Section 1370.02 Of Chapter 6. Inquiry Into The Competence Of The Defendant Before Trial Or After Conviction From California Penal Code >> Title 10. >> Part 2. >> Chapter 6.
1370.02
. (a) If the defendant is found mentally competent during a
postrelease community supervision or parole revocation hearing, the
revocation proceedings shall resume. The formal hearing on the
revocation shall occur within a reasonable time after resumption of
the proceedings, but in no event may the defendant be detained in
custody for over 180 days from the date of arrest.
(b) If the defendant is found mentally incompetent, the court
shall dismiss the pending revocation matter and return the defendant
to supervision. If the revocation matter is dismissed pursuant to
this subdivision, the court may, using the least restrictive option
to meet the mental health needs of the defendant, also do any of the
following:
(1) Modify the terms and conditions of supervision to include
appropriate mental health treatment.
(2) Refer the matter to any local mental health court, reentry
court, or other collaborative justice court available for improving
the mental health of the defendant.
(3) Refer the matter to the public guardian of the county of
commitment to initiate conservatorship proceedings pursuant to
Sections 5352 and 5352.5 of the Welfare and Institutions Code. The
public guardian shall investigate all available alternatives to
conservatorship pursuant to Section 5354 of the Welfare and
Institutions Code. The court shall order the matter to the public
guardian pursuant to this paragraph only if there are no other
reasonable alternatives to the establishment of a conservatorship to
meet the mental health needs of the defendant.
(c) (1) Notwithstanding any other law, if a person subject to
parole pursuant to Section 3000.1 or paragraph (4) of subdivision (b)
of Section 3000 is found mentally incompetent, the court shall order
the parolee to undergo treatment pursuant to Section 1370 for
restoring the person to competency, except that if the parolee is not
restored to competency within the maximum period of confinement and
the court dismisses the revocation, the court shall return the
parolee to parole supervision.
(2) If the parolee is returned to parole supervision, the court
may, using the least restrictive option to meet the mental health
needs of the parolee, do any of the following:
(A) Modify the terms and conditions of parole to include
appropriate mental health treatment.
(B) Refer the matter to any local mental health court, reentry
court, or other collaborative justice court available for improving
the mental health of the parolee.
(C) Refer the matter to the public guardian of the county of
commitment to initiate conservatorship proceedings pursuant to
Sections 5352 and 5352.5 of the Welfare and Institutions Code. The
public guardian shall investigate all available alternatives to
conservatorship pursuant to Section 5354 of the Welfare and
Institutions Code. The court shall order the matter to the public
guardian pursuant to this subparagraph only if there are no other
reasonable alternatives to the establishment of a conservatorship to
meet the mental health needs of the parolee.
(d) If a conservatorship is established for a defendant or parolee
pursuant to subdivision (b) or (c), the county or the Department of
Corrections and Rehabilitation shall not compassionately release the
defendant or parolee or otherwise cause the termination of his or her
supervision or parole based on the establishment of that
conservatorship.