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CA AB1584
Bill
Status
5/31/2023
Primary Sponsor
Akilah Weber Pierson
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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