California Penal Code CHAPTER 6 - Inquiry into the Competence of the Defendant Before Trial or After Conviction

• Section 1367.
  (a) A person cannot be tried or adjudged to punishment or have his or her probation, mandatory supervision, postrelease community supervision, or parole revoked while that...
• Section 1368.
  (a) If, during the pendency of an action and prior to judgment, or during revocation proceedings for a violation of probation, mandatory supervision, postrelease community supervision,...
• Section 1368.1.
  (a) (1) If the action is on a complaint charging a felony, proceedings to determine mental competence shall be held prior to the filing of an information...
• Section 1369.
  Except as stated in subdivision (g), a trial by court or jury of the question of mental competence shall proceed in the following order:(a) The court...
• Section 1369.1.
  (a) As used in this chapter, “treatment facility” includes a county jail. Upon the concurrence of the county board of supervisors, the county mental health director,...
• Section 1370.
  (a) (1) (A) If the defendant is found mentally competent, the criminal process shall resume, the trial on the offense charged or hearing on the alleged violation shall...
• Section 1370.01.
  (a) (1) If the defendant is found mentally competent, the criminal process shall resume, the trial on the offense charged shall proceed, and judgment may be pronounced....
• Section 1370.015.
  A person committed to the care of the State Department of State Hospitals because he or she is incompetent to stand trial or to be...
• Section 1370.02.
  (a) If the defendant is found mentally competent during a postrelease community supervision or parole revocation hearing, the revocation proceedings shall resume. The formal hearing on...
• Section 1370.1.
  (a) (1) (A) If the defendant is found mentally competent, the criminal process shall resume, the trial on the offense charged or hearing on the alleged violation shall...
• Section 1370.2.
  If a person is adjudged mentally incompetent pursuant to the provisions of this chapter, the superior court may dismiss any misdemeanor charge pending against the...
• Section 1370.3.
  A person committed to a state hospital or other treatment facility under the provisions of this chapter may be placed on outpatient status from such...
• Section 1370.4.
  If, in the evaluation ordered by the court under Section 1370.1, the regional center director, or a designee, is of the opinion that the defendant...
• Section 1370.5.
  (a) A person committed to a state hospital or other public or private mental health facility pursuant to the provisions of Section 1370, 1370.01, 1370.02, or...
• Section 1370.6.
  (a) If a mentally incompetent defendant is admitted to a county jail treatment facility pursuant to Section 1370, the department shall provide restoration of competency treatment...
• Section 1371.
  The commitment of the defendant, as described in Section 1370, 1370.1, 1370.01, or 1370.02, exonerates his or her bail, or entitles a person, authorized to...
• Section 1372.
  (a) (1) If the medical director of a state hospital or other facility to which the defendant is committed, or the community program director, county mental health...
• Section 1373.
  The expense of sending the defendant to the state hospital or other facility, and of bringing him or her back, are chargeable to the county...
• Section 1373.5.
  In every case where a claim is presented to the county for money due under the provisions of section 1373 of this code, interest shall...
• Section 1374.
  When a defendant who has been found incompetent is on outpatient status under Title 15 (commencing with Section 1600) of Part 2 and the outpatient...
• Section 1375.
  Claims by the state for all amounts due from any county by reason of the provisions of Section 1373 of this code shall be processed...
• Section 1375.5.
  (a) Time spent by a defendant in a hospital or other facility as a result of a commitment therein as a mentally incompetent pursuant to this...
• Section 1376.
  (a) As used in this section, “intellectual disability” means the condition of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested...

Last modified: October 22, 2018