BILL NUMBER: SB 568	CHAPTERED
	BILL TEXT

	CHAPTER  556
	FILED WITH SECRETARY OF STATE  OCTOBER 12, 2007
	APPROVED BY GOVERNOR  OCTOBER 12, 2007
	PASSED THE SENATE  SEPTEMBER 7, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 4, 2007
	AMENDED IN ASSEMBLY  AUGUST 27, 2007
	AMENDED IN ASSEMBLY  AUGUST 20, 2007
	AMENDED IN ASSEMBLY  JUNE 28, 2007
	AMENDED IN ASSEMBLY  JUNE 25, 2007
	AMENDED IN SENATE  MAY 2, 2007
	AMENDED IN SENATE  APRIL 9, 2007

INTRODUCED BY   Senator Wiggins

                        FEBRUARY 22, 2007

   An act to amend Section 1369 of, and to add and repeal Section
1369.1 of, the Penal Code, relating to criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 568, Wiggins. Criminal procedure: mental competence.
   Existing law prohibits a person from being tried or adjudged to
punishment while that person is mentally incompetent. If a defendant
is found to be mentally incompetent, the trial or judgment shall be
suspended until the person becomes mentally competent, during which
time the court shall order that the mentally incompetent defendant be
delivered to a state hospital or to any other available public or
private treatment facility, or be placed on outpatient status, as
specified. After the court-appointed psychiatrist examines the
defendant and forms an opinion about whether or not treatment of the
defendant with antipsychotic medication is appropriate, he or she is
required to inform the court of his or her opinions as to the likely
side effects of that medication, the efficacy of the medication, and
possible alternative treatments.
   This bill would include within that requirement that the
psychiatrist also inform the court whether it is medically
appropriate to administer antipsychotic medication in the county
jail. The bill would provide that the term "treatment facility" as
used in these provisions, for the sole purpose of administering
antipsychotic medication pursuant to a court order, includes a county
jail that, upon the concurrence of the county board of supervisors
and the county sheriff, the county mental health director, or the
chief of corrections, as specified, may be designated to provide
medically approved medication to defendants found to be mentally
incompetent due to a mental disorder. The bill would limit treatment
in these facilities to a maximum of 6 months. The bill would require
the State Department of Mental Health to report to the Legislature,
not later than January 1, 2009, on specified topics relating to
treatment, pursuant to the provisions of the bill, of defendants who
are incompetent to stand trial. The bill would provide that its
provisions would be repealed on January 1, 2010.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature to assure timely
and humane access to court-approved psychiatric medications while
individuals are in jail and awaiting transfer to a state psychiatric
hospital for restoration of competency.
  SEC. 2.  Section 1369 of the Penal Code is amended to read:
   1369.  A trial by court or jury of the question of mental
competence shall proceed in the following order:
   (a) The court shall 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. The examining
psychiatrists or licensed psychologists shall evaluate the nature of
the defendant's mental disorder, if any, the defendant's ability or
inability to understand the nature of the criminal proceedings or
assist counsel in the conduct of a defense in a rational manner as a
result of a mental disorder and, if within the scope of their
licenses and appropriate to their opinions, whether or not treatment
with antipsychotic medication is medically appropriate for the
defendant and whether antipsychotic medication is likely to restore
the defendant to mental competence. If an examining psychologist is
of the opinion that antipsychotic medication may be medically
appropriate for the defendant and that the defendant should be
evaluated by a psychiatrist to determine if antipsychotic medication
is medically appropriate, the psychologist shall inform the court of
this opinion and his or her recommendation as to whether a
psychiatrist should examine the defendant. The examining
psychiatrists or licensed psychologists shall also address the issues
of whether the defendant has capacity to make decisions regarding
antipsychotic medication and whether the defendant is a danger to
self or others. If the defendant is examined by a psychiatrist and
the psychiatrist forms an opinion as to whether or not treatment with
antipsychotic medication is medically appropriate, the psychiatrist
shall inform the court of his or her opinions as to the likely or
potential side effects of the medication, the expected efficacy of
the medication, possible alternative treatments, and whether it is
medically appropriate to administer antipsychotic medication in the
county jail. If it is suspected the defendant is developmentally
disabled, the court shall appoint the director of the regional center
for the developmentally disabled established under Division 4.5
(commencing with Section 4500) of the Welfare and Institutions Code,
or the designee of the director, to examine the defendant. The court
may order the developmentally disabled defendant to be confined for
examination in a residential facility or state hospital.
   The regional center director shall recommend to the court a
suitable residential facility or state hospital. Prior to issuing an
order pursuant to this section, the court shall consider the
recommendation of the regional center director. While the person is
confined pursuant to order of the court under this section, he or she
shall be provided with necessary care and treatment.
   (b) (1) The counsel for the defendant shall offer evidence in
support of the allegation of mental incompetence.
   (2) If the defense declines to offer any evidence in support of
the allegation of mental incompetence, the prosecution may do so.
   (c) The prosecution shall present its case regarding the issue of
the defendant's present mental competence.
   (d) Each party may offer rebutting testimony, unless the court,
for good reason in furtherance of justice, also permits other
evidence in support of the original contention.
   (e) When the evidence is concluded, unless the case is submitted
without final argument, the prosecution shall make its final argument
and the defense shall conclude with its final argument to the court
or jury.
   (f) In a jury trial, the court shall charge the jury, instructing
them on all matters of law necessary for the rendering of a verdict.
It shall be presumed that the defendant is mentally competent unless
it is proved by a preponderance of the evidence that the defendant is
mentally incompetent. The verdict of the jury shall be unanimous.
  SEC. 3.  Section 1369.1 is added to the Penal Code, to read:
   1369.1.  (a) As used in this chapter, for the sole purpose of
administering antipsychotic medication pursuant to a court order,
"treatment facility" includes a county jail. Upon the concurrence of
the county board of supervisors, the county mental health director,
and the county sheriff, the jail may be designated to provide
medically approved medication to defendants found to be mentally
incompetent and unable to provide informed consent due to a mental
disorder, pursuant to this chapter. In the case of Madera, Napa, and
Santa Clara Counties, the concurrence shall be with the board of
supervisors, the county mental health director, and the county
sheriff or the chief of corrections. The provisions of Section 1370
and 1370.01 shall apply to antipsychotic medications provided in a
county jail, provided however, that the maximum period of time a
defendant may be treated in a treatment facility pursuant to this
section shall not exceed six months.
   (b) The State Department of Mental Health shall report to the
Legislature on or before January 1, 2009, on all of the following:
   (1) The number of defendants in the state who are incompetent to
stand trial.
   (2) The resources available at state hospitals and local mental
health facilities, other than jails, for returning these defendants
to competence.
   (3) Additional resources that are necessary to reasonably treat,
in a reasonable period of time, at the state and local levels,
excluding jails, defendants who are incompetent to stand trial.
   (4) What, if any, statewide standards and organizations exist
concerning local treatment facilities that could treat defendants who
are incompetent to stand trial.
   (5) Address the concerns regarding defendants who are incompetent
to stand trial who are currently being held in jail awaiting
treatment.
   (c) Nothing in this section shall be construed to abrogate or in
any way limit any provision of law enacted to ensure the due process
rights set forth in Sell v. United States (2003) 539 U.S. 166.
   (d) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.