by Wendy McNamara
STATEHOUSE (Feb. 6, 2024) – The Indiana House of Representatives unanimously approved State Rep. Wendy McNamara’s (R-Evansville) legislation aimed at alleviating legal backlogs when it comes to determining a defendant’s competency to stand trial.
“The process of determining an individual’s competency to stand trial is among the top concerns of Indiana’s criminal justice system,” McNamara said. “Often, defendants facing misdemeanors and level 6 felonies spend more time waiting to be deemed ready to face court than they would in jail after sentencing, which not only hurts their chances of rehabilitation, but also bogs down our state’s judicial resources. The goal of my legislation is to speed up the process for the victim and the accused.”
A defendant must be considered competent, or able to understand court proceedings, before a trial begins. Determining a defendant’s competence to stand trial may require multiple mental health examinations, which may be requested by either the defense or the prosecution. According to data collected by the Indiana Supreme Court, for 1,629 competency cases heard in the state between 2018 and 2022, the average time between when a defendant is charged and when a competency hearing is scheduled is 348 days.
“The length of time these defendants, especially those charged with low-level offenses, spend in jail waiting for a hearing is dictated by the availability of qualified mental health professionals,” McNamara said. “This bill will update the competency process and alleviate the burden on our criminal justice system.”
McNamara, chair of the House Committee on Courts and Criminal Code, said House Bill 1238 would streamline the mental health exam requirements to help expedite justice. For Level 6 felonies, which are the lowest, only one competency evaluation would be required instead of two. However, the bill would maintain two to three evaluations for level 1 through level 5 felonies, which are more serious.
Currently, the list of professionals who can determine an individual’s competency are limited to psychiatrists, physicians and psychologists – all professions experiencing workforce shortages. To help, McNamara said her bill would expand the list to include Advanced Practice Registered Nurses with a certification in psychiatric nursing or physician assistants specializing in psychiatry and mental health.
McNamara’s legislation would also allow a court to dismiss criminal charges against an individual if it is determined they would not regain competency, including after six months of mental health treatment. A judge would be allowed to dismiss if the defendant has certain diagnoses impacting their ability to assist with or understand court proceedings, such as Alzheimer’s, dementia, a traumatic brain injury or developmental disability.
The Indiana Prosecuting Attorneys Council, the Indiana Public Defender Council, the Indiana Sheriffs’ Association and the Coalition of Advanced Practice Registered Nurses support the legislation.
