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CA AB2695
Bill
Status
11/30/2016
Primary Sponsor
Jay Obernolte
Click for details
AI Summary
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Expands duties of court-appointed experts evaluating juvenile competency to include detailed review of records, developmental history, age-appropriate testing, and written recommendations for remediation services.
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Establishes presumption of competency for minors, requiring the prosecution to prove incompetency by preponderance of evidence at an evidentiary hearing, rather than placing burden on the minor.
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Requires Judicial Council to adopt rules identifying qualifications and training needed for experts conducting forensic evaluations of juveniles in competency proceedings.
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Mandates courts dismiss petitions if minors will not achieve competency within a reasonable period of time, with remediation capped at two years for felonies or one year for misdemeanors (whichever is shorter).
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Requires presiding judges, probation departments, county mental health departments, and other entities to develop written protocols for the competency process and ensure incompetent minors receive appropriate remediation services.
Legislative Description
Juvenile proceedings: competency.
Last Action
From committee without further action.
11/30/2016