Amended  IN  Senate  April 15, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 317

Introduced by Senator Stern

February 04, 2021

An act to repeal and amend Section 4019 of, and to repeal and add Section 1370.01 of the Penal Code, relating to criminal procedure.


LEGISLATIVE COUNSEL'S DIGEST


SB 317, as amended, Stern. Competence to stand trial.
(1) 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 by which the defendant receives treatment, including, if applicable, antipsychotic medication, with the goal of returning the defendant to competency. Existing law suspends a criminal action pending restoration to competency.
This bill would repeal existing law providing the process for restoring provisions regarding the restoration of competency for a person charged with a misdemeanor, or a violation of probation for a misdemeanor, including provisions regarding administration for antipsychotic medication. This bill would replace these provisions and The bill would instead authorize the court to conduct an inquiry into a defendant’s competency, as specified. The bill would permit authorize a court, upon finding the defendant incompetent to stand trial, to suspend the proceedings and take certain actions, including granting diversion not to exceed one year, referring the matter to alternative justice, diversion, or community treatment programs with the goal of improving mental health, evaluate whether to refer the matter for conservatorship proceedings, or to dismiss year or dismissing the charges, as specified.
(2) Existing law provides that a prisoner, who, for specified reasons, is confined in or committed to a county jail, industrial farm, or road camp, or a city jail, industrial farm, or road camp, shall, for each 4-day period of custody, have 2 days deducted from the prisoner’s period of confinement, except as specified. Existing law, until January 1, 2023, allows credits earned for a period of flash incarceration imposed by a county probation department to be counted towards the term to be served if the person’s probation or mandatory supervision is revoked.

The bill would permit

This bill would extend the application of conduct credits for to persons confined in a state hospital or other mental health treatment facility pending their return of mental competency. The bill would eliminate competency, and would eliminate the application of conduct credits earned during a period of flash incarceration.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1370.01 of the Penal Code is repealed.

SEC. 2.

 Section 1370.01 is added to the Penal Code, to read:

1370.01.
 (a) If the defendant is found mentally competent, the criminal process shall resume, and the trial on the offense charged shall proceed.
(b) If the defendant is found mentally incompetent, the trial, judgment, or hearing on the alleged violation shall be suspended and the court may do any of the following:
(1) Conduct a hearing, pursuant to Chapter 2.8A (commencing with Section 1001.35) of Title 6, and, if the court deems the defendant eligible, grant diversion pursuant to Section 1001.36 for a period not to exceed one year from the date the individual is accepted into diversion or the maximum term of imprisonment provided by law for the most serious offense charged in the misdemeanor complaint, whichever is shorter.
(2) (A) Refer the matter to any other available collaborative justice, diversion court, or community-based treatment appropriate to the goal of improving the mental health of the defendant. defendant pursuant to subparagraph (B). The term on diversion or mandatory treatment pursuant to this section shall not exceed one year from the date the individual is accepted or the maximum term of imprisonment provided by law for the most serious offense charged in the misdemeanor complaint, whichever is shorter. Criminal proceedings shall remain suspended until diversion or mandatory treatment is terminated.
(B) A referral to collaborative justice, diversion court, or community-based treatment shall be made only if all of the following apply:
(i) The entity receiving the referral agrees to accept responsibility for the treatment of the defendant.
(ii) Mental health services are provided only to the extent that resources are available.
(iii) The defendant is eligible for the mental health services specified under clause (ii).
(3) Dismiss the charges pursuant to Section 1385. If the criminal action is dismissed, the court shall transmit a copy of the order of dismissal to the county mental health director or the director’s designee.
(c) If the defendant performs satisfactorily on diversion or mandatory treatment pursuant to this section, at the end of the period of diversion or mandatory treatment, the court shall dismiss the criminal charges that were the subject of the criminal proceedings at the time of the initial diversion or treatment.
(d) If any of the following circumstances exists, the court shall, after notice to the defendant, defense counsel, and the prosecution, hold a hearing to determine whether the mandatory treatment pursuant to subdivision (b) should be modified or whether the defendant should be referred to the county conservatorship investigator for the county of commitment to initiate for possible conservatorship proceedings for the defendant pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code:
(1) The defendant is charged with an additional misdemeanor allegedly committed during diversion that reflects the defendant’s propensity for violence.
(2) The defendant is charged with a felony allegedly committed during diversion.
(3) The defendant engaged in criminal conduct rendering the defendant unsuitable for diversion.
(4) Based on the opinion of a qualified mental health expert whom the court deems appropriate, either of the following circumstances exist:
(A) The defendant is performing unsatisfactorily in the assigned program.
(B) The defendant is gravely disabled, as defined in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code. A defendant shall only be referred to the conservatorship investigator pursuant to this finding. Any hearings required in the conservatorship proceedings shall be held in the superior court in the county that ordered the commitment. The court shall transmit a copy of the order directing initiation of conservatorship proceedings to the county mental health director or the director’s designee and shall notify the county mental health director or the director’s designee of the outcome of the proceedings to initiate conservatorship proceedings pursuant to Sections 5352 and 5352.5 of the Welfare and Institutions Code. Before establishing a conservatorship, the public guardian shall investigate all available alternatives to conservatorship pursuant to Section 5354 of the Welfare and Institutions Code. If the outcome of the conservatorship proceedings results in the establishment of conservatorship, the charges shall be dismissed pursuant to Section 1385.
(e) If the defendant is found mentally incompetent and is on a grant of probation for a misdemeanor offense, the court shall dismiss the pending revocation matter and may return the defendant to supervision. If the revocation matter is dismissed pursuant to this subdivision, the court may modify the terms and conditions of supervision to include appropriate mental health treatment.

