Pederson

We are called upon to review the constitutionality of Penal Code section 13 67.1, pertaining to evaluations of misdemeanor defendants who a trial judge believes may be incompetent to stand trial due to a mental disorder. Section 1367.1, subdivisions (b) and (c), require that (1) trial of a misdemeanor defendant suspected of incompetence be suspended; (2) the defendant be referred for evaluation and treatment under section 4011.6, which incorporates the Lanterman-Petris-Short (EPS) Act (Welf. & Inst. Code, § 5000 et seq.); and (3) criminal proceedings be suspended until treatment is concluded. Section 1367.1 also provides that if treatment under the EPS Act does not restore competence, the misdemeanor defendant is then subject to the same proceedings as is a felony defendant thought to be incompetent to stand trial due to a mental disorder. A felony defendant is not required to undergo evaluation and treatment under EPS prior to a competency determination.

We hold that section 1367.1 deprives misdemeanor defendants of the equal protection of the laws, and that it cannot be construed or reformed to preserve its constitutionality.

Summary of Facts and Procedure

Petitioner…