CAL.Regulation
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
Key points
- SB 1401 amends Penal Code sections 1370 and 1370.01, effective January 1, 2027.California Legislative Information
- Courts may refer incompetent misdemeanor defendants for county conservatorship when the court, not only a qualified mental health expert, finds them apparently gravely disabled.California Legislative Information
- County behavioral health agencies may report relevant confidential medical information to the court to determine eligibility for behavioral health services.California Legislative Information
- Charges need not be dismissed where a case has been referred back to the court within specified time periods.California Legislative Information
- Gravely disabled includes meeting either or both statutory definitions, including incompetence to understand the proceedings and assist counsel.California Legislative Information
- Newsom signed SB 1401, by Senator Henry Stern, on September 30, 2026.Office of Governor Gavin Newsom
Sources2 articles across 2 outlets
California Legislative Information
Office of Governor Gavin Newsom
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RegulationCal.California SB 1401 competence to stand trial in criminal procedureCriminalHealthcareLitigationFor practitionersFor governance