5225-5230
WELFARE AND INSTITUTIONS CODE
SECTION 5225-5230
5225. Whenever a criminal defendant who appears, as a result of
chronic alcoholism or the use of narcotics or restricted dangerous
drugs, to be a danger to others, to himself, or to be gravely
disabled, is brought before any judge, the judge may order the
defendant's evaluation under conditions set forth in this article,
provided evaluation services designated in the county plan pursuant
to Section 5654 are available.
5226. Such a criminal defendant must be advised of his right to
immediately continue with the criminal proceeding, and it is the duty
of the judge to apprise the defendant fully of his option and of the
consequences which will occur if the defendant chooses the
evaluation procedures. The defendant shall have a right to legal
counsel at the proceedings at which the choice is made.
5226.1. If a judge issues an order for evaluation under conditions
set forth in this article, proceedings on the criminal charge then
pending in the court from which the order for evaluation issued shall
be dismissed or suspended until such time as the evaluation of the
defendant and the subsequent detention of the defendant for
involuntary treatment, if any, are completed. Upon completion of such
evaluation and detention, if any, the defendant shall, if such
criminal charge has not been dismissed, be returned by the sheriff of
the county in which the order of evaluation was made, from the
evaluation or intensive treatment facility to the custody of the
sheriff who shall return the defendant to the court where the order
for evaluation was made, and proceedings on the criminal charge shall
be resumed or dismissed. If, during evaluation or detention for
involuntary treatment, the defendant is recommended for
conservatorship, and if the criminal charge has not previously been
dismissed, the defendant shall be returned by the sheriff to the
court in which such charge is pending for the disposition of the
criminal charge prior to the initiation of the conservatorship
proceedings. The judge of such court may order such defendant to be
detained in the evaluation or treatment facility until the day set
for the resumption of the proceedings on the criminal charge.
5227. The order for evaluation shall be in substantially the
following form:
In the ____ Court of the State of California for
the
County of _____
______________________________
The People of the State of No.
California _______
Concerning Order
______________________________ for
and Evaluation
______________________________
Respondents
______________________________
The People of the State of California to
_________________________________________________
________________________________________________:
(Professional person in charge of the facility
providing evaluation)
______ has appeared before me and appears to be,
as a result
of ______ (chronic alcoholism, the use of
narcotics, or the use
of restricted dangerous drugs), a danger to
himself, or others, or
gravely disabled.
Now, therefore, you are directed to evaluate
______ at
______ on the ____ day of ____, 19_, at __
o'clock
_m.
Witness my hand, this ____ day of ____, 19_.
__________________
Judge of the ___
Court
Return of Order
I hereby certify that I received the above order
for the evaluation
of ______ and on the ____ day of ____, 19_,
personally served a copy of the order and of the
petition on the professional
person in charge of the ______, a facility for
treatment and
evaluation, or his designee.
Dated: _______, 19__.
___________________________________________
Signature and title
5228. As promptly as possible, a copy of the order for evaluation
shall be personally served on the person to be evaluated and the
professional person in charge of the facility for treatment and
evaluation named in the order, or his designee.
5229. At the time a person is ordered to undergo evaluation, or
within a reasonable time thereafter, unless a responsible relative or
the guardian or conservator of the person is in possession of the
person's personal property, the person shall take reasonable
precautions to preserve and safeguard the personal property in the
possession of or on the premises occupied by the person. The person
responsible for taking him to the evaluation facility shall then
furnish to the court a report generally describing the person's
property so preserved and safeguarded and its disposition, in
substantially the form set forth in Section 5211; except that if a
responsible relative or the guardian or conservator of the person is
in possession of the person's property, the report shall include only
the name of the relative or guardian or conservator and the location
of the property, whereupon responsibility of the person responsible
for taking him to the evaluation facility for such property shall
terminate.
As used in this section, "responsible relative" includes the
spouse, parent, adult child, or adult brother or sister of the
person.
5230. If, upon evaluation, the person is found to be in need of
treatment because he is, as a result of impairment by chronic
alcoholism or the use of narcotics or restricted dangerous drugs, a
danger to others, or to himself, or is gravely disabled, he may be
detained for treatment in a facility for 72-hour treatment and
evaluation. Except as provided in this section, he shall in no event
be detained longer than 72 hours from the time of evaluation or
detention for evaluation, excluding Saturdays, Sundays and holidays
if treatment services are not available on those days.
Persons who have been detained for evaluation and treatment shall
be released if the criminal charge has been dismissed; released to
the custody of the sheriff or continue to be detained pursuant to
court order under Section 5226.1; referred for further care and
treatment on a voluntary basis, subject to the disposition of the
criminal action; certified for intensive treatment; or recommended
for conservatorship pursuant to this part, subject to the disposition
of the criminal charge; as required.