CALCRIM No. 3451

Y ou must decide whether the defendant is mentally competent to stand

trial. That is the only purpose of this proceeding. Do not consider

whether the defendant is guilty or not guilty of any crime or whether

(he/she) was sane or insane at the time that any alleged crime was

committed.

The defendant is mentally competent to stand trial if (he/she) can do all

of the following:

1. Understand the nature and purpose of the criminal proceedings

against (him/her);

2. Assist, in a rational manner, (his/her) attorney in presenting (his/

her) defense;

AND

3. Understand (his/her) own status and condition in the criminal

proceedings.

The law presumes that a defendant is mentally competent. In order to

overcome this presumption, ((the defendant/the People) must prove/it

must be proved) that it is more likely than not that the defendant is now

mentally incompetent because of a (mental disorder/developmental

disability).

[A developmental disability is a disability that begins before a person is

18 years old and continues, or is expected to continue, for an indefinite

period of time. It must be a substantial handicap and does not include

other handicapping conditions that are solely physical in nature.

Examples of developmental disabilities include intellectual disability,

cerebral palsy, epilepsy, autism, and conditions closely related to

intellectual disability or requiring treatment similar to that required for

intellectually disabled individuals.]

New January 2006; Revised October 2021