Bills

AB 935: Juvenile proceedings: competency.

  • Session Year: 2017-2018
  • House: Assembly
Version:

Existing law authorizes, during the pendency of any juvenile proceeding, the minors counsel or the court to express a doubt as to the minors competency. Existing law requires proceedings to be suspended if the court finds substantial evidence raises a doubt as to the minors competency. Upon suspension of proceedings, existing law requires the court to order that the question of the minors competence be determined at a hearing. Existing law requires the court to appoint an expert, as specified, to evaluate whether the minor suffers from a mental disorder, developmental disability, developmental immaturity, or other condition and, if so, whether the condition or conditions impair the minors competency.

This bill would revise and recast these provisions to, among other things, expand upon the duties imposed upon the expert during his or her evaluation of a minor whose competency is in doubt, as specified. The bill would authorize the district attorney or minors counsel to retain or seek the appointment of additional qualified experts with regard to determining competency, as specified. The bill would require the Judicial Council to adopt a rule of court relating to the qualifications of those experts, as specified. The bill would require the minors competency to be determined at an evidentiary hearing, except as specified, and establish a presumption of competency, unless it is proven by a preponderance of the evidence that he or she is incompetent. If the minor is found incompetent and the petition contains only misdemeanor offenses, the bill would require the petition to be dismissed. The bill would require the court, upon a finding of incompetency, to refer the minor to services designed to help the minor attain competency. If the court finds that the minor will not achieve competency within 6 months, the bill would require the court to dismiss the petition. The bill would authorize the court to invite specified persons and agencies to discuss any services that may be available to the minor after the courts jurisdiction is terminated, and would require the court to make certain referrals for the minor. The bill would require, among others, the presiding judge of a juvenile court, the probation department, and the county mental health department to develop a written protocol describing the competency process and a program to ensure that minors who are found incompetent receive appropriate remediation services. The bill would prohibit secure confinement from extending beyond 6 months from the finding of incompetence, however, under specified conditions, the bill would authorize the court to order secure confinement for an additional 6 months, not exceeding one year. The bill would prohibit the total remediation period from exceeding one year from the finding of incompetence. By imposing additional duties on local officials, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Discussed in Hearing

Assembly Floor1MIN
Sep 13, 2017

Assembly Floor

Senate Floor2MIN
Sep 12, 2017

Senate Floor

Senate Standing Committee on Appropriations1H
Sep 1, 2017

Senate Standing Committee on Appropriations

Senate Standing Committee on Public Safety15MIN
Jul 11, 2017

Senate Standing Committee on Public Safety

Assembly Floor1MIN
May 31, 2017

Assembly Floor

Assembly Standing Committee on Appropriations1H
May 26, 2017

Assembly Standing Committee on Appropriations

Assembly Standing Committee on Public Safety4MIN
Apr 25, 2017

Assembly Standing Committee on Public Safety

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