Amended in Senate June 6, 2016

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.

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 guidelinesbegin delete establishing minimumend deletebegin insert forend insert education and training standards for a psychiatrist or licensed psychologist to be considered for appointment by the court.begin insert 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.end insert

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

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

P2    1

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 expert the court may deem appropriate,
8to examine the defendant. In any case where the defendant or the
9defendant’s counsel informs the court that the defendant is not
10seeking a finding of mental incompetence, the court shall appoint
11two psychiatrists, licensed psychologists, or a combination thereof.
12One of the psychiatrists or licensed psychologists may be named
13by the defense and one may be named by the prosecution. The
14examining psychiatrists or licensed psychologists shall evaluate
15 the nature of the defendant’s mental disorder, if any, the
16defendant’s ability or inability to understand the nature of the
17criminal proceedings or assist counsel in the conduct of a defense
18in a rational manner as a result of a mental disorder and, if within
19the scope of their licenses and appropriate to their opinions,
20whether or not treatment with antipsychotic medication is medically
21appropriate for the defendant and whether antipsychotic medication
22is likely to restore the defendant to mental competence. If an
23examining psychologist is of the opinion that antipsychotic
24medication may be medically appropriate for the defendant and
25that the defendant should be evaluated by a psychiatrist to
26determine if antipsychotic medication is medically appropriate,
27the psychologist shall inform the court of this opinion and his or
28her recommendation as to whether a psychiatrist should examine
29the 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
P3    1appropriate to administer antipsychotic medication in the county
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.

38(h) begin insert(1)end insertbegin insertend insert The State Department of State Hospitals shall, on or
39before July 1, 2017, adopt guidelinesbegin delete establishing minimumend deletebegin insert forend insert
40 education and training standards for a psychiatrist or licensed
P4    1psychologist to be considered for appointment by the court pursuant
2to this section. To develop these guidelines, the State Department
3of State Hospitals shall convene a workgroup comprised of the
4Judicial Council and groups or individuals representing judges,
5defense counsel, district attorneys, counties, advocates for people
6with developmental and mental disabilities, state psychologists
7and psychiatrists, professional associations and accrediting bodies
8for psychologists and psychiatrists, and other interested
9
begin delete stakeholders in the development of the guidelines.end deletebegin insert stakeholders.end insert

begin insert

10
(2) When making appointments pursuant to this section, the
11court shall appoint experts who meet the guidelines established
12in accordance with this subdivision or experts with equivalent
13experience and skills. If there is no reasonably available expert
14who meets the guidelines or who has equivalent experience and
15skills, the court shall have the discretion to appoint an expert who
16does not meet the guidelines.

end insert


O

    97