§ 1367. Mentally incompetent persons; trial or punishment prohibited; application of specified sections | Statutes | Westlaw

(a) A person * * * shall not be tried or adjudged to punishment or have * * * their probation, mandatory supervision, postrelease community supervision, or parole revoked while that person is mentally incompetent. A defendant is mentally incompetent for purposes of this chapter if, as a result of a mental health disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner.

(b) Section 1370 * * * applies to a person who is charged with a felony or alleged to have violated the terms of probation for a felony or mandatory supervision and is incompetent as a result of a mental health disorder. Section 1370.01 * * * applies to a person who is charged with a misdemeanor or misdemeanors only, or a violation of formal or informal probation for a misdemeanor, and the judge finds reason to believe that the defendant * * * has a mental health disorder, and may, as a result of the mental health disorder, be incompetent to stand trial. Section 1370.1 * * * applies to a person who is incompetent as a result of a developmental disability and * * * applies to a person who is incompetent as a result of a mental health disorder, but * * * also * * * has a developmental disability. Section 1370.02 * * * applies to a person alleged to have violated the terms of * * * the person's postrelease community supervision or parole.