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SB 741

Authorizing State Auditor to conduct fairness hearings

2025 Regular Session Introduced by Mike Azinger and 2 co-sponsors

Creates a dedicated Forensic Mental Health Treatment Fund to expand licensed psychiatric beds in Maryland, funded by fines and penalties, with oversight and IST data review.

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Bill Summary · SB 741

SB 741 — Forensic Mental Health Treatment (summary)

Status: Hearing scheduled March 4, 2025, 1:00 p.m. (Finance). Introduced: Jan 27–Feb 21, 2025 (various references). Sponsor(s): Senators Lam and Augustine (MD). Classification: Bill.

Main purpose

SB 741 strengthens Maryland’s forensic mental health infrastructure by (1) requiring additional oversight before psychiatric bed reductions, (2) creating a multi‑stakeholder workgroup to collect and review data from incompetency‑to‑stand‑trial (IST) proceedings, and (3) establishing a dedicated Forensic Mental Health Treatment Fund to support increasing licensed psychiatric bed capacity.

Key provisions

  • Certificate of Need (CON)
    • A CON is required whenever a health care facility reduces psychiatric bed capacity by five or more beds. (Amends Health – General §19‑120(h).)
  • Forensic Mental Health Treatment Fund
    • Establishes a special, nonlapsing fund administered by the Maryland Department of Health (MDH).
    • Courts must remit fines or monetary penalties imposed on MDH for failing to admit an IST defendant (when the fine is not intended to reimburse a detention facility) into the Fund.
    • Fund sources: specified fines/penalties, legislative appropriations, interest, and other accepted monies. Expenditures limited to increasing licensed psychiatric beds and subject to the State budget; MDH to adopt distribution regulations.
  • Workgroup on Forensic Mental Health Treatment
    • Membership includes MDH Secretary, Chief Justice (or designees), one circuit court judge, representatives from Public Defender’s Mental Health Division, Maryland Health Care Commission, State’s Attorneys’ Association, On Our Own of Maryland, Disability Rights Maryland.
    • MDH provides staff support. Members are unpaid but reimbursed for expenses.
    • Duties: develop a standardized incompetency‑to‑stand‑trial data form, collect and review data, and issue an annual report with findings and funding recommendations about bed needs and outpatient competency restoration.
  • Incompetency‑to‑Stand‑Trial (IST) form and reporting
    • By Oct 1, 2026, MDH and the Chief Justice (with the workgroup) must create a data collection form for judges in IST proceedings.
    • Form items include judge, evaluator, charges, evaluator opinions on competency/dangerousness, parties’ positions, court decision and disposition, and whether the defendant was committed to MDH‑designated facility or released.
    • Courts will complete and submit the form to MDH after IST proceedings. MDH and the workgroup must protect identifying information.
    • Workgroup must report to Governor and General Assembly by Jan 1, 2027, and annually thereafter.
  • Enforcement timing
    • If a court imposes a fine on MDH for failing to admit a committed defendant, the statute requires remittance of non‑reimbursement fines to the new Fund.

Who is affected

  • Hospitals and health care facilities (especially psychiatric units) — new CON threshold for bed reductions.
  • Maryland Department of Health — staffing and fund administration; regulatory responsibilities.
  • Judiciary — use of standardized IST form; programming to transmit forms.
  • Defendants found IST, detention facilities, public defenders, State’s Attorneys, advocacy organizations, and entities seeking to close or reduce psychiatric bed capacity.

Fiscal and procedural highlights

  • Estimated state general fund cost: ~$102,500 in FY 2026 (MDH staffing $86,100; Judiciary one‑time programming $16,400). Annual increases projected in subsequent years (document lists FY27–FY30 increases).
  • MDH special fund revenues increase by an indeterminate amount from fines/penalties deposited into the new Fund.
  • Workgroup must meet at least annually; MDH to protect sensitive data.
  • Implementation milestones: IST form due Oct 1, 2026; first annual report due Jan 1, 2027.

Potential impact

  • Preserves psychiatric bed capacity by triggering CON review for reductions of five or more beds.
  • Creates a new, dedicated funding mechanism aimed at expanding licensed psychiatric beds.
  • Improves data collection about IST cases to inform policy and resource allocation for inpatient and outpatient competency restoration services.
  • Modest near‑term administrative costs for MDH and the Judiciary; longer‑term fiscal effects depend on fines remitted to the new Fund and any legislative appropriations.

Compiled from official sources — confirm details with the bill’s official record.

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