PC 1054.3(b)(1) does not authorize a court-ordered prosecution-requested mental examination of the defendant when the defendant requests mental health diversion. In consolidated writ proceedings, the Court of Appeal held that the trial courts erred in ordering prosecution-requested mental examinations when the defendants requested diversion under PC 1101.36.  PC 1054.3(b)(1) authorizes a court-ordered prosecution-requested mental examination only when a defendant places his or her mental state in issue for trial through expert testimony. The plain language of the statute, the surrounding discovery scheme, and the legislative history of AB 1516 confine the statute to trial.

The full opinion is on the court’s website here: https://www.courts.ca.gov/opinions/documents/D087742.PDF