BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1962 (Dodd) - Criminal proceedings: mental competence
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|Version: June 6, 2016 |Policy Vote: PUB. S. 7 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 1, 2016 |Consultant: Jolie Onodera |
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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
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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
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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.
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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.
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