During the pending hearing, Williams may decide if Torres-Mendoza should be placed in MHM Services Inc. - which provides mental health services to government agencies and which operates a secure facility in Vallejo - or one of five State Hospitals in California. Criminal charges have been suspended against Torres-Mendoza under Penal Code section 1368, which stipulates that a defendant in a criminal case cannot be tried or punished if they are mentally incompetent.