California 2017-2018 Regular Session Status: In Committee

SB 1095 — Criminal proceedings: mentally incompetent offenders.

Last action — May 25 hearing: Held in committee and under submission.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law prohibits a person from having his or her probation, mandatory supervision, postrelease community supervision, or parole revoked while that person is mentally incompetent. A defendant is mentally incompetent for these purposes if, as a result of mental disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner. If a defendant is found mentally incompetent during postrelease community supervision or parole revocation hearings, existing law requires the court to dismiss the pending revocation matter and return the defendant to supervision, and authorizes the court take other action, including referring the matter to the public guardian of the county of commitment to initiate conservatorship proceedings only if there are no other reasonable alternatives to meet the defendant's mental health needs, as specified. This bill would provide a court with discretion when a defendant is found mentally incompetent during a postrelease community supervision or parole revocation hearing to either dismiss the pending revocation matter, as specified, or, if the court determines that there is a reasonable likelihood that the defendant may be restored to competency and returned to court to face the revocation proceedings, order the county sheriff to deliver the defendant to either a State Department of State Hospitals facility, as specified, or a public or private treatment facility, as specified, for treatment to restore the defendant to mental competency. The bill would require the defendant be returned to court to resume the revocation proceedings if the defendant is restored to competency within 180 days of arrest or before the defendant's date of discharge, whichever is earlier. The bill would alternatively require the court to dismiss the pending revocation matter and return the defendant to supervision, as specified, if the defendant is not restored to competency within 180 days of arrest or before the defendant's date of discharge, whichever comes first. By increasing the duties of local officials, including the county mental health director and county public guardian, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. May 25 hearing: Held in committee and under submission.

  2. Set for hearing May 25.

  3. April 30 hearing: Placed on APPR. suspense file.

  4. Set for hearing April 30.

  5. Read second time and amended. Re-referred to Com. on APPR.

  6. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 4627.) (April 10).

  7. Set for hearing April 10.

  8. Referred to Com. on PUB. S.

  9. From printer. May be acted upon on or after March 16.

  10. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Anderson · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Anderson

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Placed on suspense file

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Beall — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Bates — Not Voting
Nielsen — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1095 do?
Existing law prohibits a person from having his or her probation, mandatory supervision, postrelease community supervision, or parole revoked while that person is mentally incompetent. A defendant is mentally incompetent for these purposes if, as a result of mental disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner. If a defendant is found mentally incompetent during postrelease community supervision or parole revocation hearings, existing law requires the court to dismiss the pending revocation matter and return the defendant to supervision, and authorizes the court take other action, including referring the matter to the public guardian of the county of commitment to initiate conservatorship proceedings only if there are no other reasonable alternatives to meet the defendant's mental health needs, as specified. This bill would provide a court with discretion when a defendant is found mentally incompetent during a postrelease community supervision or parole revocation hearing to either dismiss the pending revocation matter, as specified, or, if the court determines that there is a reasonable likelihood that the defendant may be restored to competency and returned to court to face the revocation proceedings, order the county sheriff to deliver the defendant to either a State Department of State Hospitals facility, as specified, or a public or private treatment facility, as specified, for treatment to restore the defendant to mental competency. The bill would require the defendant be returned to court to resume the revocation proceedings if the defendant is restored to competency within 180 days of arrest or before the defendant's date of discharge, whichever is earlier. The bill would alternatively require the court to dismiss the pending revocation matter and return the defendant to supervision, as specified, if the defendant is not restored to competency within 180 days of arrest or before the defendant's date of discharge, whichever comes first. By increasing the duties of local officials, including the county mental health director and county public guardian, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors SB 1095?
SB 1095 is sponsored by Anderson.
What is the current status of SB 1095?
This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1095?
Track SB 1095 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 1095

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 1095

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →