I need some feedback from those who regularly deal with 46B (I had missed this earlier):

1. Scenario: Def is found incompetent, not restored and committed under 46B.102.
2. Prior to 9/1/2011, time credits would ordinarily not apply to 102 commitments, the charge remained pending.
3. Subsequent to 9/1/2011, the time credit provisions of 46B.009 and 46B.0095 appear to apply to "any proceeding under Chapter 46B...on or after the effective date of the act..."
4. Scenario redux: Def is up for an annual renewal - a proceeding under 46B.
5. It appears that now, the time credit provisions will apply -- and while this not a problem in felony cases, it would mean that misdemeanor cases where the def is seriously mentally ill and has been in a state facility for well more than one year, would need to be transferred to the civils -- which may result, unfortunately, in release.

Any thoughts?