AMENDMENT TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on May 12, 2022, effective May 13, 2022 Rule 4.130. Mental competency proceedings ............................................................ 2 1 Rule 4.220. Remote video proceedings in traffic infraction cases [Repealed] .......... 5 2 3

2 Rule 4.130. Mental competency proceedings 1 2 (a)–(c) * * * 3 4 (

d) Examination of defendant after initiation of mental competency proceedings 5 6 (1) * * * 7 8

(2) Any court-appointed experts must examine the defendant and advise the 9 court on the defendant’s competency to stand trial. Experts’ reports are to be 10 submitted to the court, counsel for the defendant, and the prosecution. The 11 report must include the following: 12 13 (A)–(E) * * * 14 15 (

F) A list of all sources of information considered by the examiner, 16 including legal, medical, school, military, regional center, employment, 17 hospital, and psychiatric records; the evaluations of other experts; the 18 results of psychological testing; police reports; criminal history; the 19 statement of the defendant; statements of any witnesses to the alleged 20 crime; booking information, mental health screenings, and mental 21 health records following the alleged crime; consultation with the 22 prosecutor and defendant’s attorney; and any other collateral sources 23 considered in reaching his or her conclusion; and 24 25 (

G) If the defendant is charged with a felony offense, a recommendation, if 26 possible, for a placement or type of placement or treatment program 27 that is most appropriate for restoring the defendant to competency; and 28 29 (

H) If the defendant is charged only with a misdemeanor offense, an 30 opinion based on present clinical impressions and available historical 31 data as to whether the defendant, regardless of custody status, appears 32 to be gravely disabled, as defined in Welfare and Institutions Code 33

section 5008(h)(1)(A). 34 35 (3) * * * 36 37 (Subd (

d) amended effective May 13, 2022; previously amended effective January 1, 2018, 38 January 1, 2020, and September 1, 2020.) 39 40 (e) * * * 41 42

3 (

f) Posttrial procedure 1 2

(1) If the defendant is found mentally competent, the court must reinstate the 3 criminal proceedings. 4 5

(2) If the defendant in a felony case is found to be mentally incompetent under 6

section 1370 or the defendant in any criminal action is found to be mentally 7 incompetent under

section 1370.1 due to a developmental disability, the 8 criminal proceedings remain suspended and the court must either: 9 10 (

A) Must issue an order committing the person for restoration treatment 11 under the provisions of the governing statute; or 12 13 (

B) In the case of a person eligible for commitment under Penal Code 14 sections 1370 or 1370.01, if the person is found incompetent due to a 15 mental disorder, may consider placing the committed person on a 16 program of diversion under

section 1001.36 in lieu of commitment. 17 18

(3) If the defendant is found to be mentally incompetent in a misdemeanor case 19 under

section 1370.01, the criminal proceedings remain suspended, and the 20 court may dismiss the case under

section 1385 or conduct a hearing to 21 consider placing the person on a program of diversion under

section 1001.36. 22 23 (Subd (

f) amended effective May 13, 2022; previously amended effective January 1, 2020.) 24 25 (

g) Diversion of a person eligible for commitment under

section 1370 or 1370.01 26 Reinstatement of felony proceedings under

section 1001.36(d) 27 28

(1) After the court finds that the defendant is mentally incompetent and before 29 the defendant is transported to a facility for restoration under

section 30 1370(a)(1)(B)(i), the court may consider whether the defendant may benefit 31 from diversion under Penal Code

section 1001.36. The court may set a 32 hearing to determine whether the defendant is an appropriate candidate for 33 diversion. When determining whether to exercise its discretion to grant 34 diversion under this section, the court may consider previous records of 35 participation in diversion under

section 1001.36. 36 37

(2) The maximum period of diversion after a finding that the defendant is 38 incompetent to stand trial is the lesser of two years or the maximum time for 39 restoration under Penal Code

section 1370(c)(1) (for felony offenses) or 40 1370.01(c)(1) (for misdemeanor offenses). 41 42

(3) The court may not condition a grant of diversion for defendant found to be 1 incompetent on either: 2 3 (

A) The defendant’s consent to diversion, either personally, or through 4 counsel; or 5 6 (

