SB 1392: Criminal procedure: competence to stand trial.

Existing law prohibits a person who is found to be mentally incompetent to stand trial. Existing law requires a court, if a question is raised as to a defendants mental competence, to hold a hearing into the defendants mental competence. Existing law, if a defendant is found incompetent, requires the court to order the defendant to treatment for the restoration of competence. Under existing law, if the defendants competence is restored, the defendant is returned to the court with a certificate of restoration. Under existing law, if a defendants competence is not restored within 2 years of being declared incompetent, the defendant is either subject to conservatorship proceedings or released.

This bill would make the issuance of a certificate of restoration toll the running of that 2-year period. The bill would additionally establish procedures for a trial by court on the question of mental competence of a defendant after a defendant has been issued a certificate of restoration, including, among other things, that the defendant shall be presumed restored to competence unless it is proved by a preponderance of the evidence that the defendant is mentally incompetent.