SB 616 - Currently, if an accused is found to lack mental fitness to proceed and there is no substantial probability that the accused will be fit to proceed in the reasonably foreseeable future, the court shall dismiss the charges without prejudice and the accused shall be discharged if proper proceedings for involuntary detention or declaration of incapacitation have been filed and the accused is approved for admission to a mental health or developmental disability facility with an appointed guardian. This act modifies these proceedings. Those who have been accused of committing a dangerous felony shall be either declared incapacitated or involuntarily detained and be approved for admission to an appropriate facility. They shall remain in the custody of the Department of Mental Health until the Department determines that they are appropriate for placement in the community and are not likely to be dangerous to others while living in the community. The Department shall allow the accused's guardian to be involved in the discharge planning, as described in the act. The Department shall arrange for follow-up monitoring for persons discharged to the community at least monthly, unless it is determined after 36 months that the frequency should be reduced, but not less than once per year. Discharge plans for persons under this provision shall include the facilities, programs, or services in the geographic areas where the persons are placed, as well as the location of their housing and degree of recommended supervision. Finally, at least 30 days prior to discharge to the community, the Department shall notify the prosecutor, who shall, if requested, provide notice to the accused's victim. Those who have been accused of committing a non-dangerous felony shall not be required to be declared incapacitated or involuntarily detained and approved for admission to an appropriate facility prior to the dismissal of charges, but shall remain in the custody of the Department as permanently incompetent until such time as the Department determines that the accused is appropriate for placement in the community and is not a danger to others in the community. The accused, and guardian if one is appointed, shall be allowed to be involved in the discharge planning, as described in the act. The Department shall arrange for follow-up monitoring for persons discharged to the community at least monthly, unless it is determined after 36 months that the frequency should be reduced, but not less than once per year. Discharge plans for persons under this provision shall include the facilities, programs, or services in the geographic areas where the persons are placed, as well as the location of their housing and degree of recommended supervision. Finally, at least 30 days prior to discharge to the community, the Department shall notify the prosecutor, who shall, if requested, provide notice to the accused's victim. SARAH HASKINS