Criminal procedure: competence to stand trial.

Senator Stern's proposal to modify California's criminal competency procedures would reduce the mandatory timeline for mental health diversion eligibility hearings from 30 to 29 days after a defendant is found mentally incompetent to stand trial. Under the amended process, courts must release defendants on their own recognizance if hearings extend beyond the new 29-day deadline.

The legislation expands eligibility for mental health diversion programs to include certain Vehicle Code violations, while preserving the Department of Motor Vehicles' authority over administrative actions regarding driving privileges. For defendants found ineligible for diversion, the bill outlines a sequence of alternative interventions courts must consider, including treatment plan modifications, assisted outpatient treatment referrals, conservatorship proceedings, and CARE program placement.

The measure maintains existing provisions requiring courts to dismiss charges upon successful completion of diversion programs. It preserves the legislative directive that defendants receive mental health treatment in treatment facilities rather than jails, with specific formulas for calculating custody credit toward treatment periods. While establishing structured pathways for handling mental competency cases, the bill retains judicial discretion regarding ultimate case dispositions.