California Penal Code
§ 1370.02
PEN § 1370.02 Effective Jan 1, 2015Title 10 · Part 2 · Ch. 6
Statute text
View on leginfo.ca.gov(a)If the defendant is found mentally competent during a postrelease community supervision or parole revocation hearing, the revocation proceedings shall resume. The formal hearing on the revocation shall occur within a reasonable time after resumption of the proceedings, but in no event may the defendant be detained in custody for over 180 days from the date of arrest.
(b)If the defendant is found mentally incompetent, the court shall dismiss the pending revocation matter and return the defendant to supervision. If the revocation matter is dismissed pursuant to this subdivision, the court may, using the least restrictive option to meet the mental health needs of the defendant, also do any of the following:
(1)Modify the terms and conditions of supervision to include appropriate mental health treatment.
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Legislative history
Added by Stats. 2014, Ch. 759, Sec. 9. (SB 1412) Effective January 1, 2015.