People v. Carr
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While Carr was awaiting trial, the court found him incompetent to stand trial. In August 2015, the court ordered Carr committed to Porterville Developmental Center. Two months later, Carr remained in jail. The court ordered the facility to admit him within 21 days. Before a scheduled show-cause hearing, the parties were informed that Porterville was not a suitable placement because Carr required involuntary medication. The court continued the hearing to allow the state to determine appropriate placement. In March 2016, a Department of State Hospitals (DSH) psychiatrist certified that Carr was competent to stand trial. The court of appeal found the certificate of competency “adequate to initiate proceedings.” A hearing began in February 2018 (Penal Code 1372). In June 2018 the court found Carr incompetent and again ordered his placement at Porterville.
Carr unsuccessfully moved for release, arguing he had completed the maximum authorized three-year commitment. The trial court reasoned that DSH’s March 2016 certification of competency tolled the commitment period. The superior court rejected that argument; the period between the March 2016 certificate of competency and the June 2018 ruling counted in calculating Carr's maximum commitment time. The court of appeal affirmed. The Penal Code vests the trial court with the responsibility to determine whether a defendant found incompetent to stand trial and committed for treatment has been restored to competency. That determination, not a health official’s certification of competency that initiates court proceedings, terminates the defendant’s commitment.
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