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  







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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  








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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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