Senate Bills 0246 and 0247

Senate Bills 0246 and 0247 amend the Juvenile Code and the Mental Health Code, respectively, to do the following regarding juveniles subject to a delinquency petition:

– Establish a presumption of competence to proceed for a juvenile who was 10 years of age or older, and a presumption of incompetence for a juvenile who was under 10.

– Allow a court to order, or a party to request, a competency evaluation to determine whether a juvenile was incompetent to proceed if he or she were charged as a juvenile in court.

– Establish standards for conducting a competency evaluation of a juvenile, including a requirement that an evaluation be conducted by a qualified forensic mental health examiner.

Approved by governor June 25th; assigned PA 0247’12 with immediate effect. Link to Bill Page

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