA 1978], and the court may order the defendant confined for a maximum of seven days to facilitate [preparation and] the initiation of [a petition pursuant to the Mental Health and Developmental Disabilities code.

Theprovided districtthat if the HCPACº[treatment supervisor»HCPAC HCPACºtreatment supervisor»HCPAC HCPACº[»HCPAC has issued a report finding] HCPACºdepartment of health»HCPAC reports to the court that the defendant satisfies the criteria for involuntary commitment [contained ] in accordance with the Mental Health and Developmental h Disabilities Code, the department of health shall [commence ] g o t hr initiate those proceedings [pursuant to Chapter 43, Article 1 g e i k NMSA 1978], and the court may referorder the defendant confined for h r i s a maximum of seven days to facilitate [preparation and ] the districth attorney, fort, possiblee u g initiation of proceedings[a underpetition pursuant to the Mental Health and Developmentale Disabilitiesb Code]l thosee proceedings;e h Developmental Disabilities code.

andThe provideddistrict furthercourt thatmay refer n d d i = = o h the defendant to the district attorney mayfor initiatepossible involuntaryinitiation commitmentl ] b ,d i a º e of proceedings inunder the department'sMental stead."Health eand Developmental r i = r t 17e SECTIONw 6.d m a n o Disabilities Code] those proceedings;

Sectionand 31-9-1.5provided NMSAfurther 1978that (being Laws 1988, w l n d 18m Chapter: 107, Section 6 and Laws 1988, Chapter 108, Section 6, = = 19 a l as amended) is amended to read:

ib e d s º o t n = .229310.5AIC January 29, 2025 (9:21pm) s k m e - 22 - e a n e d r 20e "31-9-1.5.l u [ A d the district attorney may initiate involuntary commitment proceedings in the department's stead." SECTION 6.

DETERMINATIONSection OF31-9-1.5 COMPETENCY--CRIMINALNMSA a1978 t(being mLaws m1988, 21Chapter COMMITMENT--EVIDENTIARY107, HEARING.--Section d6 rand eLaws 221988, A.Chapter 108, Section 6, as amended) is amended to read:

[As"31-9-1.5. provided for in Subsection A of Section c e s k 23 31-9-1.4 NMSA 1978, A] If the court determines that there is e a n b 24 not a substantial probability that a defendant not competent to u [ stand trial will be restored to competency, a commitment .229310.5 - 21 - hearing to determine the sufficiency of the evidence of the defendant's guilt shall be held if [the case is not dismissed and if] the defendant is charged with [a felony that involves the infliction of great bodily harm on another person;

DETERMINATION OF COMPETENCY--CRIMINAL COMMITMENT--EVIDENTIARY HEARING.-- A.

[As provided for in Subsection A of Section 31-9-1.4 NMSA 1978, A] If the court determines that there is not a substantial probability that a defendant not competent to stand trial will be restored to competency, a commitment hearing to determine the sufficiency of the evidence of the defendant's guilt shall be held if [the case is not dismissed and if] the defendant is charged with [a felony that involves the infliction of great bodily harm on another person;

aggravated arson, as h provided in Section 30-17-6 NMSA 1978;

criminal sexual u » r penetration, as provided in Section 30-9-11 NMSA 1978;

or t h g e l i criminal sexual contact of a minor, as provided in Section h r i s 30-9-13 NMSA 1978.

h , e h (1) a felony involving infliction of great t u g e b l e e , gh bodily harm, as defined in Section 30-1-12 NMSA 1978, on n d d i = = o h another person;

l ] b ,d i a º r (2) criminal sexual penetration, as provided e r = t e w d m a n o in Section 30-9-11 NMSA 1978;

(3)d criminalm sexual: contact of a minor, as provided in Section 30-9-13 NMSA 1978;

b r e t 17º (4)o abuset ofn = .229310.5AIC January 29, 2025 (9:21pm) s k m e - 23 - e a child,n ase providedd inr we l nu [ A d 18(3) Subsectioncriminal Dsexual contact of a minor, as provided in Section 30-6-130-9-13 NMSA 1978;

