Criminal procedure: competence to stand trial.
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Majority
Fiscal committee
No
Appropriation
No
Current location
Passed
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Overview
This bill aims to improve the process of determining a defendant’s competency to stand trial in California. It allows county behavioral health agencies and jail medical providers to share confidential medical records with the court to assess a defendant’s suitability for mental health services and programs, such as assisted outpatient treatment and county conservatorship. The bill also clarifies procedures for referrals to these programs and addresses situations where a defendant may be ineligible or unsuitable for diversion, while also allowing for a referral for county conservatorship based on a court’s assessment of grave disability.
Key provisions
- Allows county behavioral health agencies and jail medical providers to share confidential medical records with the court to assess eligibility for mental health services.
- Authorizes referrals for assisted outpatient treatment and county conservatorship based on a court’s assessment of grave disability.
- Clarifies the criteria for determining eligibility for diversion programs.
- Expands the circumstances under which a referral for county conservatorship can be made.
- Addresses the dismissal of charges when a defendant is accepted into assisted outpatient treatment or the CARE program.
- Provides a mechanism for restoring competency proceedings if a defendant is initially found incompetent.
- Allows for a referral to the CARE Act court for eligibility determination.
- Exempts certain time periods from charge dismissal requirements.
Who is affected
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Sponsors
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1 on record
Primary sponsor
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