SB 755 - 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 guardian of the accused shall have access to the all risk assessments and patient files maintained by the Department for the accused. The Department shall ensure that a discharge plan is developed and provided to the accused's guardian in advance of discharge with information relating to treatment and services provided in the plan as specified in the act. 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 122 (2021) and SB 838 (2020).
SARAH HASKINS