SB 388 — Incapacity to Proceed.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 21 SENATE BILL 388 House Committee Substitute Favorable 6/21/17 Short Title:

Senator Randleman (Primary Sponsor).

Rules and Operations of the Senate March 27, 2017 A BILL TO BE ENTITLED AN ACT TO ALLOW REPORTS RECEIVED BY THE COURT ON THEINCAPACITY LACK OF CAPACITY TO PROCEED TO BE SHARED WITH TREATMENT PROVIDERSPROVIDERS. AND TO STUDY THE LACK OF CAPACITY TO PROCEED PROCESS.

A copy of the full report shall be forwarded to defense counselcounsel, or to the defendant if he is not represented by counsel.

The Department of Health and Human Services shall convene a workgroup to evaluate the laws governing the lack of capacity to proceed process, including the impact of the laws on the limited resources of the community mental health system, hospitals, state psychiatric hospitals, local law enforcement, court system, jails, crime victims, and criminal defendants.

The workgroup shall be comprised of criminal justice and mental health experts who work directly with individuals who have been determined to lack the capacity to proceed and shall include at least one representative from each of the following groups, agencies, or organizations:

(1) The Attorney General or his designee.

(2) The Director of the Administrative Office of the Courts or his designee.

(3) The President of the Conference of District Attorneys or his designee.

(4) The President of the Association of Defense Attorneys or his designee.

(5) The President of the Sheriff's Association or his designee.

*S388-v-2* General Assembly Of North Carolina Session 2017 (6) The President of the District Court Judges Association or his designee.

(7) The President of the Superior Court Judges Association or his designee.

(8) A forensic expert from a State Psychiatric Hospital.

(9) An advocate for individuals who have been determined to lack the capacity to proceed.

SECTION 3.(a) Preliminary report.

– The Department of Health and Human Services shall present preliminary findings of the workgroup to the following stakeholder organizations:

(1) North Carolina Sheriff's Association.

(2) North Carolina Psychiatric Association.

(3) North Carolina Council of Community Programs.

(4) North Carolina Conference of District Attorneys.

(5) North Carolina Hospital Association.

(6) North Carolina Association of County Commissioners.

(7) National Alliance on Mental Illness.

(8) North Carolina Indigent Defense Services.

SECTION 3.(b) Final report.

– After consultation with these stakeholder organizations, the workgroup shall finalize recommendations for improvements to the system, including any legislative proposals, and the Department of Health and Human Services shall report to the Joint Legislative Oversight Committees on Health and Human Services and on Justice and Public Safety by February 1, 2018.

The report shall include findings and recommendations on the following:

(1) Issues within the system that impact an individual who lacks capacity to proceed to trial and the process to determine capacity.

(2) Issues that create barriers within the system that negatively impact service providers, including jails, courts, hospitals, and law enforcement agencies, in their efforts to serve an individual who lacks the capacity to proceed.

(3) Solutions to reduce the number of persons who lack the capacity to proceed;

the number of persons who are referred to the State psychiatric hospitals;

and the number of stays in the hospitals beyond the clinical needs of the person who lacks the capacity to proceed.

SECTION 4.

Page*S388-v-1* 2 Senate Bill 388-Second Edition