=(4) =abuse 19of a lchild, (5)as a crime provided for in theSubsection SexualD iof aSection e30-6-1 rNMSA 201978; Exploitation of Children Act;

(5) a tcrime m m 21 (6) human trafficking, as provided for in Sectionthe dSexual rExploitation eof 22Children 30-52-1Act; NMSA 1978;

c(6) ehuman strafficking, kas 23provided (7)in aSection felony30-52-1 involvingNMSA the1978; use of a firearm;

e(7) a nfelony binvolving 24the oruse uof [a (8)firearm; aggravated arson, as provided in Section .229310.5 - 22 - 30-17-6 NMSA 1978.

or (8) aggravated arson, as provided in Section 30-17-6 NMSA 1978.

The district court h may admit hearsay or affidavit evidence on secondary matters g o t hr such as testimony to establish the chain of possession of g e i k physical evidence, laboratory reports, authentication of h r i s transcripts taken by official reporters, district court and h , t, business records and public documents.

[B.]e C.u g e b l e e h [B.

If] theC. evidence does not establish by clear and convincing evidence that the defendant committed [a felony that involves the infliction of great bodily harm on another person;

If the evidence does not establish by clear n d d i = = o h and convincing evidence that the defendant committed [a felony l ] b ,d i a º e that involves the infliction of great bodily harm on another r i = r t e w d m a n o person;

aggravated arson,d asm provided: in Section 30-17-6 NMSA 1978;

b e d s º o t n = .229310.5AIC January 29, 2025 (9:21pm) s k m e - 24 - e a n e d r e l u [ A d arson, as provided in Section 30-17-6 NMSA 1978;

e t 17 or criminal sexual contact of a minor, as provided in Section w l n d 18 30-9-13 NMSA 1978] the crime charged, the district court shall = = 19 a l dismiss the criminal case with prejudice.

[however, nothing in i a e r 20 this section shall prevent the state from initiating a t m m 21 proceedings under the provisions of the Mental Health and d r e 22 Developmental Disabilities Code, and the court may order the c e s k 23 defendant confined for a maximum of seven days to facilitate e a n b 24 preparation and initiation of a petition pursuant to that code.

u [ C.] D.

If the district court finds by clear and .229310.5 - 23 - convincing evidence that the defendant committed [a][a ] the crime charged and has not made a finding of dangerousness [pursuant to] in accordance with Section 31-9-1.2 NMSA 1978, the district court shall dismiss the [charges][charges ] criminal case without prejudice.

[The state may initiate proceedings pursuant to the h provisions of the Mental Health and Developmental Disabilities g o t hr Code and the court may order the defendant confined for a g e i k maximum of seven days to facilitate preparation and initiation h r i s of a petition pursuant to that code.

h , t, D.] E.

If the district court finds by clear and e u g e b l e e h convincing evidence that the defendant committed [a felony that n d d i = = o h involves the infliction of great bodily harm on another person;

l ] b ,d i a º e a felony that involves the use of a firearm;

aggravated arson, r i = r t e w d m a n o as provided in Section 30-17-6 NMSA 1978;

criminal sexual penetration,d asm provided: in Section 30-9-11 NMSA 1978;

orb criminale sexuald contacts ofº ao minor,t asn provided= in.229310.5AIC SectionJanuary e29, t2025 17(9:21pm) 30-9-13s NMSAk 1978]m thee crime- charged25 and- enterse a finding that w l n e d 18r thee defendant remains [incompetent to proceed] not competent to = = 19 a l standu trial[ andA remainsd dangerouspenetration, [pursuant to] as determinedprovided i a e r 20 by the court in accordance with Section 31-9-1.230-9-11 NMSA 1978:1978;

or criminal sexual contact of a tminor, mas mprovided 21in (1)Section 30-9-13 NMSA 1978] the defendantcrime shallcharged beand detainedenters bya finding that the ddefendant rremains e[incompetent 22to departmentproceed of] healthnot competent to stand trial and remains dangerous [pursuant to] as determined by the court in aaccordance secure,with lockedSection facility;31-9-1.2 NMSA 1978:

c(1) e s k 23 (2) the defendant shall not be releaseddetained fromHCPACº eby a n b 24 that secure facility except pursuant to an order of the udepartment [ [district] court [which] that committed [him] the defendant or .229310.5 - 24 - upon expiration of thehealth periodin ofa timesecure, equallocked tofacility»HCPAC theHCPACºin maximuma sentencesecure, tolocked, whichlicensed theinpatient defendantpsychiatric wouldhospital»HCPAC have; been subject had the defendant been convicted in a criminal proceeding;

