The competency to stand trial statute in the State of California is found at California Penal Code 1368. The laws in California mirror those included in the 14 Amendment Due Process Clause.
One of the main differences is that California laws provide that a judge may only order a competency hearing if the following elements are present:
- The defense presents what could be considered substantial evidence;
- This evidence shows that the defendant is not mentally competent to stand trial.
In addition, California laws provide that defendants may appeal competency determinations, and these appeals may be made at any stage of a criminal case. A defendant may appeal if the judge chooses not to hold a competency hearing or if the judge or jury concludes that the defendant is mentally competent to stand trial.
What Is Mental Competence?
In order for a defendant to stand trial in a criminal court, they have to be mentally competent. A defendant will, in general, be considered mentally competent to stand trial if they can fully understand and participate in their legal proceedings.
The Due Process Clause of the 14th Amendment prohibits the prosecution of a mentally incompetent individual. Because of this prohibition, if a defendant is found to be mentally incompetent, they may not be able to stand trial.
It is important to note that a defendant being declared mentally incompetent is different from the defendant being declared mentally insane in a legal context. Insanity indicates that at the time a crime was committed, the defendant was not in their right mind, and because of this, they cannot be held liable for criminal actions they committed while they were in that mental state.
In addition, insanity is a defense that can be presented against charges, whereas mental incompetency to stand trial is not. The theory behind an insanity defense is that an individual should not be punished because they were not able to form the willful intent necessary to commit an offense.
Mental competency of a defendant is determined prior to their criminal trial. A defendant who is considered mentally competent defendant will be able to understand:
- Who all courtroom professionals are, including the:
- What the court proceedings are;
- What crime(s) they are being charged with; and
- What consequences they may face if they are found guilty of committing the crimes with which they are charged.
If the court finds that the defendant may be incompetent, a psychiatric evaluation will likely be ordered. The psychiatrist who is conducting the evaluation may find that the defendant is incompetent. If so, the judge will use that information when making a final decision regarding whether or not the defendant is competent to stand trial.
If the defendant is declared mentally incompetent, they could still be brought to trial at a later date when they have been found competent.
How Is Competency Determined in California?
The 6th Amendment to the United States Constitution protects the competency requirement. This amendment guarantees a fair trial to all who have been accused of committing a crime.
In California, as well as in other states, competency to stand trial is determined at a competency hearing during which the court will rule on the issue. As noted above, the judge will be assisted by a report that is usually accompanied by a certificate of medical examination prepared by either a physician who specializes in psychiatric or psychological care.
A competency hearing is only intended to determine whether or not the defendant is mentally competent to stand trial. At a competency hearing, the defense is responsible for proving that the defendant is incompetent.
In order to show incompetency, the defendant may present:
- Medical reports stating how the defendant is mentally incompetent;
- The defendant’s own statements;
- Any other relevant evidence as determined by the court, which may include witness statements or other types of testimonial evidence.
If the court determines that there is evidence that the defendant is incompetent to stand trial, it will temporarily suspend the trial. In addition, the defendant will be required to undergo psychiatric treatment, which may include treatment at a state mental hospital or other such state-approved facility.
The length of this treatment may last up to four months or 120 days in order to determine whether or not the defendant can regain their mental competency. In the alternative, a reasonable amount of additional treatment time may be added for the defendant’s condition to improve.
When Can a Defendant’s Mental Competency Be Questioned in a Criminal Case?
In the State of California, either the judge or the defendant’s attorney may question the defendant’s mental competency. The court can determine whether there is a need to investigate the competency of a defendant and may ask the defendant’s attorney for their opinion on the issue.
It is important to note that, under California Penal Code sections 1368(a) and 1368(b), a trial court must begin Incompetent to Stand Trial (IST) proceedings if there is any doubt as to the defendant’s competency to stand trial. Issues of competency may be raised:
- During an action;
- Prior to a judgment;
- Post-judgment during community supervision or parole.
If the court chooses not to raise the issue of the defendant’s competency, a criminal defense attorney may also raise the issue.
What Are the Possible Outcomes of a Competency Hearing?
It is important to note that, in California as well as in other states, the court has full discretion to decide whether or not the defendant is competent to stand trial. Prior to making this decision, the court will determine whether the defendant should undergo a psychiatric evaluation.
If the court believes the defendant should receive a psychiatric evaluation, it may appoint a physician who is board-certified or board-eligible in psychiatry to perform the evaluation. In addition, there are a number of factors that will go into the court’s determination of competence to stand trial, which, as noted above, may include, but are not limited to, an examination of whether the defendant can:
- Understand and participate in the proceedings;
- Understand the seriousness of the circumstances of their situation;
- Rationally consult with their attorney and understand the charges that are being brought against them;
- Help their lawyer in providing a defense;
- Distinguish between irrelevant and relevant factual information; and
- Distinguish between pleading guilty and not guilty.
The court may also consider the demeanor of the defendant in the courtroom and whether they have a history of mental illness. If the defendant is found to be incompetent to stand trial, one of three things is likely to occur:
- The defendant is committed to a mental treatment facility or county jail;
- The defendant receives outpatient treatment;
- The defendant is committed to a treatment center or mental hospital for those with developmental disabilities.
Can an Attorney Explain More About Competency Hearing Process?
If you believe you are not competent to stand trial or your competency to stand trial is being questioned in California, it is essential to consult with a California criminal lawyer immediately. Your lawyer will explain the competency determination process in California and the possible outcomes and will present the best possible case on your behalf in the courtroom.
Your California attorney will be familiar with how the Penal Code will influence your case, the Mental Health Code of California, and how best to protect your rights. Your lawyer will also present the best possible defenses on your behalf and negotiate with the prosecution, if possible.
