DE HB344 | 2013-2014 | 147th General Assembly
Status
Spectrum: Partisan Bill (Democrat 5-0)
Status: Enrolled on June 26 2014 - 75% progression, died in chamber
Action: 2014-06-26 - Passed by Senate. Votes: Passed 17 YES 3 NO 1 NOT VOTING 0 ABSENT 0 VACANT
Text: Latest bill text (Draft #1) [HTML]
Status: Enrolled on June 26 2014 - 75% progression, died in chamber
Action: 2014-06-26 - Passed by Senate. Votes: Passed 17 YES 3 NO 1 NOT VOTING 0 ABSENT 0 VACANT
Text: Latest bill text (Draft #1) [HTML]
Summary
The 146th General Assembly established a study group pursuant to House Joint Resoultion No. 17 to examine and recommend changes to the State’s civil mental health laws. During the course of the Study Group’s work, it determined that while outside the specific mandate of HJR 17, it was necessary to also look at the intersection of criminal law and mental health because there is no bright line separating treatment for mental health conditions depending on whether the commitment comes from a civil or criminal action. This bill represents the Study Group’s recommendations for updating antiquated language and addressing due process concerns. With regard to those committed pursuant to a verdict of not guilty by reason of insanity, this bill will allow the patient or the Delaware Psychiatric Center (DPC) to petition for discharge at any time, eliminating the 1 year minimum requirement. It also streamlines the provisions for filing a petition since it is currently not clear whether they only apply to outpatient treatment request petitions or also to petitions for discharge. It allows a patient who has been discharged from DPC and who has been subject to Superior Court oversight for 2 years to petition to discontinue oversight. For those found incompetent to stand trial (11 Del. C. 404) a new provision is inserted governing the specifics of competency evaluations. It mirrors the juvenile competency restoration recently added at 10 Del. C. 1007A. The bill mandates that a competency evaluation be held before a person is confined to DPC to determine whether the person meets civil commitment criteria before admission. Finally, the changes will allow a termination of competency restoration efforts after 2 years if, upon motion by DPC, the Court determines that competency restoration is not likely to succeed.
Title
An Act To Amend Titles 11 And 16 Of The Delaware Code Relating To Crimes, Mental Health, And Criminal And Civil Procedure.
Sponsors
| Rep. Michael Barbieri [D] | Rep. Debra Heffernan [D] | Sen. Bethany Hall-Long [D] | Rep. Earl Jaques [D] |
| Sen. David Sokola [D] |
Roll Calls
2014-06-26 - Senate - Senate Third Reading (Y: 17 N: 3 NV: 1 Abs: 0) [PASS]
2014-06-19 - House - House Third Reading (Y: 41 N: 0 NV: 0 Abs: 0) [PASS]
2014-06-19 - House - House Third Reading (Y: 41 N: 0 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2014-06-26 | Senate | Passed by Senate. Votes: Passed 17 YES 3 NO 1 NOT VOTING 0 ABSENT 0 VACANT |
| 2014-06-26 | Senate | Amendment SA 1 - Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT |
| 2014-06-26 | Senate | Amendment SA 1 - Introduced in Senate |
| 2014-06-26 | Senate | Reported Out of Committee (JUDICIARY) in Senate with 2 Favorable, 3 On Its Merits |
| 2014-06-19 | Senate | Assigned to Judiciary Committee in Senate |
| 2014-06-19 | House | Passed by House of Representatives. Votes: Passed 41 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT |
| 2014-06-19 | House | Amendment HA 1 - Passed in House by Voice Vote |
| 2014-06-17 | House | Amendment HA 1 - Introduced in House |
| 2014-06-04 | House | Reported Out of Committee (HEALTH & HUMAN DEVELOPMENT) in House with 1 Favorable, 6 On Its Merits |
| 2014-05-15 | House | Introduced and Assigned to Health & Human Development Committee in House |
