BILL ANALYSIS Ó
AB 1962
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Date of Hearing: April 13, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
1962 (Dodd) - As Amended March 30, 2016
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill requires the Department of State Hospitals (DSH) to
consult with the Judicial Council of California and groups or
individuals representing judges, defense counsel, district
attorneys, counties, advocates for people with developmental and
AB 1962
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mental disabilities, state psychologists and psychiatrists,
professional associations and accrediting bodies for
psychologists and psychiatrists, and other interested
stakeholders in the development of guidelines regarding minimum
education and training standards for psychiatrists and
psychologists to be considered for appointment by the court to
conduct evaluations of defendants' mental competence.
FISCAL EFFECT:
No cost to DHS or the courts.
COMMENTS:
Background/Purpose. Current law provides that a person cannot
be tried to punishment or have his or her probation, mandatory
supervision, postrelease community supervision, or parole
revoked while that person is mentally incompetent. Current law
also provides that if counsel informs the court that he or she
believes the defendant is or may be mentally incompetent, the
court shall order that the question of the defendant's mental
competence is to be determined in a hearing.
Current law allows courts to appoint a "psychiatrist, licensed
psychologist, or other expert the court may deem appropriate" to
examine a defendant regarding his mental competence. However,
current law does not provide further guidance concerning the
education and training required before a psychiatrist or
licensed psychologist can be appointed to conduct an evaluation
of a defendant's mental competence. However, there are education
and training requirements required to become a psychiatrist or a
licensed psychologist. Any psychiatrist appointed by the court
has graduated medical school, passed the medical boards, and
completed the requisite training to be a psychiatrist.
Likewise, a licensed psychologist has met the appropriate
AB 1962
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education and training requirements to become a licensed
psychologist.
AB 1962 provides a process to establish educational and training
requirements that might be particular to conducting mental
competence evaluations that might not otherwise be addressed in
the training and education for psychiatrists or psychologists.
Analysis Prepared by:Pedro Reyes / APPR. / (916)
319-2081