Carr v. Superior Court

Competency evaluation and certification by the Department of Developmental Services and the Department of State Hospitals while detainee was awaiting transfer for treatment was permissible. The declaration and certificate of competency filed in the superior court was adequate to initiate proceedings to determine whether the detainee’s competency was restored. The detainee had been found incompetent to stand trial for murder and other charges and had been in county jail, awaiting transfer to a secure treatment facility, for about four months when the court noted conflicting opinions about whether he was feigning symptoms and permitted evaluation by the medical director of the Department of State Hospitals and a Department of Development Services psychiatrist. They gave opinions that the detainee was malingering and potentially violent. The superior court scheduled a competency hearing. The court of appeal rejected the detainee’s petition to vacate that trial and order that he be placed for evaluation and treatment, stating that the statutory scheme surrounding competency determinations envisions the speedy attainment of mental competence and vests responsibility for competency certification in state mental health officials. View "Carr v. Superior Court" on Justia Law