SAN FRANCISCO – The California Court of Appeal has ruled that the state’s prolonged detention of people who have been declared incompetent to stand trial due to psychiatric or intellectual disability violates their right to due process. This has profound implications for the thousands of people who languish in county jails every year because they cannot stand trial or pursue their defense without adequate treatment for their disabilities.
“The court recognized that California cannot continue to warehouse people in jail for months at a time while it denies them both their right to a trial and the mental health treatment they need to become competent to have a trial,” said Michael Risher, counsel for the ACLU Foundation of Northern California. “These are people who have not been convicted of any crime and cannot even demand a trial because of their condition. The ruling affirms that they must have access to prompt treatment, and it highlights the need for the Legislature to address the root causes of this crisis once and for all.”