(3)(2) significantthe changesdefendant inshall not be released from that secure facility except pursuant to an order of the defendant's[district] condition,court including[which] [butthat notcommitted limited[him] to]the trialdefendant competencyor andupon dangerousness,expiration shallof bethe reportedperiod inof writingtime equal to the districtmaximum court,sentence stateto andwhich defense;the defendant would have been subject had the defendant been convicted in a criminal proceeding;

andh (4)(3) atsignificant leastchanges everyin two years, the districtdefendant's courtu shall» conductr acondition, hearingincluding upon[but noticenot limited to the] partiestrial competency and thet departmenth ofg healthe chargedl withi detainingdangerousness, shall be reported in writing to the defendant.district h r i s court, state and defense;

Atand theh hearing,, e h (4) at least every two years, the district t u g e b l e e , gh court shall enterconduct findingsa onhearing upon notice to the issuesparties and n d d i = = o h the department of trialhealth competencycharged andwith dangerousness:detaining the defendant.

(a)l upon] b ,d i a findingº thatr At the defendanthearing, isthe competentcourt toshall proceedenter infindings aon criminalthe case,issues theof courte shallr continue= witht thee criminalw proceeding;d m a n o trial competency and dangerousness:

(b) if the defendant continues to [be e t 17 incompetent to proceed in a criminal case] remain not competent w l n d 18 to stand trial and dangerous [pursuant to] in accordance with = = 19 a l Section 31-9-1.2 NMSA 1978, the court shall review the i a e r 20 defendant's competency and dangerousness every two years until a t m m: 21 expiration of the period of commitment equal to the maximum d r e 22 sentence to which the defendant would have been subject had [he c e s k 23 or she] the defendant been convicted in a criminal proceeding;

e a n b 24r [providede thatt ifº theo treatmentt supervisorn recommends= that.229310.5AIC theJanuary u29, [2025 defendant(9:21pm) bes committedk pursuantm toe the Mental Health and .229310.5 - 2526 - Developmentale Disabilitiesa Code,n thee courtd mayr ate anyl timeu proceed[ pursuantA tod Subsection(a) Cupon ofa Sectionfinding 31-9-1.4that NMSA 1978] and (c) [if the defendant is notcompetent committed pursuant to Sectionsproceed 31-9-1in througha 31-9-1.5criminal NMSAcase, 1978 or] if the court findsshall uponcontinue itswith two-year review hearing that the defendantcriminal isproceeding; no longer dangerous, [as defined in Section 31-9-1.2 NMSA 1978] the defendant shall be released.

F.(b) if the defendant continues to [be incompetent to proceed in a criminal case] remain not competent to stand trial and dangerous [pursuant to] in accordance with Section 31-9-1.2 NMSA 1978, the court shall review the defendant's competency and dangerousness every two years until expiration of the period of commitment equal to the maximum sentence to which the defendant would have been subject had [he or she] the defendant been convicted in a criminal proceeding;

At[provided anythat time,if includingthe aftertreatment asupervisor courtrecommends dismissesthat athe casedefendant againstbe acommitted defendant,pursuant to the departmentMental Health and Developmental Disabilities Code, the court may at any time proceed pursuant to Subsection C of healthSection or31-9-1.4 NMSA 1978] and h (c) [if the districtdefendant attorneyis maynot initiatecommitted involuntaryu commitment» proceedingsr inpursuant accordanceto withSections 31-9-1 through 31-9-1.5 NMSA 1978 or] if t h g e l i the Mentalcourt Healthfinds andupon Developmentalits Disabilitiestwo-year Codereview orhearing proceedingsthat the h r i s defendant is no longer dangerous, [as defined in accordanceSection withh , e h 31-9-1.2 NMSA 1978] the Assisteddefendant Outpatientshall Treatmentbe Act.released.

Ift theu districtg attorney indicates an intent to initiate involuntary commitment proceedings in accordance with the Mental Health and e tb 17 Developmental Disabilities Code, the court may detain the w l ne d 18 defendant for a maximum of seven days only to facilitate the = = 19 a l initiation of those proceedings." i a e r, 20gh SECTIONF. 7.

SectionAt 31-9-1.6any NMSAtime, 1978including (beingafter Lawsa 1997,court dismisses a n d d i = = o h case against a defendant, the department of health or the l ] b ,d i a º r district attorney may initiate involuntary commitment e r = t me w d m 21a Chaptern 153,o Sectionproceedings 1,in asaccordance amended)with isthe amendedMental toHealth read:and d m :

b r e t º o t n = .229310.5AIC January 29, 2025 (9:21pm) s k m e - 27 - e a n e d r e 22l "31-9-1.6.u [ A d Developmental Disabilities Code or proceedings in accordance with the Assisted Outpatient Treatment Act.

HEARINGIf TOthe DETERMINEdistrict DEVELOPMENTALattorney ORindicates can eintent sto kinitiate 23involuntary INTELLECTUALcommitment DISABILITY.--proceedings ein accordance with the Mental Health and Developmental Disabilities Code, the court may detain the defendant for a nmaximum bof 24seven A.days only to facilitate the initiation of those proceedings." SECTION 7.

UponSection motion31-9-1.6 ofNMSA the1978 defense,(being [requestingLaws a1997, uChapter [153, ruling]Section the1, courtas shallamended) hold a hearing to determine whether the .229310.5 - 26 - defendant [has] is notamended competent due to aread: developmental or intellectual disability as defined in Subsection E of this section.

B."31-9-1.6.

IfHEARING theTO courtDETERMINE findsDEVELOPMENTAL byOR aINTELLECTUAL preponderanceDISABILITY.-- ofA. the evidence that the defendant [has] is not competent to stand trial due to a developmental or intellectual disability and that there is not a substantial probability that the defendant will [become competent to proceed in a criminal case] be restored to competency within [a reasonable period of time not to exceed] nine months from the date [of the original finding of incompetency, then, no later than sixty days from notification to the secretary of health or the secretary's designee of the court's findings, the department of health shall perform an evaluation to] the court determined the defendant is not competent to stand trial, the court shall notify the department of health of the court's finding.

WithinUpon emotion tof 17the sixtydefense, days[requesting ofa receiptruling] of the court'scourt notification,shall hold a hearing to determine whether the wdefendant l[has n] dis 18not departmentcompetent due to a developmental or intellectual disability as defined in Subsection E of healththis section HCPACº , and the evaluator shall determinebe whetherprovided with the defendanth =necessary =and 19available adocuments lreasonably presentsrequired afor likelihoodg ofo serioust harmhr admission pursuant to thewritten defendant'spolicies selfadopted iby athe secretary g e ri 20k of health or others.the secretary's designee.»HCPAC .

ah tr mi ms 21B. C.

If the departmentcourt offinds healthby [evaluationa resultspreponderance dof rthe eh 22, int, ae finding]u determinesg evidence that the defendant presents[has a] cis enot scompetent k 23 likelihood of serious harm to selfstand or others, [within sixty e a n b 24l dayse ofe theh department'strial evaluation]due the department shall u [ [commence proceedings pursuant to Chaptera 43,developmental Articleor 1intellectual NMSAdisability .229310.5and -n 27d -d 1978]i initiate= involuntary= commitmento proceedingsh inthat accordancethere withis thenot Mentala Healthsubstantial andprobability Developmentalthat Disabilities Code if the defendant [was]l is] chargedb with,d [murderi ina theº firste degree,will first[become degreecompetent criminalto sexualproceed penetration,in criminal sexual contact of a minorcriminal orcase arson] inbe ther initiali proceedings,= andr thet courte presidingw overd them initiala proceedingsn shallo enterrestored ato findingcompetency thatwithin the[a respondentreasonable presentsperiod aof likelihoodtime ofnot harmd tom others]::

(1)b e d s º o t n = .229310.5AIC January 29, 2025 (9:21pm) s k m e - 28 - e a felonyn involvinge inflictiond r e l u [ A d to exceed] nine months from the date [of the original finding of greatincompetency, bodilythen, harm,no aslater definedthan insixty Sectiondays 30-1-12from NMSAnotification 1978,to onthe anothersecretary person;of health or the secretary's designee of the court's findings, the department of health shall perform an evaluation to] the court determined the defendant is not competent to stand trial, the court shall notify the department of health of the court's finding.

Within sixty days of receipt of the court's notification, the department of health shall determine whether the defendant presents a likelihood of serious harm to the defendant's self or others.

C.

If the department of health [evaluation results in a finding] determines that the defendant presents a likelihood of serious harm to self or others, [within sixty days of the department's evaluation] the department shall [commence proceedings pursuant to Chapter 43, Article 1 NMSA h 1978] initiate involuntary commitment proceedings in accordance u » r with the Mental Health and Developmental Disabilities Code if t h g e l i the defendant [was ] is charged with [murder in the first h r i s degree, first degree criminal sexual penetration, criminal h , e h sexual contact of a minor or arson in the initial proceedings, t u g e b l e e , gh and the court presiding over the initial proceedings shall n d d i = = o h enter a finding that the respondent presents a likelihood of l ] b ,d i a º r harm to others]:

e r = t e w d m a n o (1) a felony involving infliction of great d m :

b r e t º o t n = .229310.5AIC January 29, 2025 (9:21pm) s k m e - 29 - e a n e d r e l u [ A d bodily harm, as defined in Section 30-1-12 NMSA 1978, on another person;

(4) abuse of a child, as provided in e t 17 Subsection D of Section 30-6-1 NMSA 1978;

w l n d 18 (5) a crime provided for in the Sexual = = 19 a l Exploitation of Children Act;

i a e r 20 (6) human trafficking, as provided in Section a t m m 21 30-52-1 NMSA 1978;

d r e 22 (7) a felony involving the use of a firearm;

c e s k 23 or e a n b 24 (8) aggravated arson, as provided in Section u [ 30-17-6 NMSA 1978.

.229310.5h - 28 - D.

[The criminal charges shall be dismissed without g o t hr prejudice] After the [hearing pursuant to Chapter 43, Article 1 g e i k NMSA 1978] involuntary commitment hearing or upon expiration of h r i s fourteen months from the court's initial determination that the h , t, defendant is [incompetent to proceed in a criminal case]case ] not e u g e b l e e h competent to stand trial, the criminal case shall be dismissed n d d i = = o h without prejudice.

l ] b ,d i a º e E.

As used in this section, "developmental or intellectualr disability"i means= significantlyr subaveraget generale w d m a n o intellectual functioningdisability" existingmeans concurrentlysignificantly withsubaverage deficitsgeneral ind adaptivem behavior.:

b e d s º o t n = .229310.5AIC January 29, 2025 (9:21pm) s k m e - 30 - e a n e d r e l u [ A d intellectual functioning existing concurrently with deficits in adaptive behavior.

e t 17 "31-9-2.

COMPETENCY EVALUATION--MENTALEVALUATION --MENTAL OR FUNCTIONAL w l n d 18 EXAMINATION.-- = = 19 a l A.

Upon motion of any defendant, the court shall i a e r 20 order a mental examination of the defendant before making any a t m m 21 determination of the defendant's competency.

[under Sections d r e 22 41-13-3 or 41-13-3.1 New Mexico Statutes Annotated, 1953 c e s k 23 Compilation.

Where] If the defendant is determined to be e a n b 24 indigent, the court shall pay for the costs of the examination u [ from funds available to the court.

