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CA SB317

Bill

Status

Passed

10/6/2021

Primary Sponsor

Henry Stern

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Origin

Senate

2021-2022 Session

AI Summary

  • Repeals existing restoration to competency procedures for defendants charged with misdemeanors, replacing them with court authority to conduct competency inquiries and grant diversion, dismiss charges, or refer defendants to assisted outpatient treatment or conservatorship proceedings.

  • Authorizes courts to grant diversion for incompetent misdemeanor defendants for up to one year or the maximum term of imprisonment for the charged offense, whichever is shorter, with diversion hearings required within 30 days of incompetence finding.

  • Requires dismissal of criminal charges upon successful completion of diversion or if defendant is accepted into conservatorship proceedings or assisted outpatient treatment.

  • Extends conduct credits (4 days served for every 2 days in actual custody) to persons confined in state hospitals or mental health treatment facilities pending restoration to competency.

  • Applies conduct credit provisions to misdemeanor probation revocation matters by requiring dismissal of pending revocations for incompetent defendants on probation.

Legislative Description

Competence to stand trial.

Last Action

Chaptered by Secretary of State. Chapter 599, Statutes of 2021.

10/6/2021

Committee Referrals

Appropriations6/30/2021
Public Safety6/3/2021
Appropriations4/28/2021
Public Safety2/17/2021
Rules2/4/2021

Full Bill Text

No bill text available