SB 1400

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 if the defendant is found incompetent to stand trial, the proceedings are suspended while the defendant receives treatment, with the goal of restoring the defendant to competency. Existing law, in the case of a misdemeanor charge in which the defendant is found incompetent, requires the court to either dismiss the case or hold a hearing to determine if the defendant is eligible for diversion. Under existing law, if the defendant is not eligible for diversion, the court may hold another hearing to decide if the defendant should be referred for outpatient treatment, conservatorship, or the CARE program, or if the defendant's treatment plan should be modified. Existing law requires that the charges be dismissed if a defendant is accepted into outpatient treatment or the CARE program. Existing law also requires the court, if the defendant is already on a grant of diversion for a misdemeanor case, to dismiss the current case and return the defendant to supervision. This bill would remove the option for the court to dismiss the case and would instead require the court to hold a hearing to determine if the defendant is eligible for diversion. If the defendant is not eligible for diversion, the bill would require the court to hold a hearing to determine whether the defendant will be referred to outpatient treatment, conservatorship, or the CARE program, or if the defendant's treatment plan will be modified. If the defendant is accepted into assisted outpatient treatment, has a petition for the establishment of a conservatorship filed, or is accepted into CARE, the bill would require the court to dismiss the charges at specified timeframes, except as specified. The bill would require the court to dismiss the case if a defendant does not qualify for the above-described services. This bill would also remove the requirement that the court dismiss the case if the defendant is already on a grant of diversion for a misdemeanor case. Existing law prohibits a court from suspending proceedings of a prosecution on a charge of driving under the influence of an alcoholic beverage for the purpose of allowing the defendant to participate in education, training, or treatment programs. This bill would allow for a mentally incompetent defendant who is charged with misdemeanor driving under the influence to be placed in a mental health diversion program, as specified. Existing law requires the State Department of Health Care Services, in consultation with the Judicial Council, to develop an annual reporting schedule for the submission of CARE Act data from the trial courts and requires the Judicial Council to aggregate the data and submit it to the department. Existing law requires the department, in consultation with various other entities, to develop an annual CARE Act report and requires county behavioral health agencies and other local governmental entities to provide the department with specified information for that report. Existing law requires the annual report to be posted on the department's internet website. This bill would expand the data to be compiled and reported to the Judicial Council to include the total number of CARE plans ordered and CARE agreements approved, among other information, and would expand the information compiled from county behavioral health departments to include information on all active and former participants for a period of time after the conclusion of CARE program services, to be determined by the State Department of Health Care Services, in consultation with county behavioral health agencies and courts. The bill would also expand the information collected by county behavioral health departments and courts to include outreach and engagement activities provided by county behavioral health agencies, the number of days between a petition and its disposition, and, in consultation with the department and county behavioral health departments, the number, rates, and trends of contacts made to a county behavioral health agency about individuals eligible or likely to be eligible for the CARE process, among others. The bill would require the measures and reporting requirements to be developed by the department, in consultation with county behavioral health agencies. By increasing the duties of a local agency, this bill would impose a state-mandated local program. The bill would, beginning in 2026, require the department to include in its annual CARE Act report quantitative deidentified information to include specified information aggregated by county, such as demographic information of each CARE Act participant and the number of CARE petitions filed with the superior court, among others. This bill would incorporate additional changes to Section 1001.36 of the Penal Code proposed by SB 1323 and additional changes to Section 5985 of the Welfare and Institutions Code proposed by SB 42, to be operative only if this bill and SB 1323 and SB 42 are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.