AB 2692: Criminal procedure: diversion.

Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law, in the case of a defendant charged with a felony, requires that, upon a finding of mental incompetence, the proceedings be suspended until the defendant regains competence. Existing law establishes the process by which, if the mental competency of a defendant is in doubt, the defendants mental competency is evaluated and the defendant receives treatment with the goal of returning the defendant to competency. Existing law prescribes a program of pretrial diversion for defendants with a diagnosed mental disorder whose disorder was a significant factor in the commission of their offense. Under existing law, persons charged with certain offenses, including murder, rape, sexual abuse of a child, and possession of a weapon of mass destruction, are ineligible for diversion.

This bill would specify that the diversion period for an incompetent defendant shall not exceed 2 years and that the total time spent waiting to enter treatment in combination with the period of diversion shall not exceed either 30 months or the maximum term of imprisonment provided by law for the most serious offense charged, whichever is shorter. authorize the court to extend the duration of diversion for a period not to exceed 4 months based on the recommendation of the defendants mental health treatment provider in order to continue the defendants progress in treatment.