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CA SB 1400

Title: Criminal procedure: competence to stand trial.
Author: Henry I. Stern

Summary
SB 1400, as amended, Stern. 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 a defendant’s mental competency is evaluated and if the defendant is found incompetent to stand trial, the proceedings are suspended while the defendant receives treatment, with the goal of restoring the defendant to competency.Existing law, in the case of a misdemeanor charge in which the defendant is found incompetent, requires the court to either dismiss the case or hold a hearing to determine if the defendant is eligible for diversion. Under existing law, if the defendant not eligible for diversion, the court may hold another hearing to decide if the defendant should be referred for outpatient treatment, conservatorship, or the CARE program, or if the defendant’s treatment plan should be modified. Existing law also requires the court, if the defendant is already on a grant of diversion for a misdemeanor case, to dismiss the current case and return the defendant to supervision.This bill would remove the option for the court to dismiss the case and would instead require the court to hold a hearing to determine if the defendant is eligible for diversion. If the defendant is not eligible for diversion, the bill would require the court to hold a hearing to determine whether the defendant will be referred to outpatient treatment, conservatorship, or the CARE program, or if the defendant’s treatment plan will be modified.This bill would also remove the requirement that the court dismiss the case if the defendant is already on a grant of diversion for a misdemeanor case.Existing law prohibits a court from suspending proceedings of a prosecution on a charge of driving under the influence of an alcoholic beverage for the purpose of allowing the defendant to participate in education, training, or treatment programs.This bill would allow for a mentally incompetent defendant who is charged with misdemeanor driving under the influence to be placed in a mental health diversion program, as specified.If a mentally incompetent defendant is charged with a felony and a misdemeanor and is committed to mental health treatment, as specified, the bill would require the misdemeanor offense to be dismissed.

Status
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 18). Re-referred to Com. on APPR.

Bill Documents
CA SB 1400 - 04/11/24 - Amended Senate
04/11/24 - CA SB 1400 (04/11/24 - Amended Senate)


CA SB 1400 - 02/16/24 - Introduced
02/16/24 - CA SB 1400 (02/16/24 - Introduced)

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Author Details


  • Henry Stern - D
    Senator - State Senate - CA

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    Capital Address:
    1021 O Street, Suite 7710
    Sacramento, CA 95814-4900
    9166514027

    District Address:
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    Calabasas, CA 91302 1407
    Phone: 8188763352
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