Criminal procedure: borderline personality disorder.

Existing law prohibits a person from being tried for a criminal offense while they are mentally incompetent. Existing law prescribes the procedure for a person found to be mentally incompetent to be restored to competence. Existing law creates the Mental Health Diversion Fund to be used for the purpose of supporting county activities that will divert individuals with serious mental illnesses away from the criminal justice system and lead to a reduction of felony incompetent to stand trial determinations. Existing law describes the target population for mental health diversion as individuals diagnosed with a mental disorder, as specified, excluding antisocial personality disorder, borderline personality disorder, and pedophilia. This bill would remove borderline personality disorder as an exclusion for pretrial diversion. Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice. Existing law requires a court to dismiss an enhancement if it is in the furtherance of justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute. Existing law requires the court to consider and afford great weight to evidence offered by the defendant to prove that specified mitigating circumstances are present, including when the offense is connected to a mental illness, as specified, excluding antisocial personality disorder, borderline personality disorder, and pedophilia. This bill would remove borderline personality disorder as an exclusion for the purposes of the court's evaluation of mitigating circumstances under this provision. This bill would incorporate additional changes to Section 4361 of the Welfare and Institutions Code proposed by SB 1323 to be operative only if this bill and SB 1323 are enacted and this bill is enacted last.