If during a pending misdemeanor action the judge determines there is reason to believe that the defendant is mentally disordered and may be incompetent to stand, the judge must state this and the reasons for the belief in the record. The judge shall ask the defendant's attorney if she believes the defendant is mentally disordered. If the attorney believes the defendant may be mentally disordered, the court shall refer the defendant for evaluation and treatment. The court may order the facility providing treatment and evaluation to provide the court with the defendant's discharge summary.
If during a pending action the judge doubts the defendant's mental competence to stand trial, the judge must state this and the reasons for the doubt in the record. The judge shall ask the defendant's attorney for her opinion of the defendant's mental competence. If the attorney believes the defendant is or may be mentally incompetent, the court shall order a hearing to determine the defendant's mental competence and may also order a hearing even if the attorney believes the defendant is mentally competent.
In a trial to determine the mental competence of a defendant, the court must appoint a psychiatrist or licensed psychologist to examine the defendant. If the defendant is not seeking a finding of mental incompetence, the court shall appoint two psychiatrists or psychologists. The examiners shall evaluate the nature of the defendant's mental disorder, the defendant's ability to understand the nature of the criminal proceedings, and whether antipsychotic medication is medically appropriate to restore the defendant to mental competence.
(b) The medical director of the facility to which the defendant is confined shall submit a written report of the defendant's progress toward recovery of mental competence to the court and the community program director. For defendants placed on outpatient status, the outpatient staff shall submit a report to the community program director who shall report to the court. (c)(1) If the defendant has not recovered mental competence after 3 years, the defendant must return to court.
(a) If the defendant is found to be mentally incompetent, judgment shall be suspended until mental competence is recovered. The defendant shall be placed in a treatment facility or on outpatient status. When a certificate of restoration is filed, the defendant shall be returned to court and the county mental health director shall be notified of the order. Before ordering the defendant confined or placed on outpatient status, the court shall order the county mental health director to evaluate the defendant and submit a written recommendation as to placement to the court.
(b) The medical director of the facility to which the defendant is confined shall submit a written report of the defendant's progress toward recovery of mental competence to the court and the county mental health director. For defendants placed on outpatient status, the outpatient staff shall submit a report to the county mental health director who shall report to the court. (c)(1) If the defendant has not recovered mental competence after 1 year, the defendant must return to court.
If a defendant is found mentally incompetent and is developmentally disabled, the trial judgment shall be suspended until the defendant becomes mentally competent. The court clerk shall notify the Department of Justice of any finding of mental incompetence to be included in the defendant's state summary criminal history information, if it is pertaining to a defendant required to register as a sex offender.
The superior court may dismiss any misdemeanor charge pending against a defendant who has been found mentally incompetent. A copy of the order dismissing a misdemeanor because of mental incompetence must be sent to the community program director, the county mental health director, or the regional director and the Director of Developmental Services.
The court may order a defendant placed on outpatient treatment, If in the regional director's evaluation of the defendant it is opined that the defendant is not a danger to others while on outpatient treatment and will benefit from such treatment and the person in charge of the residential facility and the defendant have agreed to outpatient treatment.
If it has been determined that the defendant has regained mental competence, the director of the facility where the defendant is committed or the community program director, county mental health director, or regional center director providing outpatient services shall file certificate of restoration with the court certifying the fact. If a defendant becomes mentally competent after a conservatorship has been established, the conservator must certify the fact to the sheriff, district attorney, the defendant's attorney, and the court.
