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CA AB1214
Bill
Status
9/30/2018
Primary Sponsor
Mark Stone
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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