BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2858|
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THIRD READING
Bill No: AB 2858
Author: Leno (D)
Amended: 5/10/06 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/27/06
AYES: Migden, Poochigian, Cedillo, Margett, Perata, Romero
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 80-0, 5/31/06 - See last page for vote
SUBJECT : Trials: mental competence: defendant
SOURCE : San Francisco District Attorneys Office
California District Attorneys Association
DIGEST : This bill is to provide for notice to the
defense attorney, sheriff and district attorney if a
defendant found mentally incompetent to stand trial on a
violent felony is placed on outpatient status and provides
for notice to those same people when there is the
initiation of the conservatorship and provide that the
court shall not appoint a conservator if it will not result
in adequate protection of the public.
ANALYSIS : Existing law has specified procedures when a
defendant's mental competence to stand trial is questioned.
Existing law provides that if a defendant is found mentally
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incompetent, the trial or judgment shall be suspended until
the person becomes mentally competent.
Existing law provides that a defendant charged with a
violent felony may not be delivered to a state hospital or
treatment facility unless the sate hospital or treatment
facility has a secured perimeter or locked and controlled
treatment facility, and the judge determines that the
public safety will be protected.
Existing law provides that a defendant charged with a
violent felony may be placed on outpatient status only if
the court finds that the placement will not pose a danger
to the health or safety of others
This bill provides that if the court places a defendant
charged with a violent felony on outpatient status the
court must serve copies of the placement order on defense
counsel, the sheriff in the county where the defendant will
be placed, and the district attorney for the county in
which the violent felony charges are pending against the
defendant.
Existing law states the criminal action remains subject to
dismissal in the interest of justice. If the criminal
action is dismissed, the court shall transmit a copy of the
order of dismissal to the community program director or a
designee
Existing law specifies that if the criminal charge against
the defendant is dismissed, the defendant shall be released
from any commitment ordered under this section, but without
prejudice to the initiation of any proceedings that may be
appropriate under existing law).
Existing law provides at the end of three years from the
date of commitment or a period of commitment equal to the
maximum term of imprisonment provided by law for the most
serious offense charged in the information, indictment, or
misdemeanor complaint, whichever is shorter, a defendant
who has not recovered mental competence shall be returned
to the committing court. The court shall notify the
community program director or a designee of the return and
of any resulting court orders.
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Existing law states whenever any defendant is returned to
the court pursuant to existing law and it appears to the
court that the defendant is gravely disabled, as specified,
the court shall order the conservatorship investigator of
the county of commitment of the defendant to initiate
conservatorship proceedings for the defendant. Any
hearings required in the conservatorship proceedings shall
be held in the superior court in the county that ordered
the commitment. The court shall transmit a copy of the
order directing initiation of conservatorship proceedings
to the community program director or a designee and shall
notify the community program director or a designee of the
outcome of the proceedings.
This bill provides instead that the court shall transmit a
copy of the order directing initiation of conservatorship
proceedings to the community program director or a
designee, the sheriff and the district attorney of the
county in which criminal charges are pending, and the
defendant's counsel of record. The court shall notify the
community program director or a designee and the sheriff
and district attorney of the county in which criminal
charges are pending, and the defendant's counsel of record
of the outcome of the conservatorship proceedings.
This bill provides that if a change in placement is
proposed for a defendant who is committed the court shall
provide notice and an opportunity to be heard with respect
to the proposed placement of the defendant to the sheriff
and the district attorney of the county in which criminal
charges are pending.
Existing law requires that, where the defendant is confined
in a treatment facility, a copy of any report to the
committing court regarding the defendant's progress toward
recovery of mental competence shall be provided by the
committing court to the prosecutor and to the defense
counsel.
Existing law states a conservator of the person, of the
estate, or of the person and the estate may be appointed
for any person who is gravely disabled as a result of
mental disorder or impairment by chronic alcoholism. The
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procedure for establishing, administering, and terminating
a conservatorship under this chapter shall be the same as
that provided in existing law, except as follows:
1.A conservator may be appointed for a gravely disabled
minor.
2.Appointment of a conservator under this part, including
the appointment of a conservator for a person who is
gravely disabled, as specified, unless the officer
providing conservatorship investigation recommends
otherwise to the superior court.
3.In appointing a conservator, as defined in current law,
the court shall consider the purposes of protection of
the public and the treatment of the conservatee.
Existing law specifies that no conservatorship of the
estate pursuant to this chapter shall be established if a
conservatorship or guardianship of the estate exists under
the Probate Code. When a gravely disabled person already
has a guardian or conservator of the person appointed under
the Probate Code, the proceedings under this chapter shall
not terminate the prior proceedings but shall be concurrent
with and superior thereto. The superior court may appoint
the existing guardian or conservator of the person or
another person as conservator of the person under this
chapter.
Existing law requires the person for whom conservatorship
is sought have the right to demand a court or jury trial on
the issue whether he or she is gravely disabled. Demand
for court or jury trial shall be made within five days
following the hearing on the conservatorship petition. If
the proposed conservatee demands a court or jury trial
before the date of the hearing as provided for in existing
law, the demand shall constitute a waiver of the hearing.
The court or jury trial shall commence within 10 days of
the date of the demand, except that the court shall
continue the trial date for a period not to exceed 15 days
upon the request of counsel for the proposed conservatee.
This right shall also apply in subsequent proceedings to
reestablish conservatorship.
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This bill provides that notwithstanding any other provision
the court shall not appoint the proposed conservator if the
court determines that appointment of the proposed
conservator will not result in adequate protection of the
public.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/10/06)
San Francisco District Attorney's Office
California District Attorneys Association
ARGUMENTS IN SUPPORT : According to the author's office,
under existing law, dangerous, mentally ill persons charged
with rape and murder could potentially be released into the
community. Once declared incompetent to stand trial,
defendants are treated to restore competency to stand trial
for a three-year maximum period of commitment after which
they are transferred into the county mental health system,
where they slip through the cracks.
This bill closes a troubling loophole in the law by
providing notice to prosecutors and public safety agencies
when a defendant charged with a violent felony is placed on
outpatient status; when the conservatorship proceedings are
initiated and concluded; and when a change in placement is
proposed for a defendant in a "Murphy" conservatorship.
This bill also provides prosecutors an opportunity to be
heard with respect to a proposed change in placement for a
defendant in a "Murphy" conservatorship and also requires
the court to determine whether the proposed conservator
would adequately protect public safety in supervising the
defendant.
This bill will ensure that public safety officials are
given meaningful notice and an opportunity to provide input
in critical proceedings concerning mentally incompetent
defendants.
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ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,
Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,
Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,
DeVore, Dymally, Emmerson, Evans, Frommer, Garcia,
Goldberg, Hancock, Harman, Haynes, Jerome Horton, Shirley
Horton, Houston, Huff, Jones, Karnette, Keene, Klehs,
Koretz, La Malfa, La Suer, Laird, Leno, Leslie, Levine,
Lieber, Lieu, Liu, Matthews, Maze, McCarthy, Montanez,
Mountjoy, Mullin, Nakanishi, Nation, Nava, Negrete
McLeod, Niello, Oropeza, Parra, Pavley, Plescia, Richman,
Ridley-Thomas, Sharon Runner, Ruskin, Saldana, Salinas,
Spitzer, Strickland, Torrico, Tran, Umberg, Vargas,
Villines, Walters, Wolk, Wyland, Yee, Nunez
RJG:do 8/10/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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