SB 122 - Currently, the court shall dismiss criminal charges without prejudice against certain individuals accused of committing an offense who have been committed to the Director of the Department of Mental Health for lack of mental fitness to proceed and for whom a court finds that there is no substantial probability that the accused will be mentally fit to proceed in the reasonably foreseeable future. Under this act, once the charges have been dismissed, the accused shall remain in the custody of the Department until the Department determines it is appropriate that the accused be placed in the community, including that the accused is not likely to be dangerous to others while living in the community. The Department shall ensure that a discharge plan is developed and provided to the accused's guardian. The Department shall arrange for follow-up monitoring for all persons discharged to the community under this provision who were charged with specified dangerous crimes and shall arrange for reviews and visits with the person at least monthly. If the person was charged with an offense other than one of the specified dangerous crimes, the discharge plan shall identify if follow-up monitoring is necessary. The Department shall identify the facilities, programs, or specialized services operated or funded by the Department that shall provide the necessary levels of care and treatment to the person in the geographical areas where he or she is released. Prior to discharge, the Department shall notify the prosecuting or circuit attorney of the jurisdiction where the accused was found to lack mental fitness to proceed. This act is similar to SB 838 (2020).
SARAH HASKINS