Criminal procedure: competence to stand trial.

Plain English Breakdown

The bill summary and digest do not provide specific details on the consequences of a referral back to court or how it affects felony offenses, leaving these points uncertain.

Rules for People Who Can't Understand Court Trials

This law allows county health agencies and jail doctors to share medical records with courts to help decide if someone can get mental health treatment or programs, and changes rules so that a judge can also determine if someone needs conservatorship.

What This Bill Does

• Allows county behavioral health agencies and jail medical providers to share confidential medical records and other relevant information with the court for determining eligibility for behavioral health services and programs.
• Changes existing law to allow a referral for county conservatorship based on the opinion of the court, not just a qualified mental health expert.

Who It Names or Affects

• People who cannot understand their court trials due to mental health issues
• Courts and judges handling these cases
• County behavioral health agencies and jail medical providers

Terms To Know

Conservatorship

A legal arrangement where someone is appointed to make decisions for a person who cannot take care of themselves.

Gravely disabled

When someone's mental condition makes them unable to provide basic needs like food, shelter, or medical care.

Limits and Unknowns

• The bill does not specify what happens if charges are not dismissed after a referral back to court.
• It is unclear how this will affect people charged with certain felony offenses.

Official Summary Text

SB 1401, as introduced, Stern.
Criminal procedure: competence to stand trial.
Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law requires the court to, for a person found mentally incompetent and not charged with certain felony offenses, among other things, determine whether restoring the person to mental competence is in the interests of justice. Existing law requires the court to, if restoring the person to mental competence is not in the interests of justice, conduct a hearing, as specified, and determine the person’s eligibility for diversion. Under existing law, if the court determines that the person is ineligible or unsuitable for diversion, the court is authorized to hold a hearing to determine the person’s other options, including referral to assisted outpatient treatment, county conservatorship, and the CARE program. Existing law requires a person’s charges to be dismissed if
the person is accepted into assisted outpatient treatment or the CARE program or upon a filing of either a temporary or permanent conservatorship petition.
This bill would authorize a county behavioral health agency and jail medical provider to share confidential medical records and other relevant information with the court for the purpose of determining likelihood of eligibility for behavioral health services and programs pursuant to the above provisions. The bill would exempt from the requirement to dismiss charges instances where the person’s case has been referred back to the court within certain time periods.
Existing law, in the case of a misdemeanor charge in which the defendant is found incompetent, requires the court to hold a hearing to determine whether the defendant is eligible for both diversion and the CARE program. Under existing law, if the defendant is not eligible or suitable for diversion, the court is
required to hold another hearing to decide if the defendant should be referred for, among other things, county conservatorship. Existing law only allows a referral for county conservatorship if, based on the opinion of a qualified mental health expert, the defendant appears to be gravely disabled, as defined.
This bill would also allow a referral for county conservatorship if, in the opinion of the court, the defendant appears to be gravely disabled.

Current Bill Text

Download Bill PDF