Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The court
shall appoint a psychiatrist or licensed psychologist to evaluate whether a criminal
defendant is incompetent to stand trial. This evaluation shall include: the nature
of a defendant's mental disorder; a defendant's ability or inability to understand
the nature of the criminal proceedings or to assist counsel in a rational manner in
the conduct of a defense; and, if within the scope of his or her license, whether
treatment with antipsychotic medication is medically appropriate and likely to
restore the defendant to mental competence. In considering an appointment, the court
shall appoint an expert who meets the provisions in subsection (1), (2),
or (3) of this section and who meets the provisions in
subsections (4), if applicable, and (5) of this section, or an expert with
equivalent experience and skills.
(1) If a
psychiatrist, the psychiatrist shall have a State of California medical license in
current status, without any restrictions prohibiting practice, and one of the
following:
(A) board certification by the American
Board of Psychiatry and Neurology with added or special qualifications in forensic
psychiatry;
(B) eligibility for board
certification by the American Board of Psychiatry and Neurology with added or
special qualifications in forensic psychiatry; or
(C) completion of a fellowship in forensic
psychiatry.
(2) If a
psychologist, the psychologist shall have a State of California psychology license
in current status
and one of the following:
(A) board certification in forensic psychology by
the American Board of Professional Psychology;
(B) eligibility for board certification in
forensic psychology by the American Board of Professional Psychology;
or
(C) completion of
post-doctoral training in forensic psychology.
(3) If a psychiatrist or licensed psychologist who
does not meet either subsection (1) or (2) above, the expert shall have training or
experience consisting of:
(A) At least 24 hours of
specialized forensic training relating to incompetency evaluations.
(B) Experience in drafting at least six forensic
reports submitted to a court or, if fewer than six, proof provided to the court,
prior to appointment, that at least three forensic reports submitted to a court were
reviewed by a peer review panel experienced in the criminal justice system and
familiar with the issues of competency.
(4) If evaluating for developmental disabilities,
experience in the treatment and assessment of individuals with developmental
disabilities.
(5) The expert shall have
completed, within the 24 months preceding the appointment, eight hours of the total
continuing education courses required by their respective licensing board in
forensic evaluation.
1. New section
filed 1-14-2020; operative 4-1-2020 (Register 2020, No. 3).
Note: Authority cited: Section
1369, Penal Code.
Reference: Section
1369, Penal
Code.
