California Penal Code

§ 1370

PEN § 1370 Effective Jan 1, 2026Title 10 · Part 2 · Ch. 6

Statute text

(a)(1) (A) If the defendant is found mentally competent, the criminal process shall resume, the trial on the offense charged or hearing on the alleged violation shall proceed, and judgment may be pronounced.

(B)If the defendant is found mentally incompetent and is not charged with an offense listed in subdivision (d) of Section 1001.36, the trial, the hearing on the alleged violation, or the judgment shall be suspended, and the court shall do all of the following:

(i)(I) Determine whether restoring the person to mental competence is in the interests of justice.

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Legislative history

Amended by Stats. 2025, Ch. 241, Sec. 26. (SB 857) Effective January 1, 2026.