BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2858
                                                                  Page  1

          Date of Hearing:   May 24, 2006

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                   Judy Chu, Chair

                     AB 2858 (Leno) - As Amended:  May 10, 2006 

          Policy Committee:                              Public  
          SafetyVote:  6-0

          Urgency:     No                   State Mandated Local Program:   
          No     Reimbursable:               

           SUMMARY  

          This bill requires the court, if the court places a defendant  
          found mentally incompetent to stand trial on out-patient status,  
          to serve copies of the placement order on defense counsel, the  
          sheriff of the county where the defendant will be placed, and  
          the district attorney for the county where the charges are  
          pending against the defendant. This bill also:

          1)Requires notice of any conservatorship proceedings and related  
            dispositions to be served on the sheriff and the district  
            attorney of the county where the criminal charges are pending,  
            as well as the defendant's counsel of record. If a change in  
            placement is proposed related to conservatorships, the court  
            shall provide notice to the sheriff and the district attorney  
            of the county in which criminal charges are pending. 

          2)Prohibits the court from appointing a conservator if the court  
            determines the appointment will not result in adequate  
            protection of the public. 

           FISCAL EFFECT

           Minor absorbable GF costs to state trial courts for notification  
          procedures.  

           COMMENT

          1)Rationale.  The author's intent is to ensure appropriate  
            notifications to ensure public safety, while respecting the  
            due process rights of mentally ill defendants.   









                                                                  AB 2858
                                                                  Page  2

           2)Current Mental Competency Process.  When an offender has been  
            charged with a crime and is unable to understand the nature of  
            the criminal proceedings and/or is unable to assist counsel in  
            his or her defense, the court may determine the offender is  
            not competent to proceed. If two out of three doctors agree  
            the offender cannot understand the charges and/or or cannot  
            assist in his or her own defense, the defendant is referred to  
            the Department of Mental Health (DMH) and criminal proceedings  
            are suspended.

            The treating agency, generally DMH, submits periodic reports  
            on progress toward restoring competency. If the report states  
            the offender is unlikely to regain competency, the offender is  
            ordered to remain in the custody of the treating agency and a  
            subsequent report must be filed every six months. 

            If, after a period of three years, the offender has not  
            regained competence, the offender is returned to the  
            committing court where a subsequent civil commitment may be  
            ordered.

            If the treating agency finds there is no reason to believe the  
            offender will regain competence, the court may initiate  
            conservatorship proceedings.   

           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081