Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant's mental competency is evaluated and if the defendant is found incompetent to stand trial. Existing law, in the case of a misdemeanor charge in which the defendant is found incompetent, requires the court to hold a hearing to determine if the defendant is eligible for diversion within 30 days after the finding of incompetence. Under existing law, if the hearing is delayed beyond 30 days, the court is required to release the defendant on their own recognizance pending the hearing.
This bill would instead require that hearing to be held within 29 days and would require, if the hearing is delayed beyond 29 days, the court to release the defendant on their own recognizance pending the hearing.

Statutes affected:
SB 396: 1370.01 PEN
02/14/25 - Introduced: 1370.01 PEN