What is the maximum confinement period for a defendant who is found incompetent to stand trial on a felony charge?

California, United States of America


The following excerpt is from People v. Olivares, B267331 (Cal. App. 2016):

3. "A defendant who, as a result of a mental disorder, is adjudged not competent to stand trial on a felony charge may be committed to a state hospital for no more than three years." (People v. Reynolds (2011) 196 Cal.App.4th 801, 806; see 1370, subd. (c)(1).) After the maximum confinement period has ended, such a defendant who remains incompetent to stand trial may be placed in a specific type of conservatorship or, alternatively, the felony charge may be dismissed, although the defendant remains potentially subject to further commitment. (People v. Reynolds, supra, 196 Cal.App.4th at p. 806.)

4. After a defendant is found incompetent to stand trial, the medical director of the state mental hospital to which the defendant is committed must submit reports to the court at statutorily defined intervals charting the defendant's progress. (People v. Karriker (2007) 149 Cal.App.4th 763, 780-781; 1370, subd. (b)(1).)

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