Criminal procedure: diversion.

Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. 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 establishes the 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. 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 authorize the court to extend the duration of diversion for a period not to exceed 4 months based on the recommendation of the defendant's mental health treatment provider in order to continue the defendant's progress in treatment.