Amended in Assembly March 30, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1962


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, as amended, 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.

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This bill would require psychiatrists, licensed psychologists, and any other expert the court deems appropriate to have forensic experience.

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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 establishing minimum education and training standards for a psychiatrist or licensed psychologist to be considered for appointment by the court.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 1369 of the Penal Code is amended to
2read:

3

1369.  

Except as stated in subdivision (g), a trial by court or
4jury of the question of mental competence shall proceed in the
5following order:

6(a) The court shall appoint a psychiatrist or licensed
7psychologist, and any other expertbegin delete with forensic experienceend delete the
8court may deem appropriate, to examine the defendant. In any case
9where the defendant or the defendant’s counsel informs the court
10that the defendant is not seeking a finding of mental incompetence,
11the court shall appoint two psychiatrists, licensed psychologists,
12or a combination thereof. One of the psychiatrists or licensed
13psychologists may be named by the defense and one may be named
14by the prosecution. The examining psychiatrists or licensed
15psychologists shall evaluate the nature of the defendant’s mental
16disorder, if any, the defendant’s ability or inability to understand
17the nature of the criminal proceedings or assist counsel in the
18conduct of a defense in a rational manner as a result of a mental
19disorder and, if within the scope of their licenses and appropriate
20to their opinions, whether or not treatment with antipsychotic
21medication is medically appropriate for the defendant and whether
22antipsychotic medication is likely to restore the defendant to mental
23competence. If an examining psychologist is of the opinion that
24antipsychotic medication may be medically appropriate for the
25defendant and that the defendant should be evaluated by a
26psychiatrist to determine if antipsychotic medication is medically
27appropriate, the psychologist shall inform the court of this opinion
28and his or her recommendation as to whether a psychiatrist should
29examine the defendant. The examining psychiatrists or licensed
30psychologists shall also address the issues of whether the defendant
31has capacity to make decisions regarding antipsychotic medication
32and whether the defendant is a danger to self or others. If the
33defendant is examined by a psychiatrist and the psychiatrist forms
34an opinion as to whether or not treatment with antipsychotic
35medication is medically appropriate, the psychiatrist shall inform
36the court of his or her opinions as to the likely or potential side
37effects of the medication, the expected efficacy of the medication,
38possible alternative treatments, and whether it is medically
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2jail. If it is suspected the defendant is developmentally disabled,
3the court shall appoint the director of the regional center for the
4developmentally disabled established under Division 4.5
5(commencing with Section 4500) of the Welfare and Institutions
6Code, or the designee of the director, to examine the defendant.
7The court may order the developmentally disabled defendant to
8 be confined for examination in a residential facility or state
9hospital.

10The regional center director shall recommend to the court a
11suitable residential facility or state hospital. Prior to issuing an
12order pursuant to this section, the court shall consider the
13recommendation of the regional center director. While the person
14is confined pursuant to order of the court under this section, he or
15she shall be provided with necessary care and treatment.

16(b) (1) The counsel for the defendant shall offer evidence in
17support of the allegation of mental incompetence.

18(2) If the defense declines to offer any evidence in support of
19the allegation of mental incompetence, the prosecution may do so.

20(c) The prosecution shall present its case regarding the issue of
21 the defendant’s present mental competence.

22(d) Each party may offer rebutting testimony, unless the court,
23for good reason in furtherance of justice, also permits other
24evidence in support of the original contention.

25(e) When the evidence is concluded, unless the case is submitted
26without final argument, the prosecution shall make its final
27argument and the defense shall conclude with its final argument
28to the court or jury.

29(f) In a jury trial, the court shall charge the jury, instructing
30them on all matters of law necessary for the rendering of a verdict.
31It shall be presumed that the defendant is mentally competent
32unless it is proved by a preponderance of the evidence that the
33defendant is mentally incompetent. The verdict of the jury shall
34be unanimous.

35(g) Only a court trial is required to determine competency in
36any proceeding for a violation of probation, mandatory supervision,
37postrelease community supervision, or parole.

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38(h) Psychiatrists and licensed psychologists appointed by the
39court pursuant to this section shall possess forensic experience.

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(h) The State Department of State Hospitals shall, on or before
2July 1, 2017, adopt guidelines establishing minimum education
3and training standards for a psychiatrist or licensed psychologist
4to be considered for appointment by the court pursuant to this
5section. To develop these guidelines, the State Department of State
6Hospitals shall convene a workgroup comprised of the Judicial
7Council and groups or individuals representing judges, defense
8counsel, district attorneys, counties, advocates for people with
9developmental and mental disabilities, state psychologists and
10psychiatrists, professional associations and accrediting bodies for
11psychologists and psychiatrists, and other interested stakeholders
12in the development of the guidelines.

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