Criminal procedure: competence to stand trial.
The introduction of AB2105 may significantly impact how defendants with mental health issues navigate the criminal justice system. By allowing self-surrender, the bill intends to reduce the reliance on law enforcement for involuntary transfers to treatment facilities, thus alleviating the burden on local jails and supporting a more therapeutic approach to handling these defendants. This change could also promote faster assessments and restore competency quicker, allowing cases to proceed without undue delays.
Assembly Bill 2105, introduced by Assembly Member Quirk-Silva, aims to amend existing Penal Code provisions regarding criminal defendants' mental competence to stand trial. Currently, if a defendant is found mentally incompetent, the court must order the defendant to be taken by the sheriff to a State Department of State Hospitals facility or equivalent, which may lead to delays in trial proceedings. AB2105 proposes that defendants who are not in custody can be ordered to self-surrender to a designated facility at a specific time, thereby simplifying the process and potentially expediting treatment for mental health issues.
One point of contention related to AB2105 may concern the safety and welfare of defendants and the public. Critics might argue that self-surrender could pose risks if individuals do not comply or if they are unstable upon arriving at the treatment facility. Moreover, the effectiveness of this amendment hinges on adequate support systems to manage self-surrender processes effectively, ensuring that defendants receive the necessary mental health care without complications.