McKneely

Filed 5/25/23

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

DANIJA MCKNEELY,

Petitioner, v.

THE SUPERIOR COURT OF A166307

CONTRA COSTA COUNTY,

(Contra Costa County Respondent; Super. Ct. Nos. 1-194029-5;

THE PEOPLE OF THE STATE OF 1-195489-0; 1-195774-5;

CALIFORNIA, 4-196306-5)

Real Party in Interest.

If a defendant is found incompetent to stand trial and committed to the Department of State Hospitals (DSH) for restoration to mental competence under Penal Code section 1370,1 the medical director of the DSH facility is required to make periodic reports to the committing court concerning the defendant’s progress toward recovery. (§ 1370, subd. (b)(1).) If the director concludes that a defendant’s competence has been restored, the director must file with the court a certificate of restoration to competence (certificate) and the defendant is returned to the committing court. (§ 1372, subd. (a).) The court must then make a finding as to whether the defendant has recovered competence, and may hold a hearing on that issue. (§ 1372,…