Criminal procedure: competence to stand trial

The law lets courts and county behavioral health agencies use limited confidential treatment information to connect defendants with services. It also clarifies when conservatorship referrals and charge dismissals apply.

What the law does ​

• Allows county behavioral health agencies to provide courts relevant confidential medical information to assess eligibility for behavioral-health services, subject to privacy laws, sealing, and limits on further use.
• Allows criminal cases to remain pending when a defendant accepted into assisted outpatient treatment, the CARE program, or conservatorship proceedings is referred back to criminal court before the otherwise applicable dismissal deadline.
• Clarifies that a defendant may be considered gravely disabled under either or both applicable definitions when the court considers conservatorship proceedings.
• Allows a court, as well as a qualified mental-health expert, to conclude that an incompetent defendant charged with a misdemeanor appears gravely disabled for a county conservatorship referral.

Who it affects ​

• Defendants found incompetent to stand trial, including people facing misdemeanor charges.
• County behavioral health agencies, treatment providers, and county conservatorship investigators.
• Criminal and CARE Act courts handling diversion, treatment, and conservatorship referrals.