California Penal Code

§ 1369

PEN § 1369 Effective Jan 1, 2025Title 10 · Part 2 · Ch. 6

Statute text

A determination of the question of mental competence shall proceed in the following order:

(a)(1) The court shall suspend criminal proceedings and shall appoint at least one licensed psychologist or psychiatrist to examine the defendant’s mental condition. If defense counsel informs the court that the defendant is not seeking a finding of mental incompetence, the court shall, upon request of defense counsel, appoint two licensed psychologists or psychiatrists, one to be named by the defense and one to be named by the prosecution.

(2)If it is suspected the defendant has a developmental disability, the court shall appoint the director of the regional center established under Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code, or the director’s designee, to examine the defendant to determine whether the defendant has a developmental disability. The regional center director or their designee shall determine whether the defendant has a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code, and is therefore eligible for regional center services and supports. The regional center director or their designee shall provide the court with a written report informing the court of this determination.

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Legislative history

Amended by Stats. 2024, Ch. 646, Sec. 3. (SB 1323) Effective January 1, 2025.