SB 1095: Criminal proceedings: mentally incompetent offenders.

Existing law prohibits a person from having his or her probation, mandatory supervision, postrelease community supervision, or parole revoked while that person is mentally incompetent. A defendant is mentally incompetent for these purposes if, as a result of mental disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner. If a defendant is found mentally incompetent during postrelease community supervision or parole revocation hearings, existing law requires the court to dismiss the pending revocation matter and return the defendant to supervision, and authorizes the court take other action, including referring the matter to the public guardian of the county of commitment to initiate conservatorship proceedings only if there are no other reasonable alternatives to meet the defendants mental health needs, as specified.

This bill would delete the authority of the court to dismiss the pending revocation matter and would delete the above-described restriction on the courts authority to order the matter to the public guardian. The bill would establish a process for delivering a defendant who is found mentally incompetent to a public or private treatment facility for up to 180 days or until the parolees date of discharge, whichever comes first, for the purpose of restoring the defendants competency, including procedures for involuntarily administering antipsychotic medication. provide a court with discretion when a defendant is found mentally incompetent during a postrelease community supervision or parole revocation hearing to either dismiss the pending revocation matter, as specified, or, if the court determines that there is a reasonable likelihood that the defendant may be restored to competency and returned to court to face the revocation proceedings, order the county sheriff to deliver the defendant to either a State Department of State Hospitals facility, as specified, or a public or private treatment facility, as specified, for treatment to restore the defendant to mental competency. The bill would require the defendant be returned to court to resume the revocation proceedings if the defendant is restored to competency within 180 days of arrest or before the defendants date of discharge, whichever is earlier. The bill would alternatively require the court to dismiss the pending revocation matter and return the defendant to supervision, as specified, if the defendant is not restored to competency within 180 days of arrest or before the defendants date of discharge, whichever comes first.

By increasing the duties of local officials, including the county mental health director and county public guardian, the 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.