Pre-PC 1368 Competency Assessments. Sonoma Superior Court

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1 Pre-PC 1368 Competency Assessments Sonoma Superior Court

2 Program Description Originally, the Court and County provided a wrap-around program that included the pre-1368 forensic assessments, liaison between all justice partners and was shared funding between Sheriff, Health Services and the Court. This collaborative approach was meant to reduce jail beds, provide prompt diagnosis of mental health needs, coordinate a continuum of incustody and community based services to stabilize and restore mental health The early resolution of cases and averting protracted PC 1368 proceedings reduced costs for all criminal justice partners when defendants could be restored at the local level. To continue to minimize the level of formal PC 1368 Forensic Evaluations the Court began in July 2011, contracting with a Psychologist to provide prescreening of criminal defendants or early 1368 forensic assessments. The Psychologist evaluates individuals with a pending criminal charge pursuant to PC The evaluation includes a face to face interview with defendant, file review, including crime reports and the mental health file, consults with attorneys, may talk to collateral individuals and then provides an oral report to the Court with a recommendation.

3 Program Description cont. Generally within two days the court is notified of the recommendation by the Psychologist. 90% of referrals are deemed competent and recommended to continue their criminal process Approximately 10% are referred under PC By pre-filtering out 90% of potential PC 1368 proceedings, the serious actual incompetent defendants are moved more expeditiously through the forensic evaluation, focusing the resources on the greatest need and reducing additional delays for all cases referred Approximately 50 referrals are received a month, which is an increase of 20% over last year. Based on the same principle as ECR, early case resolution, by reviewing within 2 days, cases are allowed to continue through the criminal process, rather than incur weeks and months of delays pending a formal PC 1368 evaluation, only to be found competent.

4 Summary of Sidebar Report People v. SCR- SUMMARY OF SIDEBAR REPORT FROM DR. RANISH DATE OF ORAL REPORT: 1. No further evaluation is recommended. Proceedings should be reinstated. (For Dr. s consideration: Insert boxes in this area that would include summary reasons for demonstrated behavior that are not based on incompetence. i.e. Substance Abuse, Lack of Maturity, etc.) Summary of initial assessment: 2. A further evaluation and report should be prepared. The defendant should be referred to: Dr. If a second opinion is requested, the defendant should be referred to: Dr. Defendant has a history of the following: Diagnosis of Previous mental health hospitalization. Prescribed psychotropic medications. Commitment pursuant to P.C Conservatorship in county. Summary of initial assessment:

5 Need and Population The target population are felony and misdemeanor in-custody defendants with competency issues. The competence of a defendant is usually called into question in one of two ways: the defendant's attorney alerts the judge or the judge personally notices that the defendant may not be competent. The court initiates competence proceedings by declaring a doubt" about the defendant's competence on the record. At that time the Psychologist is ordered to assess the individual and provide a recommendation within two days. Ultimately, if recommended by the Psychologist a competency hearing will be ordered under Penal Code Section 1368(a). As noted, the current population of referrals is about 600, which has increased from the prior year, close to 20%. As confirmed by the Sheriff and Health Services, we continue to see increased mental health issues in both the general jail population and realignment-eligible defendants. This condition is anticipated to worsen with parole violations, effective July 1, Given the large percentage who are determined to be competent after their initial assessment, this process is vital to the expedition of pending cases by providing in-custody defendants with appropriate medications and mental health services. This also results in substantial cost-avoidance to the Sheriff by reducing use of jail beds and the DA and Defense by reducing the number of continuances and unnecessary litigation.

6 System Impact Early pre-1368 PC assessments screen out approximately 540 (90% of 600) in-custody defendants that can be restored/stabilized without a formal and lengthy incompetency evaluation and hearing. The formal evaluation process averages 21 days and therefore this early assessment saves approximately 11,340 jail days annually. Investment by CCP in this early assessment will free up jail beds to house 1170(h) sentenced defendants. Court will continue to pay for the formal 1368 evaluations (averages $350 per case). Assuming a scenario where the Court would more closely scrutinize 1368 referrals and as a result that number is reduced by 50% of the current non-referred population (540 defendants), the Court would incur a cost of $94,500 (270 defendants X $350 per case); consequently, these referrals would take longer and increase jail days by 5,670 annually (270 defendants X average of 21 days to complete 1368 evaluations). Defendants are provided needed mental health services at an early stage, resulting in the timely disposition of the case, ensuring due process, and cost-avoidance to the jail system and criminal justice partners.