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CA AB1214

Bill

Status

Passed

9/30/2018

Primary Sponsor

Mark Stone

Click for details

Origin

State Assembly

2017-2018 Session

AI Summary

  • Revises procedures for determining juvenile competency by requiring an evidentiary hearing (unless parties stipulate) with a presumption of competency unless proven incompetent by preponderance of evidence.

  • Expands qualifications and duties of court-appointed experts to evaluate minors' competency, including requirements for expertise in child development, forensic evaluation, reviewing available records, and administering age-appropriate testing.

  • Authorizes district attorney or minor's counsel to retain additional qualified experts and requires Judicial Council to adopt court rules identifying training and experience standards for competency evaluators.

  • Requires petition dismissal if minor found incompetent and petition contains only misdemeanor offenses; limits secure confinement to six months (18 months maximum for serious offenses under Section 707) while pursuing remediation services.

  • Mandates that juvenile court presiding judge, probation department, county mental health department, and other entities develop a written protocol describing the competency process and program to ensure incompetent minors receive appropriate remediation services.

Legislative Description

Juvenile proceedings: competency.

Last Action

Chaptered by Secretary of State - Chapter 991, Statutes of 2018.

9/30/2018

Committee Referrals

Public Safety8/28/2018
Appropriations6/26/2018
Public Safety5/24/2018
Rules5/14/2018
Judiciary5/18/2017
Rules5/8/2017
Judiciary3/27/2017

Full Bill Text

No bill text available