Competency Court in California, governed by Penal Code section 1368, addresses whether a defendant is mentally competent to stand trial. If a judge has reason to doubt a defendant’s ability to understand the proceedings or assist their attorney, the court must pause the case and initiate a competency evaluation. This process involves consultation with the defense attorney and a mental health assessment to determine the defendant’s current mental state, not their condition at the time of the offense. If the defendant is found incompetent, criminal proceedings are suspended until they are restored to competency.
The IST (Incompetent to Stand Trial) Diversion Program in California is a partnership between the Department of State Hospitals and county governments aimed at providing community-based mental health treatment for individuals charged with felonies who are deemed incompetent to stand trial. Instead of lengthy stays in state hospitals for competency restoration, the program offers treatment and support in the community, including therapy and medication management. It focuses on early access to care, reducing hospital stays, and increasing diversion opportunities. Successful completion of the program can lead to dismissal of charges, while also reducing strain on state hospitals and lowering the risk of recidivism. Overall, it provides a more humane and effective alternative to inpatient hospitalization.