Mental Competency to Stand Trial in California
Penal Code 1368 PC Explained
The Sixth Amendment to the United States Constitution guarantees every criminal defendant the right to a fair trial. This includes the right to understand the nature of the criminal charges and to meaningfully participate in one's defense.
However, when a defendant suffers from a mental illness or cognitive condition that prevents them from understanding the court process or assisting their attorney, proceeding with a criminal trial would violate fundamental due process rights.
For this reason, California Penal Code 1368 (PC 1368) establishes a legal procedure that requires courts to suspend criminal proceedings when a defendant's mental competency to stand trial is in doubt.
Our California criminal defense lawyers will provide an overview below.
What Does Penal Code 1368 Say?
Under Penal Code 1368, if a doubt arises in the judge's mind regarding a defendant's mental competence during criminal proceedings and before judgment, the court must:
- State the doubt on the record
- Ask defense counsel for their opinion regarding the defendant's competence
- Suspend proceedings if substantial evidence of incompetence exists
In simple terms, a defendant cannot be tried or convicted if they do not understand what is happening in court or cannot reasonably assist their lawyer.
What Does “Competent to Stand Trial” Mean in California?
A defendant is considered mentally competent to stand trial if all of the following are true:
- The defendant understands the nature and purpose of the criminal proceedings
- The defendant can reasonably assist their attorney in preparing and presenting a defense
- The defendant comprehends their role and status within the court process
Mental incompetence may result from schizophrenia, bipolar disorder, major depression, brain injury, intellectual disability, or other psychiatric or neurological conditions.
Overview of the Penal Code 1368 Competency Process
If the court suspects mental incompetence at any stage of the case, the following process applies:
- The judge formally states doubt about the defendant's mental competence on the record
- Defense counsel is asked to provide an opinion regarding competency
- If substantial evidence exists, criminal proceedings are suspended
- The court orders a psychiatric or psychological evaluation, often lasting up to 72 hours at a state hospital
- A competency hearing is held to determine whether the defendant is competent
- The defense bears the burden of proving incompetence by a preponderance of the evidence
- Proceedings either resume (if competent) or remain suspended (if incompetent)
How Is Mental Competency Determined?
Mental competency is determined at a formal competency hearing, which may be conducted before a judge or, upon request, a jury.
The court appoints at least one qualified psychiatrist or psychologist to evaluate the defendant and submit a report addressing whether the defendant can:
- Understand the criminal proceedings
- Assist defense counsel in a rational manner
In Los Angeles County, these cases are typically transferred to the Mental Health Courthouse, where competency proceedings are handled separately from the original criminal court.
When Does Competency Become an Issue?
Mental competency most often arises in one of two situations:
1. At the Defendant's First Court Appearance
If a defendant appears confused, disoriented, or unable to understand the charges or the proceedings, the judge may immediately question the defendant's competency.
2. After a Not Guilty by Reason of Insanity (NGRI) Plea
When a defendant pleads not guilty by reason of insanity, the court orders a mental health evaluation.
- If the defendant was not insane at the time of the offense, the case proceeds
- If the defendant was insane, proceedings are suspended due to incompetence
Mental Competency vs. Insanity: What's the Difference?
Mental competency and legal insanity are distinct legal concepts:
- Mental Incompetency (PC 1368) concerns the defendant's current ability to participate in the legal process
- Legal Insanity focuses on the defendant's mental state at the time the crime was committed
A defendant may be incompetent to stand trial but not legally insane, or legally insane at the time of the offense but competent to stand trial later.
Importantly, incompetency delays prosecution, while insanity can serve as a complete defense to criminal liability.
What Happens If a Defendant Is Found Incompetent to Stand Trial?
If the court finds the defendant mentally incompetent:
- All criminal proceedings are suspended
- The defendant is committed to a state hospital or approved treatment facility
- Mandatory psychiatric treatment is ordered, typically for up to four months
- Treatment may be extended if competency is not restored
If the defendant's condition improves and competency is restored, criminal proceedings resume.
Many defendants are ultimately deemed competent after treatment but still suffer from serious mental health conditions that played a role in the alleged offense.
Why Mental Competency Matters in Criminal Defense
Competency proceedings protect defendants from unconstitutional trials while also creating opportunities for:
- Mental health diversion
- Alternative sentencing
- Favorable case resolution once competency is restored
Proper handling of Penal Code 1368 issues requires early identification, expert evaluation, and strategic legal advocacy.
Speak With a California Criminal Defense Lawyer
If you or a loved one suffers from a mental illness and is facing criminal charges, early legal intervention is critical. Mental competency issues can significantly impact the outcome of a case.
The Hedding Law Firm represents defendants in Los Angeles and throughout California in cases involving mental competency, diversion, and mental health defenses. Contact us to review your situation and discuss available legal options.
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