CA SB1392

Issuance of a certificate of restoration of competence tolls (pauses) the running of the 2-year commitment period for defendants found incompetent to stand trial.

Establishes procedures for a trial on mental competence after a defendant receives a certificate of restoration, with the defendant presumed restored to competence unless proven mentally incompetent by preponderance of the evidence.

Requires courts to appoint a licensed psychologist or psychiatrist to examine defendants when defense counsel seeks a finding of mental incompetence or when the court believes defendant may not be competent.

Specifies that evidence must be presented in order: defense case first, then prosecution, then rebuttal testimony, with prosecution making final argument followed by defense conclusion.

Allows defense and prosecution to submit on the certificate of restoration without requiring a full hearing, and permits parties to retain private evaluators at their own expense.