2012 House Bill 5938

Authorize deferral of prosecution for mental illness treatment

Introduced in the House

Sept. 20, 2012

Introduced by Rep. Stacy Erwin Oakes (D-95)

To authorize a court to offer to defer criminal prosecution for a defendant who wants, needs or has previously received treatment for mental illness, emotional disturbance, developmental disability, or mental retardation, if the defendant agrees to obtain specified treatment and then actually does so. In deciding whether to offer this option a court would have to consider the public interest, the seriousness of the crime, the likelihood the individual would benefit, and other factors. The bill also prohibits jailing such an individual as an alternative to mental health treatment.

Referred to the Committee on Judiciary