B) A knowing and intelligent waiver of the defendant’s statutory right to a 7 speedy trial, either personally, or through counsel. 8 9

(4) A finding that the defendant suffers from a mental health disorder or 10 disorders rendering the defendant eligible for diversion, any progress reports 11 concerning the defendant’s treatment in diversion, or any other records 12 related to a mental health disorder or disorders that were created as a result of 13 participation in, or completion of, diversion or for use at a hearing on the 14 defendant’s eligibility for diversion under this section, may not be used in 15 any other proceeding without the defendant’s consent, unless that information 16 is relevant evidence that is admissible under the standards described in

article 17 I,

section 28(f)(2) of the California Constitution. 18 19

(5) If a defendant eligible for commitment under

section 1370 is granted diversion 20 under

section 1001.36, and during the period of diversion, the court determines that 21 criminal proceedings should be reinstated under Penal Code

section 1001.36(d), the 22 court must, under Penal Code

section 1369, appoint a psychiatrist, licensed 23 psychologist, or any other expert the court may deem appropriate, to examine the 24 defendant and return a report, opining on the defendant’s competence to stand trial. 25 The expert’s report must be provided to counsel for the People and to the 26 defendant’s counsel. 27 28 (A)(1) * * * 29 30 (B)(2) * * * 31 32 (C)

(3) If the court finds by a preponderance of the evidence that the defendant 33 is mentally incompetent, criminal proceedings must remain suspended, and 34 the court must order that the defendant be committed, under Penal Code 35

section 1370 (for felonies) or 1370.01 (for misdemeanors), and placed for 36 restoration treatment. 37 38 (D)

(4) If the court concludes, based on substantial evidence, that the defendant 39 is mentally incompetent and is not likely to attain competency within the time 40 remaining before the defendant’s maximum date for returning to court, and 41 has reason to believe the defendant may be gravely disabled, within the 42 meaning of Welfare and Institutions Code

section 5008(h)(1), the court may, 43

5 instead of issuing a commitment order under Penal Code sections 1370 or 1 1370.01, refer the matter to the conservatorship investigator of the county of 2 commitment to initiate conservatorship proceedings for the defendant under 3 Welfare and Institutions Code

section 5350 et seq. 4 5

(6) If the defendant performs satisfactorily and completes diversion, the case 6 must be dismissed under the procedures stated in Penal Code

section 7 1001.36, and the defendant must no longer be deemed incompetent to stand 8 trial. 9 10 (Subd (

g) amended effective May 13, 2022; adopted effective January 1, 2020; previously 11 amended effective September 1, 2020.) 12 13 (

h) Posttrial hearings on competence under

section 1370 14 15 (1) * * * 16 17

(2) On receipt of the an evaluation report under (h)(1) or an evaluation by the 18 State Department of State Hospitals under Welfare and Institutions Code 19

section 4335.2, the court must direct the clerk to serve a copy on counsel for 20 the People and counsel for the defendant. If, in the opinion of the appointed 21 expert or the department’s expert, the defendant has regained competence, 22 the court must conduct a hearing, as if a certificate of restoration of 23 competence had been filed under Penal Code

section 1372(a)(1), except that 24 a presumption of competency does not apply. At the hearing, the court may 25 consider any evidence, presented by any party, which that is relevant to the 26 question of the defendant’s current mental competency. 27 28 (A)–(C) * * * 29 30 Subd (

h) amended effective May 13, 2022; adopted effective January 1, 2020.) 31 32 Rule 4.130 amended effective May 13, 2022; adopted effective January 1, 2007; previously 33 amended effective January 1, 2018, January 1, 2020, and September 1, 2020. 34 35 36 Rule 4.220. Remote video proceedings in traffic infraction cases [Repealed] 37 38 (

a) Authorization for remote video proceedings 39 40 A superior court may by local rule permit arraignments, trials, and related 41 proceedings concerning the traffic infractions specified in (

b) to be conducted by 42 two-way remote video communication methods under the conditions stated below. 43