SEC. 3.

 Section 4019 of the Penal Code, as amended by Section 3 of Chapter 44 of the Statutes of 2019, is repealed.

SEC. 4.

 Section 4019 of the Penal Code, as amended by Section 4 of Chapter 44 of the Statutes of 2019, is amended to read:

4019.
 (a) This section applies in all of the following cases:
(1) When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date when the sentence commences, under a judgment of imprisonment or of a fine and imprisonment until the fine is paid in a criminal action or proceeding.
(2) When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence in a criminal action or proceeding.
(3) When a prisoner is confined in or committed to a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding other than a criminal action or proceeding.
(4) When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.
(5) When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as part of custodial sanction imposed following a violation of postrelease community supervision or parole.
(6) When a prisoner is confined in a county jail, industrial farm, or road camp or a city jail, industrial farm, or road camp as a result of a sentence imposed pursuant to subdivision (h) of Section 1170.
(7) When a prisoner participates in a program pursuant to Section 1203.016 or Section 4024.2. Except for prisoners who have already been deemed eligible to receive credits for participation in a program pursuant to Section 1203.016 prior to January 1, 2015, this paragraph shall apply prospectively.
(8) When a prisoner is confined in or committed to a state hospital or other mental health treatment facility, to a county jail treatment facility, as defined in Section 1369.1, in proceedings pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2.
(b) Subject to subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoner’s period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(c) For each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from the prisoner’s period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(d) This section does not require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of an industrial farm or road camp.
(e) A deduction shall not be made under this section unless the person is committed for a period of four days or longer.
(f) It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody.
(g) The changes in this section as enacted by the act that added this subdivision shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after the effective date of that act.
(h) The changes to this section enacted by the act that added this subdivision shall apply prospectively and shall apply to prisoners who are confined to a county jail, city jail, industrial farm, or road camp for a crime committed on or after October 1, 2011. Any days earned by a prisoner prior to October 1, 2011, shall be calculated at the rate required by the prior law.
(i) This section shall not apply, and no credits may be earned, for periods of flash incarceration imposed pursuant to Section 3000.08 or 3454.
(j) This section shall become operative on January 1, 2022.