Criminal procedure: competence to stand trial.

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, if the mental competency of a defendant is in doubt, the defendant's mental competency is evaluated and the defendant receives treatment with the goal of returning the defendant to competency, as specified. Existing law requires a court to appoint 2 mental health professionals to examine a defendant if the defendant is seeking a finding of mental incompetence. This bill would only require the appointment of a 2nd mental health professional if requested by the defendant. The bill would require the evaluating mental health professional to submit a report to the court within 30 days and would specify the required contents of the report. The bill would also clarify that any statements made by the defendant as part of the evaluation are inadmissible in subsequent proceedings. This bill would authorize the court, if no objection is made to the report, to make a finding of the defendant's competence based on the report. The bill would, if any party objects to the report, require the court to hold a hearing to determine competence, as specified. Existing law, in the case of a defendant charged with a felony, requires that, upon a finding of mental incompetence, the proceedings be suspended until the defendant regains competence. Existing law prescribes a program of pretrial diversion for defendants with a diagnosed mental disorder whose disorder was a significant factor in the commission of their offense. Under existing law, persons charged with certain offenses, including murder, rape, sexual abuse of a child, and possession of a weapon of mass destruction, are ineligible for diversion. This bill would require the court, upon a finding of mental incompetence of a defendant charged with a felony that is not ineligible for diversion, to determine if it is in the interests of justice to restore the defendant to competence. The bill would require the court, if the restoration of the defendant's mental competence is not in the interests of justice, to either grant mental health diversion to the defendant or dismiss the charges against the defendant, as specified. If a defendant is returned to court having not been restored to mental competence, this bill would require the defendant to be presumed incompetent and, if the charges are not dismissed, be returned to treatment, as specified. The bill would make other conforming changes.