View Amendment Current Amendment: JUD0431.015.DOCX to Bill 431     Senator HEMBREE proposed the following amendment (JUD0431.015):
    Amend the committee report, as and if amended, page [431-1] by striking lines 32-39 and inserting:
    /         (B)(1)     Prior to setting bail, a magistrate or a municipal judge may order a defendant charged with a violation of subsection (A) to undergo a mental health evaluation performed by the local mental health department. The purpose of this evaluation is to determine if the defendant needs mental health treatment or counseling as a condition of bond. The evaluation must be scheduled within ten days of the order's issuance. Once the evaluation is completed, the examiner must, within forty-eight hours, issue a report to the local solicitor's office, summary court judge, or other law enforcement agency. Upon receipt of the report, the solicitor, summary court judge, or other law enforcement agency must arrange for a bond hearing before a circuit court judge or summary court judge.
        (2)     Before sentencing a person convicted of a violation of subsection (A), the court may require the person to undergo a mental health evaluation. If the court determines from the results of the evaluation that the person needs mental health treatment or counseling, the court shall require him to undergo mental health treatment or counseling by a court-approved mental health professional, mental health facility, or facility operated by the State Department of Mental Health as a part of his sentence.         /
    Renumber sections to conform.
    Amend title to conform.