People v. Khademi CA3

BACKGROUND

The People charged Khademi with aggravated battery by gassing on a peace officer (§ 243.9, subd. (a)). At a bail hearing, defense counsel declared a doubt as to Khademi’s competence to stand trial. The court held a hearing, considered a report prepared by a licensed psychologist, and determined that Khademi was incompetent to stand trial. The trial court then held a separate hearing to determine Khademi’s placement. The Placer County Adult System of Care recommended that he “be placed in a Jail Based Competency Treatment or the Department of State Hospital[s] for restoration of competency” because “[h]e has proven that he is unable to cooperate with treatment and rules even while in the most secure setting of jail custody.” The court ordered Khademi committed to the Department of State Hospitals. At the request of defense counsel, the court set a further hearing to determine whether to order involuntary administration of antipsychotic medication. At the next hearing, the trial court considered the reports of two psychologists as well as a memorandum from the Placer County Adult System of Care, which attached the conclusions of an evaluating psychiatrist. The evaluating…