BILL ANALYSIS
AB 2212
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CONCURRENCE IN SENATE AMENDMENTS
AB 2212 (Fuentes)
As Amended August 5, 2010
Majority vote
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|ASSEMBLY: |74-0 |(May 6, 2010) |SENATE: |33-0 |(August 11, |
| | | | | |2010) |
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Original Committee Reference: PUB. S.
SUMMARY : Provides that during the pendency of any juvenile
proceeding, the minor's counsel or the court may express a doubt
as to the minor's competency. A minor is incompetent to proceed
if he or she lacks sufficient present ability to consult with
counsel and assist in preparing his or her defense with a
reasonable degree of rational understanding, or lacks a rational
as well as factual understanding, of the nature of the charges
or proceedings against him or her. If the court finds
substantial evidence raises a doubt as to the minor's
competency, the proceedings shall be suspended.
The Senate amendments :
1)Eliminate the prohibition against proceedings being suspended
for more than six months and instead states proceedings shall
only be suspended for a period of time that is no longer than
reasonably necessary to determine whether there is s
substantial probability that the minor will attain competency
in the foreseeable future, or the court no longer retains
jurisdiction.
2)Authorize the court to make orders that it deems appropriate
for services that may assist the minor in attaining competency
and the court may rule on motions that do not require the
participation of the minor in the preparation of the motion.
Motions include, but are not limited to: motions to dismiss;
motions filed by defense counsel regarding a change in the
minor's placement; detention hearings, and; demurrers.
3)Provide that if the minor is found to be competent, the court
may proceed commensurate with its jurisdiction and specifies
that the provisions of this bill apply to minors within the
jurisdiction of the juvenile court, as specified.
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EXISTING LAW :
1)Prohibits a person from being tried or adjudged or punished
while that person is mentally incompetent. 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.
2)Provides that if, during the pendency of an action and prior
to judgment, 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 the defendant is not
represented by counsel, the court shall appoint counsel. At
the request of the defendant or his or her counsel or upon its
own motion, the court shall recess the proceedings for as long
as may be reasonably necessary to permit counsel to confer
with the defendant and to form an opinion as to the mental
competence of the defendant at that point in time.
AS PASSED BY THE ASSEMBLY , this bill provided that a juvenile
court shall declare a doubt as to a minor's competency and
suspend criminal proceedings if during a juvenile criminal
proceeding a doubt is expressed as to the minor's sufficient,
present ability to consult with his or her lawyer with a
reasonable degree of rational understanding, and a rational as
well as factual understanding of the proceedings.
FISCAL EFFECT : According to the Senate Appropriations
Committee analysis, pursuant to Senate Rule 28.8, negligible
state costs.
COMMENTS : According to the author, "At the heart of any
criminal proceeding is the right of a criminal defendant to
fully and effectively participate in his or her own defense.
The U.S. Supreme Court in Drope vs. Missouri, quoting Blackstone
wrote, 'One who became "mad" after the commission of an offense
should not be arraigned for it "because he is not able to plead
to it with that advice and caution that he ought." Similarly,
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if he became "mad" after pleading, he should not be tried, "for
how can he make his defense?" This basic tenant of criminal law
also applies to juvenile defendants.' [In Re James H. (1978) 77
Cal.App.3rd 169.] Despite the Penal Code procedures for
determining competency in adult proceedings, a determination of
juvenile competency lives only in case law and the Rules of
Court. The absence of statutory authority for deciding juvenile
competency creates lack of certainty and disparate application
of existing case law.
"Juvenile adjudicative competency is governed by a combination
of California statute as it relates to adults, juvenile rules of
court, and controlling case law related to both minors and
adults. Legislative action is necessary to articulate the law
in a manner that provides the juvenile court with the
appropriate guidance, mandate and uniformity to ensure due
process of law.
"While case law suggest that courts may rely on adult competency
provisions in the absence of a juvenile statute on competency to
stand trial, adult competency statutes, do not address the
nuanced application of 'developmental immaturity' outlined in
case law relevant to determination of competency in juveniles.
Developmental immaturity simply means the minor is too young to
understand the proceedings or effectively assist counsel.
Moreover, evaluation of children requires a professional
expertise on child development, use of assessment instruments
unique to evaluations of children in order to identify a mental
disorder or developmental disability. For obvious reasons, the
adult statutes fail to address such standard of practice for
juveniles. Codification of a juvenile statute for competency to
stand trial is necessary to address a void in the statue that
unambiguously provides guidance on the rule of law for
competency in delinquency proceedings.
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0005732
AB 2212
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