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Summary:

In a trial to determine the mental competence of a defendant, the court must appoint a psychiatrist or licensed psychologist to examine the defendant. If the defendant is not seeking a finding of mental incompetence, the court shall appoint two psychiatrists or psychologists. The examiners shall evaluate the nature of the defendant's mental disorder, the defendant's ability to understand the nature of the criminal proceedings, and whether antipsychotic medication is medically appropriate to restore the defendant to mental competence. The psychiatrist shall inform the court of the appropriateness of antipsychotics. If the defendant is thought to be developmentally disabled, the court shall order the regional director for the developmentally disabled to examine the defendant. The prosecution and defense may offer evidence as to the defendant's mental competence.

Summary:

(b) The medical director of the facility to which the defendant is confined shall submit a written report of the defendant's progress toward recovery of mental competence to the court and the community program director. For defendants placed on outpatient status, the outpatient staff shall submit a report to the community program director who shall report to the court. (c)(1) If the defendant has not recovered mental competence after 3 years, the defendant must return to court. (2) If the defendant appears to be gravely disabled the court shall order conservatorship proceedings to be initiated. A copy of such order and the outcome of the proceedings shall be sent to the community program director, the sheriff, the district attorney, and the defendant's counsel. (3) If change in placement is proposed, the sheriff and district attorney should be notified of the proposal and given an opportunity to be heard. (4) If the defendant is confined to a facility, the court shall provide a copy of any report of the

Summary:

(b) The medical director of the facility to which the defendant is confined shall submit a written report of the defendant's progress toward recovery of mental competence to the court and the county mental health director. For defendants placed on outpatient status, the outpatient staff shall submit a report to the county mental health director who shall report to the court. (c)(1) If the defendant has not recovered mental competence after 1 year, the defendant must return to court. (2) If the defendant appears to be gravely disabled the court shall order conservatorship proceedings to be initiated. A copy of such order and the outcome of the proceedings shall be sent to the county mental health director.

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