California Welfare and Institutions Code 5369 – When a conservatee who has criminal charges pending against him and …
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When a conservatee who has criminal charges pending against him and has been found mentally incompetent under § 1370 of the Penal Code recovers his mental competence, the conservator shall certify that fact to the court, sheriff, and district attorney of the county in which the criminal charges are pending and to the defendant‘s attorney of record.
The court shall order the sheriff to immediately return the defendant to the court in which the criminal charges are pending. Within two judicial days of the defendant’s return, the court shall hold a hearing to determine whether the defendant is entitled to be admitted to bail or released upon his own recognizance pending conclusion of criminal proceedings.
Terms Used In California Welfare and Institutions Code 5369
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- County: includes "city and county. See California Welfare and Institutions Code 14
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(Added by Stats. 1974, Ch. 1511.)