AB 1946

Bill Subjects

Abstract

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 by which the defendant receives treatment with the goal of returning the defendant to competency. Existing law allows a mentally incompetent defendant to be committed to the State Department of State Hospitals or other public or private treatment facility. Existing law establishes a procedure of diversion for defendants with mental disorders through which the court is authorized to grant pretrial diversion, for a period no longer than 2 years, to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. This bill would, among other things, revise those provisions to require the county board of supervisors to adopt a plan to create a diversion program in that county before diversion may be requested or granted for individuals charged with felonies and would authorize the board of supervisors to adopt additional criteria for an individual's participation in the diversion program. These requirements would not apply to an individual who was granted diversion prior to the effective date of the bill. The bill would also make defendants who have committed certain crimes, including murder, voluntary manslaughter, and rape, ineligible for the diversion program. The bill would authorize a court to grant a one-year extension of the diversion period and would establish a process and criteria for granting that extension. The bill would prohibit a person granted diversion under the program or other law, as specified, from purchasing or receiving a firearm, or having in his or her possession, custody, or control, a firearm during the period of diversion and for a period of 5 years from the date of dismissal of the charges upon successful completion of the program and would require the defendant to be advised of that prohibition. The bill would authorize a person who is granted diversion to file a petition for an order permitting him or her to own, possess, control, receive, or purchase a firearm. The bill would also require a court to conduct a hearing to determine whether restitution is owed to any victim as a result of the diverted offense and, if owed, to order its payment during the period of diversion.