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Legislative Year: 2022 Change

Bill Detail: HB22-1061

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Title Modifications To Not Guilty By Reason Of Insanity
Status Governor Signed (06/08/2022)
Bill Subjects
  • Crimes, Corrections, & Enforcement
House Sponsors A. Benavidez (D)
J. Amabile (D)
Senate Sponsors J. Gonzales (D)
House Committee Judiciary
Senate Committee Appropriations
Date Introduced 01/14/2022

Legislative Oversight Committee Concerning the Treatment
of Persons with Mental Health Disorders in the Criminal and
Juvenile Justice Systems.
The bill requires the court to order an
evaluation of a defendant found not guilty by reason of insanity to
determine whether the defendant meets the criteria for inpatient
hospitalization or if the defendant is eligible for conditional release in the

No later than 10 days after receiving the evaluation, the court shall
hold a hearing to determine whether to order inpatient hospitalization or
to authorize release of the defendant for community placement or
conditional release on the grounds that the defendant does not have an
abnormal mental condition that is likely to cause the defendant to be
dangerous to the defendant's self, others, or the community in the
reasonably foreseeable future; is capable of distinguishing right from
wrong; and the defendant has substantial capacity to conform the
defendant's conduct to the requirement of law.
The bill prohibits a defendant found not guilty by reason of
insanity from remaining confined in inpatient hospitalization for a period
in excess of the maximum term of confinement that could be imposed for
only the single most serious offense with which the defendant is found
not guilty by reason of insanity, less 30% for a misdemeanor offense and
less 50% for a felony offense. This prohibition does not apply to
defendants found not guilty by reason of insanity for a class 1 or class 2
Upon conclusion of the maximum period of confinement, the court
may stay the termination for 21 days to identify whether the defendant
meets the requirements for certification or the provision of services.
Beginning January 1, 2024, if, after hearing all relevant evidence, the
court finds the requirements for certification have been established by
clear and convincing evidence, the court shall make an order of
commitment to the office of behavioral health in the department of human
services. The office of behavioral health has the right to delegate physical
custody of the defendant to an appropriate, approved treatment facility on
an outpatient or inpatient basis.
Current law requires the court to order a release examination of the
defendant when a current examination has not already been furnished or
when either the prosecution or defense moves for an examination of the
defendant at a different institution or by different experts. The bill
specifies what information the release examination must include.
The bill requires the medical professional treating the defendant
to develop a report certifying whether the defendant continues to meet the
criteria for ongoing inpatient hospitalization. The chief executive officer
of the facility in which the defendant is confined shall submit the report
to the court on an annual basis.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (05/06/2022) (most recent)  
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