.229310.5h - 29 - B.

A court may authorize a district attorney or the g o t hr department of health to use a report of any examination ordered g e i k before a determination of a defendant's competency to stand h r i s trial for the purposes of initiating proceedings in accordance h , t, with the Mental Health and Developmental Disabilities Code or e u g e b l e e h the Assisted Outpatient Treatment Act." n d d i = = o h SECTION 9.

Section 43-1B-4 NMSA 1978 (being Laws 2016, l ] b ,d i a º e Chapter 84, Section 4, as amended) is amended to read:

r i = r t e w d m a n o "43-1B-4.

PETITION TO THE COURT.-- A.d m :

b e d s º o t n = .229310.5AIC January 29, 2025 (9:21pm) s k m e - 31 - e a n e d r e l u [ A d A.

A petition for an order authorizing assisted e t 17 outpatient treatment may be filed only by the following w l n d 18 persons:

= = 19 a l (1) a person eighteen years of age or older i a e r 20 who resides with the respondent;

a t m m 21 (2) the parent or spouse of the respondent;

d r e 22 (3) the sibling or child of the respondent;

c e s k 23 provided that the sibling or child is eighteen years of age or e a n b 24 older;

u [ (4) the director of a hospital where the .229310.5h - 30 - respondent is hospitalized;

g o t hr (5) the director of a public or charitable g e i k organization or agency or a home where the respondent resides h r i s and that provides mental health services to the respondent;

h , t, (6) a qualified professional who either e u g e b l e e h supervises the treatment of or treats the respondent for a n d d i = = o h mental disorder or has supervised or treated the respondent for l ] b ,d i a º e a mental disorder within the past forty-eight months;

[or][or ] r i = r t e w d m a n o (7) a surrogate decision-maker;

or (8)d am district: attorney or the attorney general.

b e d s º o t n = .229310.5AIC January 29, 2025 (9:21pm) s k m e - 32 - e a n e d r e l u [ A d (8) a district attorney or the attorney general.

(2) facts that support the petitioner's belief e t 17 that the respondent meets each criterion;

provided that the w l n d 18 hearing on the petition need not be limited to the stated = = 19 a l facts;

and i a e r 20 (3) whether the respondent is present or is a t m m 21 reasonably believed to be present within the county where the d r e 22 petition is filed.

c e s k 23 D.

The petition shall be accompanied by an e a n b 24 affidavit of a qualified professional that shall state that:

u [ (1) the qualified professional has personally .229310.5h - 31 - examined the respondent no more than [ten][ten ] thirty days prior to g o t hr the filing of the petition, that the qualified professional g e i k recommends assisted outpatient treatment for the respondent and h r i s that the qualified professional is willing and able to testify h , t, at the hearing on the petition either in person or by e u g e b l e e h contemporaneous transmission from a different location;

or n d d i = = o h (2) no more than ten days prior to the filing ofl the] petition,b the,d qualifiedi professionala orº thee qualifiedof professional's designee has unsuccessfully attempted to persuade the respondentpetition, to submit to an examination, that the qualified professional hasor reason to believe that the respondent meets the criteria for assisted outpatient treatment and that the qualified professionalr isi willing= andr ablet to examine the respondent and testify at the hearing on the petition either in person or by contemporaneous transmission from a different location." e t 17 - 32 - w l n d 18m = = 19 a ln io aprofessional's edesignee rhas 20unsuccessfully aattempted tto md m 21: d r e 22 c e s k 23 e a n b 24 u [ .229310.5

b e d s º o t n = .229310.5AIC January 29, 2025 (9:21pm) s k m e - 33 - e a n e d r e l u [ A d persuade the respondent to submit to an examination, that the qualified professional has reason to believe that the respondent meets the criteria for assisted outpatient treatment and that the qualified professional is willing and able to examine the respondent and testify at the hearing on the petition either in person or by contemporaneous transmission from a different location." - 34 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .229310.5AIC January 29, 2025 (9:21pm) s k em e e a n e d r e l u [ A d