Penal Code 1368

Summary:

If during a pending action the judge doubts the defendant's mental competence to stand trial, the judge must state this and the reasons for the doubt in the record. The judge shall ask the defendant's attorney for her opinion of the defendant's mental competence. If the attorney believes the defendant is or may be mentally incompetent, the court shall order a hearing to determine the defendant's mental competence and may also order a hearing even if the attorney believes the defendant is mentally competent.

Data Origin: 
Judge
Parties Bound: 
Judge
Associated Federal Law(s):  
Uses and disclosures for which an authorization or opportunity to agree or object is not requiredfor judicial and administrative proceedings