Criminal proceedings: mental competence: expert reports.

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, which includes requiring the court to appoint a psychiatrist or licensed psychologist, and any other expert whom the court may deem appropriate, to examine the defendant. Existing law requires a defendant found mentally incompetent to stand trial to undergo evaluation by the community program director, the regional center director, or the county mental health director, and requires the evaluator to make written recommendations to the court, prior to the court ordering the defendant to undergo outpatient treatment or be committed to the state hospital, a developmental center, a residential facility, or any other treatment facility. If the director who evaluates the defendant determines that the defendant has regained mental competence, existing law requires the director to immediately certify that fact to the court by filing a certificate of restoration with the court. This bill would make all documents submitted to a court pursuant to this process presumptively confidential, except as otherwise provided by law. The bill would require the documents to be retained in the confidential portion of the court's file, and would require counsel for the defendant and the prosecution to maintain the documents as confidential. The bill would authorize counsel for the defendant and the prosecution to inspect, copy, or utilize the documents, and any information contained in the documents, without an order from the court for specified purposes, including the safety of the public. The bill would require a motion, application, or petition to access the documents to be decided according to specified court rules. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.