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CA AB1584

Bill

Status

Engrossed

5/31/2023

Primary Sponsor

Akilah Weber Pierson

Click for details

Origin

State Assembly

2023-2024 Session

AI Summary

  • Requires appointment of a second mental health professional only upon defendant's request (rather than automatically) when evaluating mental competency, and mandates evaluation reports be submitted within 30 days with specified contents.

  • Allows courts to find a defendant competent based on the evaluation report alone if neither party objects; requires a hearing if either party objects to the report.

  • Mandates courts determine whether restoring mental competence is in the interests of justice for incompetent defendants charged with non-ineligible felonies; if not in the interests of justice, court must grant mental health diversion or dismiss charges.

  • Makes statements made during mental competency evaluations inadmissible in subsequent proceedings and clarifies that defendants found incompetent after charge refiling are presumed incompetent unless substantial evidence of competence is presented.

  • Authorizes the State Department of State Hospitals to contract with counties to fund diversion programs for individuals with serious mental disorders who have been found incompetent to stand trial on felony charges.

Legislative Description

Criminal procedure: competence to stand trial.

Last Action

In committee: Held under submission.

9/1/2023

Committee Referrals

Appropriations7/12/2023
Public Safety6/14/2023
Rules6/1/2023
Appropriations4/19/2023
Public Safety3/16/2023

Full Bill Text

No bill text available