Panel backs allowing outpatient competency restoration for some misdemeanor defendants

Senate Bill 528 would let courts order outpatient competency restoration, emergency custody, or dismissal for defendants charged with misdemeanors who are found incompetent — options currently reserved primarily for felony cases — with a delayed effective date to allow implementation.

Sponsor and counsel said the change gives judges additional tools to avoid unnecessary inpatient commitments that consume scarce state hospital beds and may not serve the defendant’s long-term needs. The Department of Behavioral Health and Developmental Services told the committee it did not take a position on the bill but had been the stakeholder that originally brought the concept to the sponsor.

Supporters argued outpatient restoration can provide appropriate care in community settings and prevent long pretrial detentions. The subcommittee adopted the substitute and reported the bill unanimously 10–0.