SB 1187: Competence to stand trial.

Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendants mental competency is evaluated and by which the defendant receives treatment with the goal of returning the defendant to competency. Existing law allows a mentally incompetent defendant to be committed to the State Department of State Hospitals or other public or private treatment facility for a period of 3 years when a felony was committed or to a period of commitment equal to the maximum term of imprisonment provided by law for the most serious offense charged, whichever is shorter, and requires the defendant to be returned to the committing court after his or her maximum period of commitment.

This bill would reduce the term for commitment to a treatment facility when a felony was committed to the shorter of 2 years or the period of commitment equal to the maximum term of imprisonment provided by law for the most serious offense charged.

Existing law provides for the commitment or placement on outpatient status of a person who is suspected of having, or who is determined to have, a developmental disability and who is found to be mentally incompetent to stand trial. Existing law requires, for defendants who are placed on outpatient status, that the outpatient supervisor provide reports at specified intervals to the committing court and the regional center director.

This bill would require the court, if the defendant is suspected of having a developmental disability, to appoint the director of the applicable regional center or the directors designee to examine the person to determine whether he or she has a developmental disability and is therefore eligible for regional center services and supports. The bill would also require the regional center director to provide the required periodic reports to the committing court for defendants who are placed on outpatient status.

Existing law requires, within 90 days of commitment or placement on outpatient status and every 6 months thereafter, that a specified person makes a written report to the court and the community program director concerning the defendants progress toward recovery of mental competence. Existing law also requires that a defendant who has been committed or who is on outpatient status for 18 months and remains hospitalized or on outpatient status to be returned to the committing court where a hearing is to be held to determine mental competency.

This bill would delete the requirement to hold that hearing.

Existing law provides that a prisoner, who, for specified reasons, is confined in or committed to a county jail, industrial farm, or road camp, or a city jail, industrial farm, or road camp, shall, for each 4-day period of custody, have 2 days deducted from the prisoners period of confinement, except as specified.

This bill would apply those provisions to a person who is committed to a facility pending the return of mental competence, as specified.