California 2017-2018 Regular Session

California Senate Bill SB684

Introduced
2/17/17  
Introduced
2/17/17  
Refer
3/9/17  
Report Pass
4/24/17  
Report Pass
4/24/17  
Refer
4/25/17  
Refer
4/25/17  
Engrossed
5/31/17  
Engrossed
5/31/17  
Refer
6/15/17  
Refer
6/15/17  
Refer
7/6/17  
Refer
7/6/17  
Report Pass
7/12/17  
Report Pass
7/12/17  
Enrolled
8/24/17  
Enrolled
8/24/17  
Chaptered
9/11/17  
Chaptered
9/11/17  
Passed
9/11/17  

Caption

Incompetence to stand trial: conservatorship: treatment.

Impact

The implications of SB 684 on state law are significant as it modifies the Penal Code and the Welfare and Institutions Code. The amendment permits prosecutors to seek a determination of probable cause to establish that a defendant is gravely disabled, even before a trial competency evaluation. This aims to ensure that defendants who pose a risk to themselves or others due to their mental health will have a structured pathway to treatment via conservatorship procedures. This aligns with the ongoing trend to address mental health issues within the criminal justice system, reflecting a nuanced understanding of the interactions between mental health and legal proceedings.

Summary

Senate Bill 684, titled 'Incompetence to Stand Trial: Conservatorship: Treatment,' aims to amend the existing laws surrounding the mental competency of defendants in criminal trials in California. The bill enhances the definitions and procedures for determining whether a defendant is mentally competent to be tried and allows for the initiation of conservatorship proceedings based on mental health conditions. This broadens the context for 'gravely disabled' individuals who may not only be unable to stand trial due to incompetence but also fail to provide for basic needs due to mental health disorders, values which were previously overlooked under existing law.

Sentiment

Reactions to SB 684 are divided among stakeholders in the legal and mental health communities. Proponents argue it provides necessary protections for individuals who are unable to care for themselves while simultaneously being connected to the judicial process. Critics, however, have raised concerns about the potential for the bill to create overreach in managing individuals with mental illness, arguing that it could streamline conservatorship processes without adequate consideration of individual rights and safeguards. The balance between public safety and individual autonomy remains a point of contention in discussions regarding the bill.

Contention

Key points of contention surrounding the bill include the potential implications for defendants' rights and the pace of conservatorship proceedings. Opponents fear that the accelerated process for establishing conservatorships, enabled by SB 684, might limit defendants' rights to due process, especially if mental competency determinations are rushed. Also, there is apprehension regarding the criteria employed for 'gravely disabled' determinations, particularly relating to complex mental health issues that may not warrant such measures adequately. Advocates for mental health reform argue for the need for comprehensive support systems without stripping away personal rights.

Companion Bills

No companion bills found.

Similar Bills

CA AB1822

Criminal defendant: mental competency to stand trial.

CA SB1223

Criminal procedure: mental health diversion.

CA AB2105

Criminal procedure: competence to stand trial.

CA SB1392

Criminal procedure: competence to stand trial.

CA AB2692

Criminal procedure: diversion.

CA SB1518

Public safety omnibus.

CA SB1323

Criminal procedure: competence to stand trial.

CA AB1584

Criminal procedure: competence to stand trial.