Mentally Ill Defendants Face Long Waiting Times For Treatment – California Penal Code 1370(A)

An accused robber and schizophrenic, Van McDuffie, was found incompetent to stand trial and was ordered released from jail so he could check into a mental hospital.  Six months later, McDuffie remained in solitary confinement, waiting for a space to open up at a mental hospital.  He was not being medicated.

In June 2010, over 200 mentally ill defendants were waiting to be treated at mental hospitals. Many attorneys file orders to show cause, urging mental hospital directors to take their clients or face contempt charges.

Mental hospital directors argue that they try to accommodate mentally ill defendants, but they are under greater political pressure to commit violent sexual predators and inmates who have served their prison sentence but are still not ready to be released into society.   Thus, less resources are available for mentally ill defendants.

Defendants have waited up to six months for treatment, and during that time, they have caused serious harm to themselves.  One defendant gouged his eyes out, while another defendant tore off his testicles.  Jail officials have stated that they are grossly unequipped to handle mentally ill defendants, and they do not have the authority to force defendants to take medication if the defendants refuse.

Under California Penal Code section 1370(a)(1)(B), “[i]f the defendant is found mentally incompetent, the trial or judgment shall be suspended until the person becomes mentally competent.”  If the defendant is found mentally incompetent, he or she must be admitted to a mental health hospital or other treatment facility so that the defendant can be restored to competence.  (Penal Code section 1370(a)(1)(B)(2).)

If you or someone you know has been accused of a crime, you will need an experienced Southern California criminal defense lawyer who will aggressively defend you.  At Wallin & Klarich, we have experience in a variety of criminal matters and will explore every possible legal theory to obtain the best possible result for you.  Call us today at (888) 280-6839. We will be there when you call.