They wobbled it down before the first hearing, where they moved the case to J&DR. Since he's still in J&DR (so far as I'm aware), they can't have wobbled it back up.
It doesn't work that way. They sent it to J&DR but it's not a misdemeanor until the prosecutor or judge declares it to be a misdemeanor. It can't be PROSECUTED as a felony until indictment, but it's still a felony until the prosecutor or judge says it's not.
There's a period between being arrested and the probable cause hearing where it's both a misdemeanor and a felony at the same time. If the prosecutor declares it to be a misdemeanor, then it is one until decided otherwise. It's still in sort of an indeterminate state until either a probable cause hearing or a conviction or acquittal. If the judge declares it to be a misdemeanor, then it stays that way. The judge will almost always go with the prosecutor's recommendation though.
The prosecution is still free to declare it to be a felony unless the judge disagrees. Then it goes to the probable cause hearing where the matter is settled.
What I'm saying is that unless the judge is firmly on the side of it being a misdemeanor, it's still a Schroedinger's Felony. The next hearing will be a review of Chris' competence (I'm 100% certain of this based on Chris' statements and the way the procedure seems to be going). If he's still incompetent, and Consolvo just wants to get it over with, they will drop the charges and decide if Chris is incapacitated or not and needs to be hospitalized permanently. If he's competent, he has to either take a plea deal or go to trial.
Alternatively, Consolvo can declare that he's pursuing a preliminary hearing, and throw Chris back in the funny farm if he's still incompetent, or just keep Chris in jail if he isn't. If Chris is incompetent, he'll stay in medical another six months. If he is competent, things will move pretty fast at that point and we'll see an indictment within a few weeks.
My best guess is still that they're going to let Chris go on time served, but other possibilities are still very much open.
If Chris refuses to take a deal, and they can't get Chris institutionalized permanently, I imagine that Consolvo will decide that a felony is in the cards, and Chris either stays in jail or goes back to Western State Hospital.
I believe it was misdemeanor incest on the original charge sheet, which means it had already been reduced to a misdemeanor before the first hearing.
His booking info was very much a felony. Its status of a misdemeanor or felony is a feature of how it's prosecuted. Since we can't see the docket, we don't know what its current status is, we can only guess. It's probably a misdemeanor but we won't know for sure until August.