In re George

This petition for writ of habeas corpus by a person confined in Patton State Hospital raises issues concerning the constitutional rights of persons involuntarily confined after being found mentally incompetent to stand trial on criminal charges. The petition was originally filed in the Supreme Court and then transferred to this court for hearing and decision.

*60 Petitioner was arrested in Los Angeles and charged with burglary and attempted robbery.

On February 6, 1975, at the time set for arraignment, a competency hearing was held in Los Angeles County Superior Court. Evidence of petitioner’s incompetency was received from two qualified medical examiners and the trial judge found petitioner incompetent to stand trial and also found that petitioner’s incompetence was due to mental retardation. Petitioner was remanded to Pacific State Hospital in Pomona and the South Central Regional Center was ordered to examine petitioner and report its conclusions and recommendations to the court by May 1, 1975.

One of the three reports submitted by the regional center pursuant to this order has been included in the record. This report concludes that petitioner is moderately mentally…