Legislative Oversight Committee Concerning the Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems. Under existing law, when criminal charges are dismissed against a person receiving inpatient restoration services from the department of human services (DHS), DHS must stop providing services to the person. The bill permits DHS to continue to provide services for up to 90 days after the person's case is dismissed because the person is incompetent to proceed. DHS is permitted to enter into an agreement with an organization to provide permanent supportive housing for a person whose case is dismissed because the person is incompetent to proceed or the person has successfully completed a bridges wraparound care program, and for a person who has been referred to the bridges wraparound care program.
The bill requires DHS to collect information for each person whose charges are dismissed following a determination by the court that the person is incompetent to proceed or following satisfactory completion of a bridges wraparound care program, or who has been referred to the bridges wraparound care program, concerning where the person lives or intends to live following the dismissal or referral. DHS shall share that information with the division of housing in the department of local affairs. The bill changes the deadline for a party to request a second competency evaluation from 7 days after receiving the first competency evaluation report to 14 days after receipt of the report. The bill requires DHS to use a second evaluation to ensure that it complies with its responsibilities. The bill requires a competency evaluator to use due diligence in the review of prior competency opinions regarding the defendant and explain the evaluator's difference from any prior opinions. If the defendant requests a second evaluation conducted by a competency evaluator of the defendant's choosing, the bill requires a court to provide to DHS the results of that evaluation.
The bill requires the judicial department to develop a form for a court to use to notify DHS of the court's specific findings when the court denies a personal recognizance bond and orders inpatient restoration services for a defendant who is in custody for a misdemeanor, petty offense, or traffic offense, and who the court determines is incompetent to proceed but there is a substantial probability that the defendant, with restoration services, will attain competency in the reasonably foreseeable future.
The bill states that a defendant's competency status does not affect the defendant's eligibility for release on bond and is not a basis for a no-bond hold or mental health stay. A court shall not consider competency status as a factor in setting or modifying a monetary condition of bond. The bill requires a court to convert an order for in-custody or inpatient evaluation or restoration to an order for out-of-custody and outpatient evaluation or restoration if the defendant is released on bond while awaiting an in-custody or inpatient evaluation or restoration. The bill requires a person authorized to request that a court order a party to initiate a petition to certify a defendant for short-term treatment to make a specific request before the court orders a party to initiate the petition. If the court requires the requesting party to initiate certification for short-term treatment, existing law permits the court to forgo an order for restoration services and dismiss the charges against the defendant without prejudice if the highest charged offense is a petty offense, traffic offense, or misdemeanor offense. The bill clarifies that this provision applies if the defendant's highest charged offense is a misdemeanor that is not subject to mandatory dismissal.
If the court requires the requesting party to initiate certification for short-term treatment, existing law permits the court, with the agreement of the prosecuting attorney and defendant, to stay the restoration order to allow certification for short-term treatment proceedings to occur and allow the district attorney to consider whether dismissal of the case is appropriate. The bill makes this apply if the defendant's highest charged offense is a felony.
If a final determination is made that the defendant is incompetent to proceed, existing law requires a court to set a hearing if it receives, prior to ordering restoration treatment, a competency evaluator's report concluding that there is not a substantial probability that the defendant, with restoration services, will attain competency within the reasonably foreseeable future. The bill makes the hearing upon request of a party. The bill permits either party to request a hearing or a second evaluation within 14 days after receipt of a court-ordered report regarding the defendant's competency. If a final determination is made that the defendant is incompetent to proceed, existing law requires a court to set a hearing if, prior to ordering restoration treatment, a competency evaluator or other expert opines that the defendant's diagnosis likely includes a moderate to severe intellectual or developmental disability, acquired traumatic brain injury, or dementia, which either alone or together with a co-occurring mental illness, affects the defendant's ability to gain or maintain competency. The bill makes the hearing upon request of a party. If, in the process of coordinating outpatient restoration services for a defendant, DHS determines that the defendant meets the standard for a certification for short-term treatment, DHS may request, in writing, that the court refer the matter for filing of a petition for short-term treatment and authorize DHS to file the petition. The bill repeals the requirement for a DHS treatment team to provide to a court, before the court's review of a case in which it has ordered commitment or outpatient restoration services, any opinions which would be required during an initial evaluation. The bill requires a court to give due weight to the opinion of a professional person employed by or under contract with the office of civil and forensic mental health (OCFMH) before ordering a person to initiate a proceeding for a certification for short-term treatment of the defendant. The bill clarifies that a professional person who the court may order to initiate the proceeding is not employed by or under contract with the behavioral health administration or OCFMH. The bill requires a court to make findings about whether there are reasonable grounds to believe a person meets the standard for a certification for short-term treatment prior to dismissing charges against the person for certain competency reasons. Under existing law, if the court finds there are reasonable grounds, the court may stay the dismissal for 35 days. The bill permits the court to extend the stay any number of times with the consent of the defendant and a limited number of times upon request of the prosecution, if the court finds good cause. If the charges are dismissed, the court shall notify DHS in writing that the charges were dismissed and the reason for the dismissal. The bill requires a court to vacate any existing order and not enter a new order directing DHS to conduct a competency evaluation or provide restoration services to a defendant if the defendant was accepted to participate in the bridges wraparound care program. The bill tolls the time limitations to commence a criminal proceeding against a defendant while the offender is in a competency-related diversion or deflection program. The bill tolls the time limitations to commence a criminal proceeding against a defendant beginning when the defendant's case is dismissed without prejudice for the purpose of facilitating certification for short-term treatment until either the defendant's criminal case is re-filed or 6 months have passed since the case was dismissed, whichever is earlier.
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
