Judges would have to place certain defendants who cannot stand trial in an institution while officials assess whether they may become able to stand trial.
Judges would have to place defendants unable to stand trial in an institution if a judge finds they need it after two expert evaluations. The same rule would cover charges requiring 85% of a sentence before parole.
A judge would have to place covered defendants in an appropriate institution through the state human services agency. This covers defendants found unable to stand trial whom a judge finds need an institution, or who face a charge that would require serving 85% of a sentence before parole if sentenced. For the route based on a need for institutional placement, the judge must consider evaluations by two qualified psychiatrists or licensed psychologists. If enacted, the rule would take effect immediately. Placement could last only long enough to determine whether the defendant is likely to become able to stand trial in the foreseeable future.
No hearings or votes scheduled.