The committee thinks it should be 60 - 90 days. The potential legislative change regards competency to be executed and the process for the determination of incompetency and restoration to competency. Jim Bush commented on the problem presented by the A.M.A.'s code of ethics, which prevents restoration for the purpose of execution. Another issue is the execution of juveniles. Tom LeClair stated that this issue did not generate much debate.
Mental retardation is another issue being investigated.
A corollary issue surrounds the level of retardation. They are considering whether that notice should be given at the pre-trial stage rather than after conviction, as it is now. The Subcommittee stated that they needed another sixty days to complete their task. He is concerned with the sensitivity to victim's rights and believes the subcommittee should make this part of its study. The rule may need 'tinkering' and the subcommittee may make suggestions.