Criminal proceedings: mentally incompetent offenders.

(1) Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant's mental competency is evaluated and by which the defendant receives treatment, including, if applicable, antipsychotic medication, with the goal of returning the defendant to competency. Existing law credits time spent by a defendant in a state hospital or other facility as a result of commitment during the process toward the term of any imprisonment for which the defendant is sentenced. This bill would, similarly, prohibit a person from having his or her probation, mandatory supervision, postrelease community supervision, or parole revoked while that person is mentally incompetent. The bill would establish a process by which the person's mental competency is evaluated and by which the defendant receives treatment, including, if applicable, antipsychotic medication, with the goal of returning the person to competency. If a defendant is found mentally incompetent during postrelease community supervision or parole revocation hearings, the bill would require the court to dismiss the pending revocation matter and return the defendant to supervision, in which case the bill would allow the court, using the least restrictive option that will meet the mental health needs of the defendant, to modify the terms and conditions of supervision to include appropriate mental health treatment, refer the matter to a local mental health court, reentry court, or other collaborative justice court available for improving the mental health of the defendant, or, if there are no other reasonable alternatives to the establishment of a conservatorship to meet the mental health needs of the defendant, refer the matter to the public guardian of the county of commitment to initiate conservatorship proceedings, as specified. By increasing the duties of local officials, including the county mental health director and county public guardian, the bill would impose a state-mandated local program. If a person subject to parole due to a conviction for an offense of first or 2nd degree murder or a registerable sex offense in which one or more of the victims of the offense was a child under 14 years of age is found mentally incompetent, the bill would require the court to order the person to undergo treatment to restore mental competency. If his or her mental competency is not restored, the bill would establish procedures for his or her supervision or referral, as specified. The bill would also make conforming changes. If a conservatorship is established for a defendant or parolee pursuant to the above-described provisions, the bill would prohibit the county or the Department of Corrections and Rehabilitation from compassionately releasing the defendant or parolee or otherwise causing the termination of his or her supervision or parole based on the establishment of that conservatorship. (2) During the pendency of an action in a case in which the defendant has been charged with a misdemeanor, if the defendant's behavior leads the judge to conclude that the defendant is mentally disordered and incompetent to stand trial, existing law requires the judge to state the conclusion in the record and inquire of the attorney for the defendant whether, in the opinion of the attorney, the defendant is mentally disordered. Existing law requires the court to order the defendant to be referred for evaluation and treatment, as specified, if counsel for the defendant informs the court that he or she believes the defendant is or may be mentally disordered. This bill would repeal those provisions. (3) This bill would incorporate additional changes to Section 1370 of the Penal Code, proposed by AB 2186 and AB 2625, that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2015, and this bill is chaptered last. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.