BILL ANALYSIS �
AB 2625
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Date of Hearing: April 30, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2625 (Achadjian) - As Amended: April 24, 2014
Policy Committee: Public
SafetyVote: 6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill specifies procedures relative to returning to court a
defendant committed to a state hospital or other facility for
treatment as incompetent to stand trial (IST) who has not
recovered competency. Specifically, this bill:
1)Requires the medical director of the state hospital or other
facility, if the medical director's report regarding the
defendant's progress toward competency indicates it is
unlikely the defendant will regain competence in the
foreseeable future, to notify the committing county's sheriff
that transportation will be needed for the patient's return to
court.
2)Requires that an IST defendant committed to a state hospital
to regain mental competency, but who has not recovered
competency, be returned to the committing court no later than
90 days before the expiration of the defendant's term of
commitment.
FISCAL EFFECT
1)No significant state costs, to the extent this bill expedites
the return to the county of commitment IST defendants who
cannot be restored to competency. To the extent IST beds in
state hospitals open, they will be immediately filled from the
existing waiting list of IST patients, who remain in county
jail until a bed becomes available.
2)To the extent this bill expedites the return to the county of
commitment IST defendants who cannot be restored to
AB 2625
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competency, county costs for conservatorships would increase,
though offset to a degree by fewer IST patients in county
jails.
COMMENTS
1)Rationale . According to the sponsor of this measure, the
Department of State Hospitals (DSH), this bill is intended to
reduce the backlog of patients awaiting a state hospital
placement in county jails by ensuring defendants found
incompetent to stand trial (IST) who cannot be restored to
trial competency are returned to their original county of
commitment in a timely manner.
DHS states, "The failure to retrieve IST patients in a timely
manner poses a substantial problem for the justice system by
occupying IST program space needed for other patients waiting
in county jails. It also delays the resolution of court cases
of IST patients who can be restored to competency
successfully.
2)Current law requires, if a defendant is found IST, trial or
judgment is suspended until the person regains competency. If
a defendant is found mentally incompetent, the court orders
the defendant to be delivered by the sheriff to a state
hospital for the care and treatment of the mentally disordered
or any other public or private treatment facility that will
assist restoration of mental competence.
Requires a medical director of the state hospital or other
treatment facility, or the outpatient treatment staff if the
defendant is on outpatient status, to report to the court and
the community program director for the county or region of
commitment, or a designee, concerning the defendant's progress
toward recovery of mental competence within 90 days of the
order of commitment, or placement on outpatient status, and at
6-month intervals thereafter or until the defendant regains
competency.
Requires the committing court to order the defendant returned
to the court for conservatorship proceedings if the report
indicates there is no substantial likelihood the defendant
will regain mental competence in the foreseeable future.
Requires a defendant who has not recovered mental competence
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to be returned to the committing court after three years from
the date of commitment or after a commitment equal to the
maximum term of imprisonment for the most serious offense
charged, whichever is shorter.
3)The DSH current population: (4,967) at Atascadero, Coalinga,
Metropolitan, Napa, and Patton State Hospitals comprises 1,350
persons NGI; 1,283 persons found IST; 258 mentally ill CDCR
commitments; 1,154 mentally disordered offenders; 897 sexually
violent predators; and 25 mentally disordered sex offenders.
4)Support includes the CA District Attorneys Association and the
CA State Sheriffs Association.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081