6 1 (

b) Definitions 2 3 For the purposes of this rule: 4 5 (1) “Infraction” means any alleged infraction involving a violation of the Vehicle 6 Code or any local ordinance adopted under the Vehicle Code, other than an 7 infraction cited under

article 2 (commencing with

section 23152) of

chapter 12 8 of division 11 of the Vehicle Code, except that the procedures for remote video 9 trials authorized by this rule do not apply to any case in which an informal 10 juvenile and traffic court exercises jurisdiction over a violation under sections 11 255 and 256 of the Welfare and Institutions Code. 12 13 (2) “Remote video proceeding” means an arraignment, trial, or related proceeding 14 conducted by two-way electronic audiovisual communication between the 15 defendant, any witnesses, and the court in lieu of the physical presence of both 16 the defendant and any witnesses in the courtroom. 17 18 (3) “Due date” means the last date on which the defendant’s appearance is timely 19 under this rule. 20 21 (

c) Application 22 23 This rule establishes the minimum procedural requirements and options for courts 24 that conduct remote video proceedings for cases in which a defendant is charged with 25 an infraction as defined in (

b) and the defendant requests to proceed according to this 26 rule. 27 28 (

d) Designation of locations and presence of court clerk 29 30

(1) The court must designate the location or locations at which defendants may 31 appear with any witnesses for a remote video proceeding in traffic infraction cases. 32 33

(2) The locations must be in a public place, and the remote video proceedings must 34 be viewable by the public at the remote location as well as at the courthouse. 35 36

(3) A court clerk must be present at the remote location for all remote video 37 proceedings. 38 39 (

e) Required procedures and forms and request by defendant 40 41 A court that conducts remote video proceedings under this rule must comply with the 42 following procedures and use the required forms in this section. In addition to 43

7 following the standard provisions for processing traffic infraction cases, the defendant 1 may request to proceed by remote video proceeding as provided below. 2 3

(1) Arraignment and trial on the same date 4 5 The following procedures apply to a remote video proceeding when the court 6 grants a defendant's request to have an arraignment and trial on the same date: 7 8 (

A) The defendant must review a copy of the Instructions to Defendant for 9 Remote Video Proceeding (form TR-500-INFO). 10 11 (

B) To proceed by remote video arraignment and trial, the defendant must 12 sign and file a Notice and Waiver of Rights and Request for Remote 13 Video Arraignment and Trial (form TR-505) with the clerk by the 14 appearance date indicated on the Notice to Appear or a continuation of 15 that date granted by the court and must deposit bail when filing the form. 16 17 (

C) A defendant who is dissatisfied with the judgment in a remote video trial 18 may appeal the judgment under rules 8.901-8.902. 19 20

(2) Arraignment on a date that is separate from a trial date 21 22 The following procedures apply to a remote video proceeding when the court 23 grants a defendant's request to have an arraignment that is set for a date that is 24 separate from the trial date: 25 26 (

A) The defendant must review a copy of the Instructions to Defendant for 27 Remote Video Proceeding (form TR-500-INFO). 28 29 (

B) To proceed by remote video arraignment on a date that is separate 30 from a 31 trial date, the defendant must sign and file a Notice and Waiver of 32 Rights and Request for Remote Video Proceeding (form TR-510) 33 with the clerk by the appearance date indicated on the Notice to 34 Appear or a continuation of that date granted by the court. 35 36

(3) Trial on a date that is separate from the date of arraignment 37 38 The following procedures apply to a remote video proceeding when the court 39 grants a defendant's request at arraignment to have a trial set for a date that is 40 separate from the date of the arraignment: 41 42 (

A) The defendant must review a copy of the Instructions to Defendant for 43

8 Remote Video Proceeding (form TR-500-INFO). 1 2 (

B) To proceed by remote video trial, the defendant must sign and file a 3 Notice and Waiver of Rights and Request for Remote Video Proceeding 4 (form TR-510) with the clerk by the appearance date indicated on the 5 Notice to Appear or a continuation of that date granted by the court and 6 must deposit bail with the form as required by the court under

section (f). 7 8 (

C) A defendant who is dissatisfied with the judgment in a remote video trial 9 may appeal the judgment under rules 8.901-8.902. 10 11

(4) Judicial Council forms for remote video proceedings 12 13 The following forms must be made available by the court and used by the 14 defendant to implement the procedures that are required under this rule: 15 16 (

A) Instructions to Defendant for Remote Video Proceeding (form TR-500 17 INFO); 18 19 (

