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S.B. 807
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VETOES
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COMPETENT TO STAND TRIAL OR NOT DANGEROUS, AS A RESULT OF MENTAL
RETARDATION OR A MENTAL DISORDER, TO SELF OR THE PERSON OR PROPERTY OF
OTHERS, IF:
(I) A REPORT REQUIRED UNDER THIS TITLE STATES AN OPINION
THAT THE DEFENDANT IS COMPETENT TO STAND TRIAL OR IS NOT DANGEROUS, AS A
RESULT OF MENTAL RETARDATION OR A MENTAL DISORDER, TO SELF OR THE
PERSON OR PROPERTY OF OTHERS; AND
(II) A PLAN IS SERVICES ARE NECESSARY TO MAINTAIN THE
DEFENDANT SAFELY IN THE COMMUNITY, TO MAINTAIN COMPETENCY, OR TO
RESTORE COMPETENCY.
(3) IF APPROPRIATE, THE PLAN REQUIRED IN THE REPORT UNDER
PARAGRAPH (2) OF THIS SUBSECTION SHALL INCLUDE RECOMMENDED:
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(I) MENTAL HEALTH TREATMENT, INCLUDING PROVIDERS OF
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CARE;
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(II) VOCATIONAL, REHABILITATIVE, OR SUPPORT SERVICES;
(III) HOUSING;
(IV) CASE MANAGEMENT SERVICES;
(V) ALCOHOL OR SUBSTANCE ABUSE TREATMENT; AND
(VI) OTHER CLINICAL SERVICES.
(4) IF THE REPORT REQUIRED UNDER PARAGRAPH (2) OF THIS
SUBSECTION RECOMMENDS COMMUNITY PLACEMENT FOR THE DEFENDANT, THE
REPORT SHALL INCLUDE:
(I) THE LOCATION OF THE RECOMMENDED COMMUNITY
PLACEMENT;
(II) THE NAMES AND ADDRESSES OF THE RECOMMENDED SERVICE
PROVIDERS;
(III) A STATEMENT INDICATING IF THE SERVICE PROVIDER IS
WILLING AND ABLE TO SERVE THE DEFENDANT; AND
(IV) IF AVAILABLE, THE DATE OF PLACEMENT OR SERVICE FOR THE
DEFENDANT.
(5) IF THE PLAN REQUIRED IN THE REPORT UNDER PARAGRAPH (2) OF
THIS SUBSECTION IS FOR A DEFENDANT COMMITTED TO A STATE RESIDENTIAL
FACILITY CENTER, THE REPORT SHALL STATE WHETHER:
(I) THE DEFENDANT MEETS THE REQUIREMENTS FOR
COMMITMENT UNDER § 3-106(D) OF THIS TITLE;
(II) THE SERVICES REQUIRED FOR THE DEFENDANT MAY BE
PROVIDED IN A LESS RESTRICTIVE SETTING; AND
- 3350 -
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