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CA AB2547
Bill
AI Summary
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Removes the court's option to dismiss charges when a defendant is found mentally incompetent on a misdemeanor charge, and instead requires the court to hold a diversion hearing.
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Mandates that if a defendant is ineligible for diversion, the court must hold a hearing to determine which of four actions to take: modify the treatment plan, refer to assisted outpatient treatment, refer for conservatorship proceedings, or refer to the CARE program.
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Requires the diversion hearing to be held within 30 days of the incompetence finding, with the defendant released on their own recognizance if the hearing is delayed beyond 30 days.
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Authorizes parties to request and courts to order re-evaluation of the defendant's competency during the pendency of these proceedings.
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Applies only to misdemeanor offenses as specified in Section 1367(b) of the Penal Code.
Legislative Description
Criminal procedure: competence to stand trial.
Last Action
From committee: Without further action pursuant to Joint Rule 62(a).
5/24/2024