CA SB1323

Allows courts to determine defendant competency based on written expert reports from one or two licensed psychologists or psychiatrists without holding a hearing if neither party objects to the reports.

Requires a competency hearing (bench or jury trial) if either party objects, with defendant presumed competent and burden of proof on the party seeking incompetence finding.

For felony defendants found incompetent and not charged with certain serious offenses, requires courts to determine whether restoration to competence is in the interests of justice before ordering treatment or commitment.

If restoration is not in the interests of justice, requires courts to conduct a hearing within 30 days to consider granting mental health diversion or other alternative programs instead of commitment for competency restoration.

Requires evaluation of whether defendants lack capacity to make decisions regarding antipsychotic medication and expands criteria for involuntary medication treatment during incompetency proceedings.