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