STATEHOUSE (April 16, 2024) – Gov. Eric Holcomb recently signed legislation authored by State Rep. Wendy McNamara (R-Evansville) into law that will streamline the competency evaluation process and reduce time spent in jail for those who lack the ability to stand trial.
A defendant must be considered competent, or able to understand court proceedings, before a trial begins. Currently, determining a defendant's competence to stand trial often requires multiple mental health examinations, and McNamara said defendants wait up to a year on average for the competency process and sentencing to be completed. To reduce wait times and court case backlogs, the new law will allow for Level 6 felonies, which are the lowest, to have only one competency evaluation instead of two and maintain two to three evaluations for Level 1 through Level 5 felonies.
"Waiting almost a year in jail for a competency hearing is simply inhumane and delays justice. We had to take action to fix this issue and all sides, from law enforcement to prosecutors and public defenders, agreed," said McNamara, chair of the House Committee on Courts and Criminal Code. "This new law will help courts expedite the competency process so that the victim and the accused are provided a speedy trial."
Currently, many defendants are waiting in jail due to the state's shortage of psychiatrists and psychologists, which are the only approved professionals that can complete competency evaluations. McNamara said the new law could help expedite the process by allowing Advanced Practice Registered Nurses with a certification in psychiatric nursing, and physicians assistants specializing in psychiatry and mental health to perform the evaluations.
The law will 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 charges 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.
For more information on House Enrolled Act 1238, visit iga.in.gov.
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State Rep. Wendy McNamara (R-Evansville) represents House District 76,
which includes all of Posey County and a portion of Vanderburgh County.
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