House Bill 26-037

This act establishes statewide standards for determining and addressing competency to stand trial in criminal proceedings, emphasizing treatment rather than incarceration for defendants found incompetent. A defendant is competent when they have a rational and factual understanding of the proceedings and can reasonably consult with counsel. Courts must screen defendants for signs of incompetency at their first appearance and may order prompt outpatient evaluations or voluntary stabilization services. For low-level, nonviolent offenses, courts are encouraged to divert defendants into treatment instead of continuing prosecution. Defendants are also entitled to an independent competency evaluation, paid for by the state when they are indigent.

This act requires courts to prioritize community-based and outpatient competency restoration unless the defendant presents a substantial risk of serious harm. Restoration services may include behavioral health treatment, medication management, case management, peer support, housing assistance, and competency education. Inpatient commitment may be ordered only when the court makes written findings that less restrictive alternatives are insufficient. Each defendant must receive an individualized treatment plan incorporating trauma-informed care, cultural competency, and coordination with local behavioral health providers. Courts must review competency cases at least every 90 days, and defendants retain rights to participate in hearings, challenge treatment or confinement conditions, request less restrictive placement, and refuse medication unless separately ordered by a court consistent with due process.

This act establishes maximum periods for competency restoration of nine months for petty and misdemeanor offenses, 12 months for nonviolent felonies, and 24 months for violent felonies. If competency is not restored within the applicable period, petty-offense charges must be dismissed with prejudice, while other charges must be dismissed without prejudice, and the defendant may be transitioned to voluntary or civil behavioral health services when necessary. Continued confinement solely for competency restoration beyond these limits is prohibited. A defendant found incompetent also may not remain in jail simply because treatment space is unavailable, requiring the state to arrange timely placement in an appropriate community or treatment setting.

This act requires the Department of Health to expand community competency-restoration programs statewide, including a peer-led pilot program in at least three counties, with priority funding for rural and underserved communities, mobile crisis services, and supportive housing. The Judicial Branch and Department of Health must track evaluation and treatment times, restoration success rates, inpatient and outpatient utilization, and recidivism and report annually to the General Assembly. Judges and magistrates assigned to criminal cases must also receive annual behavioral-health and trauma-informed adjudication training. The act contains a safety clause and was approved May 28, 2026.