{"code":"PEN","codeName":"Penal Code","section":"1367","citation":"Pen. Code, § 1367","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"PART 2. OF CRIMINAL PROCEDURE [681. - 1620.]","url":"https://blackletter.si/penal-code/part-2"},{"name":"TITLE 10. MISCELLANEOUS PROCEEDINGS [1268. - 1424.5.]","url":"https://blackletter.si/penal-code/part-2/title-10"},{"name":"CHAPTER 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367. - 1376.]","url":"https://blackletter.si/penal-code/part-2/title-10/chapter-6"}],"history":"Amended by Stats. 2019, Ch. 9, Sec. 4.   (AB 46)   Effective January 1, 2020.","effective":"2020-01-01","html":"<p>(a) A person shall not be tried or adjudged to punishment or have their probation, mandatory supervision, postrelease community supervision, or parole revoked while that person is mentally incompetent. A defendant is mentally incompetent for purposes of this chapter if, as a result of a mental health disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner.</p><p>(b) Section <a href=\"/pen/1370\">1370</a> applies to a person who is charged with a felony or alleged to have violated the terms of probation for a felony or mandatory supervision and is incompetent as a result of a mental health disorder. Section <a href=\"/pen/1370.01\">1370.01</a> applies to a person who is charged with a misdemeanor or misdemeanors only, or a violation of formal or informal probation for a misdemeanor, and the judge finds reason to believe that the defendant has a mental health disorder, and may, as a result of the mental health disorder, be incompetent to stand trial. Section <a href=\"/pen/1370.1\">1370.1</a> applies to a person who is incompetent as a result of a developmental disability and applies to a person who is incompetent as a result of a mental health disorder, but also has a developmental disability. Section <a href=\"/pen/1370.02\">1370.02</a> applies to a person alleged to have violated the terms of the person’s postrelease community supervision or parole.</p>","text":"(a) A person shall not be tried or adjudged to punishment or have their probation, mandatory supervision, postrelease community supervision, or parole revoked while that person is mentally incompetent. A defendant is mentally incompetent for purposes of this chapter if, as a result of a mental health disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner. (b) Section 1370 applies to a person who is charged with a felony or alleged to have violated the terms of probation for a felony or mandatory supervision and is incompetent as a result of a mental health disorder. Section 1370.01 applies to a person who is charged with a misdemeanor or misdemeanors only, or a violation of formal or informal probation for a misdemeanor, and the judge finds reason to believe that the defendant has a mental health disorder, and may, as a result of the mental health disorder, be incompetent to stand trial. Section 1370.1 applies to a person who is incompetent as a result of a developmental disability and applies to a person who is incompetent as a result of a mental health disorder, but also has a developmental disability. Section 1370.02 applies to a person alleged to have violated the terms of the person’s postrelease community supervision or parole.","otherVersions":[],"url":"https://blackletter.si/penal-code/inquiry-into-the-competence-of-the-defendant-before-trial-or-1367","source":"California Legislative Information bulk export (pubinfo)"}