California lets courts refer incompetent misdemeanor defendants to conservatorship on their own finding of grave disability
Governor Gavin Newsom signed SB 1401 on September 30, 2026, amending Penal Code sections 1370 and 1370.01. From January 1, 2027, a court may refer a misdemeanor defendant found incompetent to county conservatorship if the court itself finds the defendant appears gravely disabled, not only on an expert's opinion. County behavioral health agencies may report confidential medical information to the court to determine eligibility for services.
Enrolled text (California Legislative Information) → · Office of Governor Gavin Newsom