Is SB 1187 Retroactive for Competency Commitments?

Senate Bill 1187, which reduces the time for a civil commitment from three years to two years following a finding of incompetency to stand trial (usually after a defense attorney declares a doubt under Penal Code § 1368), is not retroactive. In a recent appellate court opinion, the Fifth Appellate District evaluated the argument that it was retroactive and disagreed on several grounds. To read a short summary of the opinion, please click on the following link –

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