This law outlines the procedures for handling defendants charged with capital murder who are found to be unrestorably incompetent. It allows for their commitment to inpatient custody after five years of continued incompetence and details the roles of the Department of Behavioral Health and Developmental Services, including treatment decisions and court notifications. The law also provides for court review of treatment changes involving the defendant's ability to leave the facility.
If a defendant is deemed unrestorably incompetent for five years, the court may commit them to inpatient custody of the Department of Behavioral Health and Developmental Services.
Yes, the Department can make transfers and treatment decisions after obtaining prior approval or review by the court.
The Department must notify the court, the attorney, and the defendant's counsel, and the court will hold a hearing to approve or deny the leave.
Yes, the Department can delegate duties to an administrative board with expertise in mental health and legal matters.