Newly Signed Law Strengthens Mental Health Services for Incompetent Defendants

RIVERSIDE – Governor Gavin Newsom has signed Senate Bill 1401 (SB 1401), legislation co-sponsored by the Riverside County District Attorney’s Office that brings greater consistency to California laws governing defendants who are found mentally incompetent to stand trial.

Recent changes to California’s mental competency laws created differences between the procedures governing defendants under Penal Code sections 1370 and 1370.01. SB 1401 aligns those provisions to provide greater consistency when defendants are being considered for behavioral health services, conservatorship, or CARE Court (Community Assistance, Recovery, and Empowerment Court).

Additionally, SB 1401 will facilitate the sharing of confidential information in felony cases when necessary to determine a defendant’s eligibility and suitability for behavioral health services and programs. Furthermore, it allows a court, in addition to a mental health expert, to make a finding of grave disability to facilitate a referral for conservatorship.

"SB 1401 brings needed consistency to the laws governing defendants who are found mentally incompetent to stand trial," said Chief Deputy District Attorney Ivy Fitzpatrick, the Riverside County District Attorney’s Office legislative representative. "The system should support access to mental health treatment through a clear and consistent legal process.”

The Riverside County District Attorney’s Office thanks Senator Henry Stern for his leadership in bringing this legislation forward and Governor Newsom for signing this legislation into law.