#TeamJustice is a coalition of partners who are committed to doing the work in state legislations to create meaningful changes in our criminal justice system under the equity and justice lens for the Black and Brown communities.
#MomsAgainstTorture and #TeamJustice are advocating for you to SUPPORT AB1630 in this 2022 legislative cycle.
Bill Summary: Vulnerable Defendant’s Right to a Fair Trial
Existing law presumes that a defendant is competent unless shown, by a preponderance of evidence, that the defendant is incompetent. Existing law also requires the counsel for the defendant to offer evidence in support of the allegation of mental incompetence and, if they decline to do so, authorizes the prosecution to do so.
AB1630 will:
Improve record-keeping and communication, so courts have updated competency findings for defendants
Increase access to diversion programs by making them part of the competency evaluation
Shift the burden to the State to prove competence once a court-appointed evaluator has concluded a defendant is incompetent to stand trial.
Bill Status:
AB1630 was passed out of the Assembly and will be going to the Senate Public Safety Committee on Tuesday 6/21
Please contact the committee reps so they know you want them to support AB1630.
Action items to do for 6/21
Help pass AB1630 out of Senate Public Safety (scroll for email and call script templates:
Adjust the template message below to include your information and anything you would like to add about why you support AB1630
Email template:
Greetings,
I am writing to urge the Assemblymember to support AB1630 when it comes to the Senate Public Safety Committee for a vote this week.
AB 1630 addresses issues with California’s Incompetence to Stand Trial procedures that have caused poor individuals with mental illness to be cycled through the criminal legal system instead of receiving adequate treatment. This is a priority reform area for the State. As of November 2021, there were 1,700 individuals waiting in jail for competency restoration treatment.
AB 1630 will implement three of the recommendations published by the Incompetence to Stand Trial Work Group in November 2021. Specifically, AB1630 will amend provisions of the Penal Code to increase accountability, discourage unnecessary trials, and promote early access to treatment for the vulnerable individuals who become system-involved as the result of a mental illness.
I am asking the Assemblymember to SUPPORT AB1630.
Call script: Hello, I am a constituent of Assemblymember _____________’s in [city/district]. I am calling to urge the Assemblymember to support AB1630 when it comes to Senate Public Safety for a vote this week. The Vulnerable Defendant's Right to a Fair Trial Act upholds due process for defendants deemed incompetent to stand trial and puts a stop to one of the ways individuals with mental illness are cycled through the criminal legal system instead of receiving adequate treatment. Please SUPPORT AB1630. Thank you!