CA AB1630

Requires courts to appoint one mental health professional to evaluate a defendant's mental competence; increases to two professionals only if the defendant or counsel objects and requests dual evaluation.

Shifts the burden of proof when any court-appointed expert finds incompetence: the defendant is presumed incompetent and prosecution must prove competence, reversing the previous requirement that defense counsel present evidence of incompetence.

Requires court clerks to report findings of mental incompetence and restoration of competency to the Department of Justice for inclusion in a person's criminal history record.

Establishes a presumption of mental incompetence for defendants with prior incompetence findings in other jurisdictions unless a court-accepted certificate of restoration exists; requires courts to inquire about competency status at new charges or probation/parole proceedings.

Requires courts to order conservatorship investigations when defendants are found incompetent and appear gravely disabled, and allows criminal charges to be dismissed if the defendant is not subject to commitment or detention.