B) Notice and Waiver of Rights and Request for Remote Video Arraignment 20 and Trial (form TR-505); and 21 22 (

C) Notice and Waiver of Rights and Request for Remote Video Proceeding 23 (form TR-510). 24 25 (

f) Deposit of bail 26 27 Procedures for deposit of bail to process requests for remote video proceedings must 28 follow rule 4.105. 29 30 (

g) Appearance of witnesses 31 32 On receipt of the defendant's waiver of rights and request to appear for trial as 33 specified in

section (e)(1) or (e)(3), the court may permit law enforcement officers 34 and other witnesses to testify at the remote location or in court and be cross-examined 35 by the defendant from the remote location. 36 37 (

h) Authority of court to require physical presence of defendant and witnesses 38 39 Nothing in this rule is intended to limit the authority of the court to issue an order 40 requiring the defendant or any witnesses to be physically present in the courtroom in 41 any proceeding or portion of a proceeding if the court finds that circumstances require 42 the physical presence of the defendant or witness in the courtroom. 43

9 1 (

i) Extending due date for remote video trial 2 3 If the clerk receives the defendant's written request for a remote video arraignment and 4 trial on form TR-505 or remote video trial on form TR-510 by the appearance date 5 indicated on the Notice to Appear and the request is granted, the clerk must, within 10 6 court days after receiving the defendant's request, extend the appearance date by 25 7 calendar days and must provide notice to the defendant of the extended due date on the 8 Notice and Waiver of Rights and Request for Remote Video Arraignment and Trial 9 (form TR-505) or Notice and Waiver of Rights and Request for Remote Video 10 Proceeding (form TR-510) with a copy of any required local forms. 11 12 (

j) Notice to arresting officer 13 14 If a court grants the defendant's request for a remote video proceeding after receipt of 15 the defendant's Notice and Waiver of Rights and Request for Remote Video 16 Arraignment and Trial (form TR-505) or Notice and Waiver of Rights and Request for 17 Remote Video Proceeding (form TR-510) and bail deposit, if required, the clerk must 18 deliver, mail, or e-mail a notice of the remote video proceedings to the arresting or 19 citing law enforcement officer.

The notice to the officer must specify the location and 20 date for the remote video proceeding and provide an option for the officer to request at 21 least five calendar days before the appearance date to appear in court instead of at the 22 remote location. 23 24 (

k) Due dates and time limits 25 26 Due dates and time limits must be as stated in this rule, unless extended by the court. 27 The court may extend any date, and the court need not state the reasons for granting 28 or denying an extension on the record or in the minutes. 29 30 (

l) Ineligible defendants 31 32 If the defendant requests a remote video proceeding and the court determines that the 33 defendant is ineligible, the clerk must extend the due date by 25 calendar days and 34 notify the defendant of the determination and the new due date. 35 36 (

m) Noncompliance 37 38 If the defendant fails to comply with this rule (including depositing the bail amount 39 when required, signing and filing all required forms, and complying with all time 40 limits and due dates), the court may deny a request for a remote video proceeding and 41 may proceed as otherwise provided by statute. 42 43

10 (

n) Fines, assessments, or penalties 1 2 This rule does not prevent or preclude the court from imposing on a defendant who is 3 found guilty any lawful fine, assessment, or other penalty, and the court is not limited 4 to imposing money penalties in the bail amount, unless the bail amount is the 5 maximum and the only lawful penalty. 6 7 (

o) Local rules and forms 8 9 A court establishing remote video proceedings under this rule may adopt such local 10 rules and additional forms as may be necessary or appropriate to implement the rule 11 and the court's local procedures not inconsistent with this rule. 12 13 (

p) Notice and collection of information and reports on remote video proceedings 14 15 Each court that establishes a local rule authorizing remote video proceedings under 16 this rule must notify the Judicial Council, institute procedures as required by the 17 council for collecting and evaluating information about that court's program, and 18 prepare semiannual reports to the council that include an assessment of the costs and 19 benefits of remote video proceedings at that court. 20 21 Rule 4.220 repealed effective May 13, 2022; adopted effective February 1, 2013; previously 22 amended effective September 1, 2015. 23 24