AB 1822: Criminal defendant: mental competency to stand trial.

Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Under existing law, a defendant is mentally incompetent if, as a result of mental disorder or developmental disability, they are 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 person is incompetent as a result of a mental health disorder and charged with a misdemeanor or misdemeanors only, existing law authorizes a court to conduct a hearing to determine if the person is eligible for diversion, as specified, or dismiss the charges against the person. If the person is charged with a felony or alleged to have violated the terms of probation for a felony or mandatory supervision, the court must instead order the person be delivered to a mental health treatment facility, as specified, or make a finding that the person is eligible for diversion, as specified. Existing law, the Sex Offender Registration Act, requires a person convicted of certain crimes to register with law enforcement as a sex offender while residing in California or while attending school or working in California, as specified.

This bill would make the incompetence provisions for a person who is mentally incompetent and charged with a misdemeanor that requires registration as a sex offender the same as those for a person who is charged with a felony.