BILL NUMBER: AB 1962	AMENDED
	BILL TEXT

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

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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  with forensic experience
 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) Psychiatrists and licensed psychologists appointed by the
court pursuant to this section shall possess forensic experience.
 
   (h) The State Department of State Hospitals shall, on or before
July 1, 2017, adopt guidelines establishing minimum 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 in the
development of the guidelines.