Relating to the maximum cumulative period allowed for restoration of a defendant's competency to stand trial and to certain time credits awarded against that cumulative period.
Impact
The legislation primarily impacts Article 46B of the Texas Code of Criminal Procedure, which governs the restoration of competency to stand trial. According to the bill, any good conduct time granted to defendants during their confinement can count towards the maximum time required for competency restoration. This change aims to streamline the process, providing a more structured approach to beneficiary credits, potentially reducing the time defendants may spend waiting for their competency to be restored, which can alleviate congestion in felony courts.
Summary
House Bill 759 aims to amend Texas's legal framework regarding the period allowed for restoring a defendant's competency to stand trial. The bill introduces provisions about credits that can be awarded against the maximum cumulative period for competency restoration, specifically integrating good conduct time awarded during confinement. By doing so, the bill seeks to create a more equitable process for defendants undergoing competency restoration, ensuring that their time spent exhibiting good behavior is reflected in the legal timeline for their cases.
Conclusion
Overall, HB 759 aims to balance justice and rehabilitation for defendants by recognizing good behavior during confinement. If enacted, this bill would provide a structured method for managing competency restoration cases, while also presenting an opportunity for ongoing discussions about mental health resources within the Texas judicial system.
Contention
Some points of contention regarding HB 759 may arise from concerns about the implications of awarding additional time credits for good behavior. Opponents might argue that the change could lead to discrepancies in case handling, especially for particularly serious misdemeanors. There may also be debates concerning the interpretation of good conduct and its consistency across different cases, which could lead to unequal applications of the law.
Identical
Relating to the maximum cumulative period allowed for restoration of a defendant's competency to stand trial and to certain time credits awarded against that cumulative period.
Relating to the period for transporting a criminal defendant who is found incompetent to stand trial to a facility for competency restoration services and to the compensation to the county for the costs of confinement occurring after that period.
Relating to procedures regarding defendants who may lack the capacity to understand or participate in criminal proceedings or who have participated in certain competency restoration programs.
Relating to procedures regarding the court-ordered administration of psychoactive medication for criminal defendants who are found incompetent to stand trial.
Relating to procedures in a criminal case after a defendant is found competent to stand trial and to consequences arising from certain violations of those procedures.
Relating to the confinement in a county jail of certain defendants who are incompetent to stand trial and to the compensation to the county for the costs of that confinement.