BILL ANALYSIS Ó AB 1962 Page 1 Date of Hearing: April 13, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1962 (Dodd) - As Amended March 30, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 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 Page 3 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