SB 1412 Summary

• Prohibits revocation of probation, mandatory supervision, postrelease community supervision, or parole while a person is mentally incompetent, extending existing protections that previously applied only to criminal trials.

• Establishes evaluation and treatment processes for mentally incompetent persons in revocation proceedings, including potential antipsychotic medication administration with court oversight and due process protections.

• Requires courts to dismiss pending revocation matters if incompetence is found and return the person to supervision, with options to modify supervision terms, refer to mental health courts, or initiate conservatorship proceedings using least restrictive alternatives.

• Prohibits compassionate release or termination of supervision/parole based solely on establishment of a conservatorship for defendants or parolees found mentally incompetent.

• Repeals provisions requiring special inquiries about mental disorder in misdemeanor cases and makes conforming changes to mental competency procedures throughout the Penal Code.