What rights do mentally ill people have when facing criminal charges?

In California, mentally ill people have certain rights when facing criminal charges. These rights are in place to ensure that all individuals are being treated fairly and equitably. First, mentally ill defendants have the right to be informed of their Miranda rights before being questioned by police. These are the same rights that all people facing criminal charges are given, including the right to remain silent, the right to an attorney, and the right to have an attorney present during questioning. Second, mentally ill defendants have the right to a “competency evaluation,” which is an assessment of their ability to understand the charges against them and to assist in their own defense. This evaluation may be requested by the court, or by either the defense attorney or the prosecuting attorney. Third, if an individual is found to be “incompetent to stand trial” due to their mental health issues, they may be sent to an inpatient treatment facility instead of to jail. Even an individual who is found guilty and sentenced to prison may be sent to a mental health facility if the court determines that it is the best option for their mental health. Finally, defendants have the right to present evidence of their mental illness at trial, and to receive mental health treatment instead of, or in addition to, jail time. This is known as “diversion programs.” Such programs are available throughout the state of California and can provide mentally ill defendants with access to counseling, support groups, life skills classes, and other forms of therapy. These rights exist to protect the rights of mentally ill defendants when facing criminal charges in California, and to ensure that they receive the treatment and support that they are entitled to.

What rights do mentally ill people have when facing criminal charges?

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