Skip to main content

Title 10: Miscellaneous Proceedings | Chapter 6: Inquiry into the Competence of the Defendant Before Trial or After Conviction

California Penal Code, Part 2 — Criminal Procedure – 2026

Back to Part Part 2: Of Criminal Procedure ← Previous Part 2: Of Criminal Procedure | Title 10: Miscellaneous Proceedings | Chapter 5: Examination of Witnesses on Commission Next → Part 2: Of Criminal Procedure | Title 10: Miscellaneous Proceedings | Chapter 7: Compromising Certain Public Offenses by Leave of the Court

All Sections

Chapter 1: Of Lawful Resistance Chapter 2: Of the Intervention of the Officers of Justice Chapter 3: Security to Keep the Peace Chapter 5: Suppression of Riots Title 2: Mode of Prosecution Title 2.5: Nightcourt Chapter 1: Of the Local Jurisdiction of Public Offenses Chapter 2: Time of Commencing Criminal Actions Chapter 3: Complaints Before Magistrates Chapter 4: The Warrant of Arrest Chapter 4.2: Code Enforcement Officers Chapter 4.5: Peace Officers Chapter 5: Arrest, by Whom and How Made Chapter 5A: Uniform Act on Fresh Pursuit Article 1: Colorado River Crime Enforcement Compact Article 2: California-Nevada Compact for Jurisdiction on Interstate Waters Chapter 5C: Citations for Misdemeanors Chapter 5D: Filing Complaint After Citation Chapter 6: Retaking After an Escape or Rescue Chapter 7: Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer Chapter 1: General Provisions Article 1: Qualifications of Grand Jurors Article 2: Listing and Selection of Grand Jurors Article 3: Jury Commissioners Article 4: Impaneling of Grand Jury Article 1: General Provisions Article 2: Investigation of County, City, and District Affairs Article 3: Legal and Other Assistants for Grand Juries Article 4: Conduct of Investigations Chapter 1: Finding and Presentment of the Indictment Chapter 2: Rules of Pleading Chapter 1: Of the Arraignment of the Defendant Chapter 2: Setting Aside the Indictment or Information [995 - 999a] Chapter 2.2: Career Criminals [999b - 999h] Chapter 2.3: Repeat Sexual Offenders [999i - 999p] Chapter 2.4: Child Abusers [999q - 999y] Chapter 2.5: Special Proceedings in Narcotics and Drug Abuse Cases Chapter 2.55: Deferred Entry of Judgment Pilot Program Chapter 2.6: Deferred Entry of Judgment Reentry Program Chapter 2.65: Child Abuse and Neglect Counseling Chapter 2.7: Misdemeanor Diversion Chapter 2.8: Diversion of Defendants With Cognitive Developmental Disabilities Chapter 2.8A: Diversion of Individuals with Mental Disorders Chapter 2.81: Pretrial Diversion of Traffic Violators Chapter 2.9: Diversion of Misdemeanor Offenders Chapter 2.9A: Bad Check Diversion Chapter 2.9B: Parental Diversion Chapter 2.9C: Military Diversion Program Chapter 2.9D: Theft and Repeat Theft Crimes Diversion or Deferred Entry of Judgment Program Chapter 2.9E: Primary Caregiver Diversion Chapter 2.92: Law Enforcement Assisted Diversion (LEAD) Pilot Program Chapter 2.95: Diversion Restitution Fee Chapter 2.96: Court Initiated Misdemeanor Diversion Chapter 3: Demurrer and Amendment Chapter 4: Plea Chapter 5: Transmission of Certain Indictments and Information Chapter 6: Change of Venue Chapter 7: The Mode of Trial Chapter 8: Formation of the Trial Jury and theCalendar of Issues for Trial Chapter 9: Postponement of the Trial Chapter 10: Discovery Chapter 1: Challenging the Jury Chapter 2: The Trial Chapter 3: Conduct of the Jury After the Cause Is Submitted to Them Chapter 4: The Verdict or Finding Article 1: Initial Sentencing Article 1.5: Recall and Resentencing Chapter 4.8: Pregnant and Parenting Women’s Alternative Sentencing Program Act Chapter 5: Bills of Exception Chapter 6: New Trials Chapter 7: Arrest of Judgment Chapter 1: The Judgment Chapter 1.4: Electronic Monitoring Chapter 1.5: Certification of Drug Diversion Programs Chapter 2: The Execution Chapter 3: California Community Corrections Performance Incentives Chapter 1: Appeals, When Allowed and How Taken, and the Effect Thereof Chapter 1a: Judicial Council Rules [1247k- 1247k.] Chapter 2: Dismissing an Appeal for Irregularity Chapter 3: Argument of the Appeal Chapter 4: Judgment Upon Appeal Article 1: In What Cases the Defendant May Be Admitted to Bail Article 2: Bail Upon Being Held to Answer Before Indictment [1277 - 1281a] Article 3: Bail Upon an Indictment Before Conviction Article 4: Bail on Appeal Article 5: Deposit Instead of Bail Article 5.5: Bail Fugitive Recovery Persons Act Article 6: Exoneration Article 7: Forfeiture of the Undertaking of Bail or of the Deposit of Money Article 8: Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail Article 9: Procedure Relating to Release on Own Recognizance Article 10: Violations Chapter 1.7: Pretrial Risk Assessment Tool Validation Chapter 2: Who May Be Witnesses in Criminal Actions Chapter 3: Compelling the Attendance of Witnesses Chapter 3a: Attendance of Witnesses Outside the State Chapter 4: Examination of Witnesses Conditionally Chapter 4.5: Examination