BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1962 (Dodd) - Criminal proceedings: mental competence ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 6, 2016 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 1962 would require the Department of State Hospitals (DSH), on or before July 1, 2017, to adopt guidelines for education and training standards for psychiatrists or licensed psychologists appointed by the court to evaluate defendants who may be incompetent to stand trial (IST). This bill would require the DSH to convene a workgroup to develop the guidelines and would additionally require the court to appoint experts who meet the adopted guidelines, as specified. Fiscal Impact: Workgroup/guidelines : Minor and absorbable one-time costs (General Fund) to the DSH to convene the workgroup and develop the education and training guidelines. Minor, absorbable costs to workgroup members including the Judicial Council. DSH caseload : Potential future decrease in DSH commitment costs (General Fund) to the extent the provisions of this measure result in fewer patients being unnecessarily referred to the DSH for treatment. While the caseload impact cannot be determined with certainty, for every DSH patient found AB 1962 (Dodd) Page 1 of ? competent to stand trial in lieu of IST, DSH could avoid treatment costs of about $200,000 (General Fund) per patient per year. Staff notes reducing the number of IST referrals would not necessarily reduce the DSH budget due to the existing waitlist for DSH beds. State prisons/County jails : Potential future increase in state (General Fund) and local (Local Funds) incarceration costs for commitments to state prison and county jail to the extent persons that otherwise would have been found IST are instead found competent and subject to a resumed trial resulting in a felony or misdemeanor conviction. Court-appointed evaluator costs : Potential increase in costs (General Fund*) to the courts for more experienced IST evaluators resulting from the imposition of the education and training standards as yet to be established by the DSH. Based on an estimated 15,000 mental competency filings statewide each year, even a small percentage of filings that include IST evaluations could increase overall costs in the hundreds of thousands of dollars annually. Court workload : Potential future cost savings (General Fund*) to the extent additional court hearings are not required in cases when a non-licensed/authorized psychiatrist or psychologist is challenged for court-appointment. *Trial Court Trust Fund Background: Existing law provides that a person cannot be tried to punishment or have his or her probation, mandatory supervision, postrelease community supervision (PRCS), or parole revoked while that person is mentally incompetent. Existing law states that a defendant is mentally incompetent for purposes of this chapter if, as a result of mental disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner. (Penal Code § 1367 (a).) Existing law specifies that if a doubt arises in the mind of the judge as to the mental competence of the defendant, he or she shall state that doubt in the record and inquire of the attorney for the defendant, whether, in the opinion of the attorney, the defendant is mentally competent. If counsel informs the court AB 1962 (Dodd) Page 2 of ? 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. (Penal Code § 1368 (a), (b).) Existing law requires a trial by court or jury of the question of mental competence to proceed in a specified order. Existing law requires the court to appoint a psychiatrist or licensed psychologist, and any other expert 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. (Penal Code § 1369.) Proposed Law: This bill requires the Department of State Hospitals (DSH) to, on or before July 1, 2017, adopt guidelines for education and training standards for a psychiatrist or licensed psychologist to be considered for appointment by the court to evaluate defendants who may be IST. Specifically, this bill: Requires the DSH to 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. When making appointments pursuant to this section, requires the court to appoint experts who meet the guidelines established in accordance with this subdivision or experts with equivalent experience and skills. If there is no reasonably available expert who meets the guidelines or who has equivalent experience and skills, the court shall have the discretion to appoint an expert who does not meet the guidelines. AB 1962 (Dodd) Page 3 of ? Prior Legislation: SB 1412 (Nielsen) Chapter 759/2014 applies procedures relative to persons who are IST to persons who may be mentally incompetent and face revocation of probation, mandatory supervision, PRCS, or parole. -- END --