Under California law, Penal Code 1368 outlines the process of determining if a defendant is mentally capable to stand trial. Penal Code 1370 directs the resulting action and treatment if the defendant is found incompetent. Both these laws are used to pause criminal proceedings until competency is restored.
Key Takeaways:
- Penal Code 1368 functions as the procedural trigger to declare a doubt and suspend a case.
- Penal Code 1370 governs the actual commitment and treatment plan for the defendant.
- A PC 1368 evaluation focuses entirely on the defendant’s current mental capacity to understand court proceedings.
California’s law on a defendant’s mental competency to stand trial, as outlined in the Penal Codes 1368 and 1370, places the responsibility on the judge. If the judge understands that a defendant lacks the mental capacity to understand the legal proceedings and assist in their defense, the judge needs to state this belief in the court’s record.
In this blog, we are going to look at the key differences between California PC 1368 and PC 1370.
What is California Penal Code 1368?
Penal Code 1368 sets forth California law as to a defendant’s mental competency to stand trial. It is the specific procedural law used by a judge to express a doubt regarding the defendant’s current mental competence.
The Declaration of Doubt
If a reasonable doubt about the defendant’s mental clarity arises before the judgment is pronounced, PC 1368 dictates a set of rules that the court needs to adhere to.
- The judge can declare their doubt as to the defendant’s competency on the official court record.
- The judge can also ask the defendant’s defense counsel for their professional opinion regarding their client’s mental capacity.
- When a formal inquiry under PC 1368 is ordered, the underlying criminal proceedings are put on hold. The prosecution cannot move forward without trying or sentencing the defendant until the competency issue is resolved.
Note: The defense counsel cannot withdraw their doubt as to the defendant’s competency after it is given.
Competency Hearing
A judge can order a hearing to assess whether you are indeed incompetent if they believe that you lack the mental clarity to take part in the legal proceedings. After the hearing completes, the judge can:
- Suspend the trial or criminal proceedings if they find you incompetent.
- Allow the proceedings to continue if they find you mentally competent.
After ordering a competency hearing, the judge may direct that the defendant be taken to a California mental hospital or treatment facility for a 72-hour treatment and evaluation.
This is where Penal Code 1370 becomes active.
What is California Penal Code 1370?
Penal Code 1370 PC dictates what happens after a formal determination has been reached during a competency hearing. Particularly, PC 1370 manages the commitment, placement, and treatment protocol for a defendant who has been legally found to be Incompetent to Stand Trial (IST).
When a judge reviews the medical evaluations and officially rules that a defendant is incompetent, PC 1370 becomes the legal roadmap for the next phase of the case.
Key Elements Focused by PC 1370
In California, PC 1370, the following things are covered:
- According to PC 1370, the judge can now have the statutory authority to keep the trial or sentencing phase completely suspended.
- This provision also details whether the defendant will receive treatment to regain competency. This can include a secure state psychiatric hospital, a county jail facility, or a community-based outpatient program.
- PC 1370 also focuses on legal boundaries for administering psychiatric care. This includes whether the court can order involuntary antipsychotic medications if the defendant can not consent.
Key Differences Between PC 1368 and PC 1370?
In simple words, PC 1368 becomes active in the inquiry phase. On the other hand, PC 1370 is the disposition and treatment phase.
You can not ensure a PC 1370 commitment without first triggering a PC 1368 proceedings. Here are the key structural differences between these two laws.
| Legal Feature | Penal Code 1368 |
Penal Code 1370 |
| Primary Purpose | The judge declares a standard doubt and initiates a competency evolution | To issue a commitment and treatment plan after a defendant is found incompetent |
| Timing in Case | When an issue is first observed during an active criminal proceeding. | Occurs only after a formal IST ruling. |
| Legal Action Taken | The criminal trial against the defendant is suspended. | The defendant is placed into a state hospital, a jail treatment facility, or treated as an outpatient. |
| Focus of the Statute | Procedural standards to decide whether a real doubt exists. | Administrative and medical protocols for restoring a person’s competency. |
| Maximum Time Limits | Applies to the immediate pre-hearing timeline for gathering evaluations. | Limits involuntary commitment to a maximum of two years. |
Table: The Key Differences Between PC 1368 and PC 1370
How PC 1368 and PC 1370 are Connected?
To get clarity on how a competency case progresses, understanding the connection between these two statutes is required.
Phase 1: The PC 1368 Suspension
PC 1368 is invoked at any given point of a misdemeanor or a felony case if the defense counsel or the judge observes certain behavior from the defendant. In this phase, the criminal trial is entirely stopped.
Phase 2: The Evaluation and Hearing
According to the guidelines of PC 1368, the court-appointed doctors interview the defendant to review their psychiatric state. A hearing is then ordered under Penal Code 1369 to assess the medical evidence.
Phase 3: The PC 1370 Placement and Restoration
If the court finds the defendant incompetent, the process transitions to PC 1370. The court determines the interests of justice and orders the defendant to a treatment track designed to ‘restore competency’.
Wrapping Up
The legal strategy should be incredibly direct and specific when the defendant’s mental competence becomes a defining factor in criminal cases. However, simply allowing someone to fall into the bureaucratic equipment of PC 1370 can lead to months of confinement in a hospital without any real progress or resolution.
Get a Specialized Attorney from DCD LAW to Protect Your Constitutional Rights!
Are you or any of your loved ones being trapped in the legal complexities of PC 1370? Consult with expert lawyers from DCD LAW who will treat competency issues with urgency by intervening immediately during the PC 1368 phase. They will also ensure that the appointed medical experts are delivering fair judgment and focus on diverting the case in your favor using mental health diversion.
Frequently Asked Questions
Can a Misdemeanor Charge Trigger PC 1370?
If a defendant is accused of strict misdemeanor charges and found incompetent, their treatment path is governed through Penal Code 1370.01.
Who Pays for the Psychological Evaluations Ordered Under PC 1368?
The court pays for the independent psychiatrists or psychologists appointed to evaluate the defendant under PC 1368. However, both the defense and prosecution have the right to hire their own independent medical experts at their own expense to provide additional testimony.
What is a PC 1370 Commitment Order?
A PC 1370 commitment order is a formal judicial directive issued after a defendant is officially ruled Incompetent to Stand Trial.
Can a Defendant Refuse Psychiatric Medication While Under PC 1370?
Typically, yes. However, the court can override this. Under PC 1370, a judge can issue an involuntary medication if medical experts prove the defendant lacks the capacity to make decisions regarding antipsychotic medication.
Can I Appeal a Judge’s Ruling Under PC 1368 or PC 1370?
Yes. A final judicial determination regarding a defendant’s mental incompetence under PC 1368, or a subsequent commitment order under PC 1370, is considered an appealable final judgment in special proceedings under California appellate law.
