What is the burden of proving restoration of competency at a restoration hearing?

Placing the burden of proving restoration of competency on the People promotes society's interest that an incompetent defendant will not be compelled to stand trial in cases where the evidence is evenly balanced between competence and incompetence. It is not true, as the People contend, the risk of an erroneous finding of competency is no greater at the restoration hearing than at the initial competency hearing. At the initial competency hearing the prosecution is severely limited in its access to evidence on the issue of competency. But, at the restoration hearing the circumstances are [225 Cal.App.3d 1496] reversed and it is the defendant who is limited in terms of independent psychiatric evidence of his mental state. Added to this disadvantage is the tendency of the fact finder, knowing who bears the burden of proof, to view the burdened party's evidence more skeptically as it comes in. (See United States ex rel. Bilyew v. Franzen, supra, 686 F.2d at p. 1248.) Therefore, placing the burden of proof on the defendant at the restoration hearing would make it more difficult for the defendant to prove continued incompetency than to prove incompetency initially. The illogic of this result is clear given the fact the defendant comes before the court already adjudicated incompetent to stand trial and comes not of his own volition but on the contention of the state that it has restored the defendant's competency to stand trial.