SB 349: 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. Under existing law, if a defendant is found incompetent, the court shall, as specified, order the defendant to treatment for the restoration of competence. Under existing law, if the defendants competence is restored, the defendant shall be returned to the court with a certificate of restoration.

This bill would also clarify that a certificate of restoration of mental competence is presumed to apply to any pending felony case pending against the defendant in the same county at the time the defendant was restored to competence. competence, subject to specified exceptions.