CHAPTER 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367. - 1376.]
Heading of Chapter 6 amended by Stats. 1980, Ch. 547, Sec. 6.5.
§§ 1367–1376 · 23 sections
- § 1367 (a) A person shall not be tried or adjudged to punishment or have their probation, mandatory supervision, postrelease community supervision, or parole revoked…
- § 1368 (a) If, during the pendency of an action and prior to judgment, or during revocation proceedings for a violation of probation, mandatory supervision,…
- § 1368.1 (a) (1) If the action is on a complaint charging a felony, proceedings to determine mental competence shall be held prior to the filing of an information…
- § 1369 A determination of the question of mental competence shall proceed in the following order: (a) (1) The court shall suspend criminal proceedings and shall…
- § 1369.5 (a) A document submitted to a court pursuant to this chapter, including, but not limited to, Sections 1369, 1370, 1370.01, 1370.1, and 1372, is presumptively…
- § 1370 (a) (1) (A) If the defendant is found mentally competent, the criminal process shall resume, the trial on the offense charged or hearing on the alleged…
- § 1370.01 (a) If the defendant is found mentally competent, the criminal process shall resume, and the trial on the offense charged or hearing on the alleged violation…
- § 1370.015 A person committed to the care of the State Department of State Hospitals because he or she is incompetent to stand trial or to be adjudged to punishment is…
- § 1370.02 (a) If the defendant is found mentally competent during a postrelease community supervision or parole revocation hearing, the revocation proceedings shall…
- § 1370.1 (a) (1) (A) If the defendant is found mentally competent, the criminal process shall resume, the trial on the offense charged or hearing on the alleged…
- § 1370.2 If a person is adjudged mentally incompetent pursuant to the provisions of this chapter, the superior court may dismiss any misdemeanor charge pending against…
- § 1370.3 A person committed to a state hospital or other treatment facility under the provisions of this chapter may be placed on outpatient status from such commitment…
- § 1370.4 If, in the evaluation ordered by the court under Section 1370.1, the regional center director, or a designee, is of the opinion that the defendant is not a…
- § 1370.5 (a) A person committed to a state hospital or other public or private mental health facility pursuant to the provisions of Section 1370, 1370.01, 1370.02, or…
- § 1370.6 (a) If a mentally incompetent defendant is admitted to a county jail treatment facility pursuant to Section 1370, the department shall provide restoration of…
- § 1371 The commitment of the defendant, as described in Section 1370, 1370.1, 1370.01, or 1370.02, exonerates his or her bail, or entitles a person, authorized to…
- § 1372 (a) (1) If the medical director of a state hospital, a person designated by the State Department of State Hospitals at an entity contracted by the department…
- § 1373 The expense of sending the defendant to the state hospital or other facility, and of bringing him or her back, are chargeable to the county in which the…
- § 1373.5 In every case where a claim is presented to the county for money due under the provisions of section 1373 of this code, interest shall be allowed from the date…
- § 1374 When a defendant who has been found incompetent is on outpatient status under Title 15 (commencing with Section 1600) of Part 2 and the outpatient treatment…
- § 1375 Claims by the state for all amounts due from any county by reason of the provisions of Section 1373 of this code shall be processed and paid by the county…
- § 1375.5 (a) Time spent by a person in a treatment facility or county jail as a result of proceedings under this chapter shall be credited against the sentence, if any,…
- § 1376 (a) As used in this section, the following definitions shall apply: (1) “Intellectual disability” means the condition of significantly subaverage general…