In Re Mille

Petitioner Freddy Mille (Mille) seeks a writ of habeas corpus, challenging the 84-day delay in transferring him from the Los Angeles County Jail (county jail) to Patton State Hospital (Patton), in neighboring San Bernardino County, after the superior court ordered the Los Angeles County Sheriff (sheriff) to transport Mille from the county jail to Patton for evaluation and treatment. (Pen. Code, § 1370.)

Once a trial court finds a defendant mentally incompetent to stand trial and orders the defendant committed to a state mental hospital for care and treatment to restore competence to stand trial, the state mental hospital has 90 days to make a written report to the court concerning the defendant’s progress toward recovery of mental competence. (§ 1370, subd. (b)(1).)

A “person charged by a State with a criminal offense who is committed solely on account of his incapacity to proceed to trial cannot be held more than the reasonable period of time necessary to determine whether there is a substantial probability that he will attain that capacity in the foreseeable future.” (Jackson v. Indiana (1972) 406 U.S. 715, 738 [ 32 L.Ed.2d 435 , 92 S.Ct. 1845 ], italics added…