Amended
IN
Assembly
May 30, 2024 |
Amended
IN
Assembly
June 21, 2023 |
Amended
IN
Senate
May 18, 2023 |
Amended
IN
Senate
March 30, 2023 |
Introduced by Senator Roth |
February 08, 2023 |
This bill would provide that, if a question is raised by the court as to a defendant’s mental competence, the question of the defendant’s mental competence shall be presumed to apply to all felony cases pending against the defendant in that county, and that court shall retain jurisdiction over all such cases for
the purpose of resolving the question of mental competence.
(a)If, during the pendency of an action and prior to judgment, or during revocation proceedings for a violation of probation, mandatory supervision, postrelease community supervision, or parole, a doubt arises in the mind of the judge as to the mental competence of the defendant, the judge shall state that doubt in the record and inquire of the attorney for the defendant whether, in the opinion of the attorney, the defendant is mentally competent. If the defendant is not represented by counsel, the court shall appoint counsel. At the request of the defendant or their counsel or upon its own motion, the court shall recess the proceedings for as long as may be reasonably necessary to permit counsel to confer with the defendant and to form an opinion as
to the mental competence of the defendant at that point in time.
(b)If counsel informs the court that they believe the defendant is or may be mentally incompetent, the court shall order that the question of the defendant’s mental competence is to be determined in a hearing which is held pursuant to Sections 1368.1 and 1369. If counsel informs the court that they believe the defendant is mentally competent, the court may nevertheless order a hearing. Any hearing shall be held in the superior court.
(c)Except as provided in Section 1368.1, when an order for a hearing into the present mental competence of the defendant has been issued, all proceedings in the criminal prosecution shall be suspended until the question of the present mental competence of the defendant has been
determined.
If a jury has been impaneled and sworn to try the defendant, the jury shall be discharged only if it appears to the court that undue hardship to the jurors would result if the jury is retained on call.
If the defendant is declared mentally incompetent, the jury shall be discharged.
(d)If the court states a doubt as to the defendant’s mental competence in any felony criminal action or revocation proceeding, that doubt shall be presumed to exist in all felony cases pending against the defendant within that county, regardless of the date of filing, until the question of the defendant’s competence is resolved according to the provisions set forth in this chapter. This presumption is rebuttable by a preponderance of the evidence.
(e)The court described in subdivision (d) shall, for the purpose of determining competence, retain jurisdiction of all cases pending against the defendant within that county, after a doubt has been stated as to the mental competence of the defendant.
(f)Subdivisions (d) and (e) shall not change the original commitment date or restoration period for a defendant found incompetent in a felony matter and ordered to be committed to a State Department of State Hospitals facility or other treatment facility pursuant to Section 1370. The existence of a doubt in any subsequent cases pursuant to subdivisions (d) and (e) shall not alter the commitment date or extend the restoration period. The commitment date and restoration period of the
original felony shall be deemed controlling. The court shall notify the State Department of State Hospitals or other treatment facility through which a defendant is receiving restoration services of any case for which the court retains jurisdiction after the initial incompetence finding in the felony matter.