of Victims of Sexual Crimes Chapter 5: Examination of Witnesses on Commission Chapter 6: Inquiry into the Competence of the Defendant Before Trial or After Conviction Chapter 7: Compromising Certain Public Offenses by Leave of the Court Chapter 8: Dismissal of the Action for Want of Prosecution or Otherwise Chapter 8.5: Agreement on Detainers Chapter 9: Proceedings Against Corporations Chapter 10: Entitling Affidavits Chapter 11: Errors and Mistakes in Pleadings and Other Proceedings Chapter 12: Disposal of Property Stolen or Embezzled Chapter 13: Disposition of Evidence in Criminal Cases Chapter 14: Disposition of Unclaimed Money Held by District Attorney or Court Clerk Chapter 15: Disqualification of Prosecuting Attorneys Chapter 1: Proceedings in Misdemeanor and Infraction Cases Chapter 2: Appeals In Misdemeanor and Infraction Cases Chapter 3: Transfer of Misdemeanor and Infraction Appeals Chapter 1: Of the Writ of Habeas Corpus Chapter 2: Pretrial Review Chapter 3: Of Search Warrants Chapter 3.5: Disclosure of Medical Records to Law Enforcement Agencies Chapter 3.6: Electronic Communications Privacy Act Chapter 4: Proceedings Against Fugitives From Justice Chapter 5: Miscellaneous Provisions Respecting Special Proceedings of a Criminal Nature Title 13: Proceedings for Bringing Persons Imprisoned in the State Prison, or the Jail of Another County, Before a Court Title 15: Outpatient Status for Mentally Disordered and Developmentally Disabled Offenders
§ 1367 (a) A person shall not be tried or adjudged to punishment or have their probation, mandatory supervision, postrelease community supervision, or parole… § 1368 (a) If, during the pendency of an action and prior to judgment, or during revocation proceedings for a violation of probation, mandatory supervision, … § 1368.1 (a) (1) If the action is on a complaint charging a felony, proceedings to determine mental competence shall be held prior to the filing of an informat… § 1369 A determination of the question of mental competence shall proceed in the following order: (a) (1) The court shall suspend criminal proceedings and sh… § 1369.5 (a) A document submitted to a court pursuant to this chapter, including, but not limited to, Sections 1369, 1370, 1370.01, 1370. § 1370 (a) (1) (A) If the defendant is found mentally competent, the criminal process shall resume, the trial on the offense charged or hearing on the allege… § 1370.01 (a) If the defendant is found mentally competent, the criminal process shall resume, and the trial on the offense charged or hearing on the alleged vi… § 1370.015 A person committed to the care of the State Department of State Hospitals because he or she is incompetent to stand trial or to be adjudged to punishm… § 1370.02 (a) If the defendant is found mentally competent during a postrelease community supervision or parole revocation hearing, the revocation proceedings s… § 1370.1 (a) (1) (A) If the defendant is found mentally competent, the criminal process shall resume, the trial on the offense charged or hearing on the allege… § 1370.2 If a person is adjudged mentally incompetent pursuant to the provisions of this chapter, the superior court may dismiss any misdemeanor charge pending… § 1370.3 A person committed to a state hospital or other treatment facility under the provisions of this chapter may be placed on outpatient status from such c… § 1370.4 If, in the evaluation ordered by the court under Section 1370. § 1370.5 (a) A person committed to a state hospital or other public or private mental health facility pursuant to the provisions of Section 1370, 1370. § 1370.6 (a) If a mentally incompetent defendant is admitted to a county jail treatment facility pursuant to Section 1370, the department shall provide restora… § 1371 The commitment of the defendant, as described in Section 1370, 1370.1, 1370.01, or 1370. § 1372 (a) (1) If the medical director of a state hospital, a person designated by the State Department of State Hospitals at an entity contracted by the dep… § 1373 The expense of sending the defendant to the state hospital or other facility, and of bringing him or her back, are chargeable to the county in which t… § 1373.5 In every case where a claim is presented to the county for money due under the provisions of section 1373 of this code, interest shall be allowed from… § 1374 When a defendant who has been found incompetent is on outpatient status under Title 15 (commencing with Section 1600) of Part 2 and the outpatient tre… § 1375 Claims by the state for all amounts due from any county by reason of the provisions of Section 1373 of this code shall be processed and paid by the co… § 1375.5 (a) Time spent by a person in a treatment facility or county jail as a result of proceedings under this chapter shall be credited against the sentence… § 1376 (a) As used in this section, the following definitions shall apply: (1) “Intellectual disability” means the condition of significantly subaverage gene…