Bill Text: CA AB1962 | 2015-2016 | Regular Session | Chaptered
Bill Title: Criminal proceedings: mental competence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-21 - Chaptered by Secretary of State - Chapter 405, Statutes of 2016. [AB1962 Detail]
Download: California-2015-AB1962-Chaptered.html
BILL NUMBER: AB 1962 CHAPTERED
BILL TEXT
CHAPTER 405
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2016
APPROVED BY GOVERNOR SEPTEMBER 21, 2016
PASSED THE SENATE AUGUST 18, 2016
PASSED THE ASSEMBLY AUGUST 24, 2016
AMENDED IN SENATE JUNE 6, 2016
AMENDED IN ASSEMBLY MARCH 30, 2016
INTRODUCED BY Assembly Member Dodd
FEBRUARY 12, 2016
An act to amend Section 1369 of the Penal Code, relating to
criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
AB 1962, Dodd. Criminal proceedings: mental competence.
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 the court
may deem appropriate.
This bill would, on or before July 1, 2017, require the State
Department of State Hospitals, through the use of a workgroup
representing specified groups, to adopt guidelines for education and
training standards for a psychiatrist or licensed psychologist to be
considered for appointment by the court. The bill would provide that
if there is no reasonably available expert who meets the guidelines,
the court shall have discretion to appoint an expert who does not
meet the guidelines.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1369 of the Penal Code is amended to read:
1369. Except as stated in subdivision (g), a trial by court or
jury of the question of mental competence shall proceed in the
following order:
(a) The court shall appoint a psychiatrist or licensed
psychologist, and any other expert the court may deem appropriate, to
examine the defendant. In any case where the defendant or the
defendant's counsel informs the court that the defendant is not
seeking a finding of mental incompetence, the court shall appoint two
psychiatrists, licensed psychologists, or a combination thereof. One
of the psychiatrists or licensed psychologists may be named by the
defense and one may be named by the prosecution. The examining
psychiatrists or licensed psychologists shall evaluate the nature of
the defendant's mental disorder, if any, the defendant's ability or
inability to understand the nature of the criminal proceedings or
assist counsel in the conduct of a defense in a rational manner as a
result of a mental disorder and, if within the scope of their
licenses and appropriate to their opinions, whether or not treatment
with antipsychotic medication is medically appropriate for the
defendant and whether antipsychotic medication is likely to restore
the defendant to mental competence. If an examining psychologist is
of the opinion that antipsychotic medication may be medically
appropriate for the defendant and that the defendant should be
evaluated by a psychiatrist to determine if antipsychotic medication
is medically appropriate, the psychologist shall inform the court of
this opinion and his or her recommendation as to whether a
psychiatrist should examine the defendant. The examining
psychiatrists or licensed psychologists shall also address the issues
of whether the defendant has capacity to make decisions regarding
antipsychotic medication and whether the defendant is a danger to
self or others. If the defendant is examined by a psychiatrist and
the psychiatrist forms an opinion as to whether or not treatment with
antipsychotic medication is medically appropriate, the psychiatrist
shall inform the court of his or her opinions as to the likely or
potential side effects of the medication, the expected efficacy of
the medication, possible alternative treatments, and whether it is
medically appropriate to administer antipsychotic medication in the
county jail. If it is suspected the defendant is developmentally
disabled, the court shall appoint the director of the regional center
for the developmentally disabled established under Division 4.5
(commencing with Section 4500) of the Welfare and Institutions Code,
or the designee of the director, to examine the defendant. The court
may order the developmentally disabled defendant to be confined for
examination in a residential facility or state hospital.
The regional center director shall recommend to the court a
suitable residential facility or state hospital. Prior to issuing an
order pursuant to this section, the court shall consider the
recommendation of the regional center director. While the person is
confined pursuant to order of the court under this section, he or she
shall be provided with necessary care and treatment.
(b) (1) The counsel for the defendant shall offer evidence in
support of the allegation of mental incompetence.
(2) If the defense declines to offer any evidence in support of
the allegation of mental incompetence, the prosecution may do so.
(c) The prosecution shall present its case regarding the issue of
the defendant's present mental competence.
(d) Each party may offer rebutting testimony, unless the court,
for good reason in furtherance of justice, also permits other
evidence in support of the original contention.
(e) When the evidence is concluded, unless the case is submitted
without final argument, the prosecution shall make its final argument
and the defense shall conclude with its final argument to the court
or jury.
(f) In a jury trial, the court shall charge the jury, instructing
them on all matters of law necessary for the rendering of a verdict.
It shall be presumed that the defendant is mentally competent unless
it is proved by a preponderance of the evidence that the defendant is
mentally incompetent. The verdict of the jury shall be unanimous.
(g) Only a court trial is required to determine competency in any
proceeding for a violation of probation, mandatory supervision,
postrelease community supervision, or parole.
(h) (1) The State Department of State Hospitals shall, on or
before July 1, 2017, adopt guidelines for education and training
standards for a psychiatrist or licensed psychologist to be
considered for appointment by the court pursuant to this section. To
develop these guidelines, the State Department of State Hospitals
shall convene a workgroup comprised of the Judicial Council and
groups or individuals representing judges, defense counsel, district
attorneys, counties, advocates for people with developmental and
mental disabilities, state psychologists and psychiatrists,
professional associations and accrediting bodies for psychologists
and psychiatrists, and other interested stakeholders.
(2) When making appointments pursuant to this section, the court
shall appoint experts who meet the guidelines established in
accordance with this subdivision or experts with equivalent
experience and skills. If there is no reasonably available expert who
meets the guidelines or who has equivalent experience and skills,
the court shall have the discretion to appoint an expert who does not
meet the guidelines.
