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CA SB1401

CA SB1401
Criminal procedure: competence to stand trial.


summary

Introduced
02/20/2026
In Committee
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

An act to amend Sections 1370 and 1370.01 of the Penal Code, relating to criminal procedure.

AI Summary

This bill, by amending existing laws, aims to improve the process for determining a person's competence to stand trial in criminal proceedings, particularly for those with mental health challenges. A key provision allows county behavioral health agencies and jail medical providers to share confidential medical records and other relevant information with the court. This sharing is intended to help the court more effectively assess an individual's eligibility for behavioral health services and programs, such as assisted outpatient treatment, conservatorship, or the CARE program (Community Assistance, Recovery, and Empowerment program), which are alternatives to traditional criminal prosecution when a person is found mentally incompetent. The bill also clarifies that charges dismissed due to participation in these programs may not be dismissed if the case is referred back to the court within certain timeframes, ensuring continued oversight. Additionally, it expands the criteria for referring a defendant for conservatorship, allowing the court to make this referral if it believes the defendant appears gravely disabled, not solely based on a mental health expert's opinion.

Sponsors (1)

Last Action

Read first time. (on 02/23/2026)

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