SB 995 - The director of the Department of Corrections is authorize to establish, as a three-year pilot program, a mental health assessment process.
Upon a motion filed by the prosecutor in a criminal case, the judge may request that an offender be placed in the Department of Corrections for 120 days for a mental health assessment and treatment if it appears the person has a mental disorder or illness. The offender must qualify for probation including community psychiatric rehabilitation programs and such probation must be appropriate and consistent with public safety for the offender to be eligible for placement. Before the judge rules on the motion, the victim shall be given the opportunity to be heard by the court. Upon recommendation of the court, the department shall determine the offender's eligibility for the mental health process.
Following the assessment and treatment period, an assessment report shall be sent to the court. The court, if appropriate, may release the offender on probation. The offender shall be supervised by a state probation officer, who will work with the department of mental health to enroll eligible offenders in community psychiatric rehabilitation programs.
Persons convicted of certain serious offenses or any other offense where probation or parole is prohibited or persons found to be predatory sexual offenders are not eligible for probation under this act.
After three years, the directors of the Department of Corrections and Department of Mental Health shall jointly recommend to the Governor and General Assembly by December 31, 2013 on whether to expand the process statewide.
This provision is similar to certain provisions of HCS/SCS/SB 829 (2010) and HCS/HB 1451 (2010).
SUSAN HENDERSON MOORE