{"data":{"id":"us-ca/pen-1367","jurisdiction":"us-ca","citation":"PEN § 1367","heading":"","body":"(a) A person shall not be tried or adjudged to punishment or have their probation, mandatory supervision, postrelease community supervision, or parole revoked while that person is mentally incompetent. A defendant is mentally incompetent for purposes of this chapter if, as a result of a mental health disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner.\n(b) Section 1370 applies to a person who is charged with a felony or alleged to have violated the terms of probation for a felony or mandatory supervision and is incompetent as a result of a mental health disorder. Section 1370.01 applies to a person who is charged with a misdemeanor or misdemeanors only, or a violation of formal or informal probation for a misdemeanor, and the judge finds reason to believe that the defendant has a mental health disorder, and may, as a result of the mental health disorder, be incompetent to stand trial. Section 1370.1 applies to a person who is incompetent as a result of a developmental disability and applies to a person who is incompetent as a result of a mental health disorder, but also has a developmental disability. Section 1370.02 applies to a person alleged to have violated the terms of the person’s postrelease community supervision or parole.","path":["Penal Code - PEN","PART 2. OF CRIMINAL PROCEDURE [681. - 1620.]","TITLE 10. MISCELLANEOUS PROCEEDINGS [1268. - 1424.5.]","CHAPTER 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction [1367. - 1376.]"],"source_url":"https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zip","current_through":"2026-09-13","vintage":"","retrieved_at":"2026-09-14T05:56:33Z","sha256":"607e63b2aabffac0358fa84b938b9660cb843e6205efa9e8d9d420cd8e02b61e","source_id":"us-ca","stale":false,"prev":"us-ca/pen-1362","next":"us-ca/pen-1368"},"notice":"GroundRules: Original legal text. Not legal advice."}