California legislation · 2025-2026 Regular Session
California SB1401: Criminal procedure: competence to stand trial.
Status: Chaptered, September 30, 2026
What the bill says
An act to amend Sections 1370 and 1370.01 of the Penal Code, relating to criminal procedure. criminal procedure Criminal procedure: competence to stand trial. Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law requires the court to, for a person found mentally incompetent and not charged with certain felony offenses, among other things, determine whether restoring the person to mental competence is in the interests of justice…
From the chaptered text, September 30, 2026:
An act to amend Sections 1370 and 1370.01 of the Penal Code, relating to criminal procedure. criminal procedure Criminal procedure: competence to stand trial. Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law requires the court to, for a person found mentally incompetent and not charged with certain felony offenses, among other things, determine whether restoring the person to mental competence is in the interests of justice. Existing law requires the court to, if restoring the person to mental competence is not in the interests of justice, conduct a hearing, as specified, and determine the person’s eligibility for diversion. Under existing law, if the court determines that the person is ineligible or unsuitable for diversion, the court is authorized to hold a hearing to determine the person’s other options, including referral to assisted outpatient treatment, county conservatorship, and the CARE program. Existing law requires a person’s charges to be dismissed if the person is accepted into assisted outpatient treatment or the CARE program or upon a filing of either a temporary or permanent conservatorship petition. This bill would authorize a county behavioral health agency to report to the court regarding relevant confidential medical information for the purpose of determining eligibility for behavioral health services pursuant to the above provisions. …