HB4386 H H&HR AM #1

Roskovensky 3338

The House Committee on Health and Human Resources moved to amend the bill on page 1, by striking everything after the enacting section and inserting the following:

“ARTICLE 6A. COMPETENCY AND CRIMINAL RESPONSIBILITY OF PERSONS CHARGED OR CONVICTED OF A CRIME.

§27-6A-2a Department of Health and Human Resources notice and recommendation regarding placement in mental health facility; deference given.

When a court of competent jurisdiction determines that a hearing is necessary for purposes of adjudicating whether a criminal defendant shall be placed in a state inpatient mental health facility in accordance with the provisions of this article, the Department of Health and Human Resources shall be provided with notice of the hearing and an opportunity to make recommendations concerning placement of the defendant within the department’s system of care. The department shall place on file with the courts a memorandum setting forth the process for notifying the department and obtaining the department’s recommendations. Upon a determination that a criminal defendant will be placed in a state inpatient mental health facility, the court of competent jurisdiction shall afforded deference to recommendations of the department as to placement of the criminal defendant.”