When a doubt arises in the trial court judge’s mind regarding the mental competency of a criminal defendant, the judge may order a hearing to determine the defendant’s competency. (PC 1368(a)-(b).)
Court must order such a hearing if defense counsel declares a doubt. (PC 1368(b).)
All criminal proceedings are suspended once the order issues. (PC 1368(c).)
Overall Procedure: Incompetency Commitment
A defendant found mentally incompetent to stand trial shall be committed by court order
If the designated medical professional finds that the defendant’s competency has been restored, the person files a certified of restoration, triggering the defendant’s return to court.
Following the defendant’s return, the court holds a hearing to determine whether to approve or reject the certificate
If the defendant has not regained competency within two years of the date of commitment, the defendant is either released or subject to civil conservatorship proceedings.
Competency Hearing
Before evidence is introduced, the defendant is presumed to be competent. (PC 1369(f).)
The defense has the burden of offering evidence of incompetency. (PC 1369(b).)
Assist Attorney in Presenting Defense. Defendant’s unwillingness to cooperate with counsel does not demonstrate incompetence. (People v. Johnson (2018) 6 Cal.5th 541, 576.)
Where defendant is unwilling to discuss case with counsel rather than unable to discuss the case, that does not demonstrate incompetence. “Voluntary barriers to communication with counsel on the part of a defendant who was able to cooperate do not demonstrate incompetence. (People v. Mendoza (2016) 62 Cal.4th 856, 879.)
Competency Hearing: Finding of Incompetence
If a defendant is found incompetent, criminal proceedings remain “suspended until the person becomes mentally competent,” and the court issues a commitment order. (PC 1370(a)(1)(B).)
“The court shall order that the mentally incompetent defendant be delivered by the sheriff to a State Department of State Hospitals facility…or to any other available…facility…or placed on outpatient status as specified in Section 1600.” (PC 1370(a)(1)(B)(i).)
Return to Court. Defendant is returned to court when any of the following occurs:
(1) a medical director or comparable personnel certifies to the court that the defendant has been restored to competency. (PC 1372(a).)
Medical professional files a certificate of restoration
Within 10 days of filing, D shall be returned to the committing court
If committing court approves the certificate of restoration, criminal proceedings resume. (PC 1370(a)(1)(A).)
(2) an appointed psychiatrist or psychologist opines that the D has regained competency. (PC 1370(a)(1)(G).)
(3) the court determines that treatment for the D’s mental impairment is not being conducted. (PC 1370(b)(4).)
(4) a medical director or comparable personnel reports to the court that there is no substantial likelihood the defendant will regain competency in the foreseeable future. (PC 1370(b)(1)(A).)
(5) the maximum commitment period set by section 1370(c)(1) has been reached. (PC 1370(c)(1).)