5275-5278
WELFARE AND INSTITUTIONS CODE
SECTION 5275-5278
5275. Every person detained by certification for intensive
treatment shall have a right to a hearing by writ of habeas corpus
for his or her release after he or she or any person acting on his or
her behalf has made a request for release to either (a) the person
delivering the copy of the notice of certification to the person
certified at the time of the delivery, or (b) to any member of the
treatment staff of the facility providing intensive treatment, at any
time during the period of intensive treatment pursuant to Section
5250, 5260, or 5270.10.
Any person delivering a copy of the certification notice or any
member of the treatment staff to whom a request for release is made
shall promptly provide the person making the request for his or her
signature or mark a copy of the form set forth below. The person
delivering the copy of the certification notice or the member of the
treatment staff, as the case may be, shall fill in his or her own
name and the date, and, if the person signs by mark, shall fill in
the person's name, and shall then deliver the completed copy to the
professional person in charge of the intensive treatment facility, or
his or her designee, notifying him or her of the request. As soon as
possible, the person notified shall inform the superior court for
the county in which the facility is located of the request for
release.
Any person who intentionally violates this section is guilty of a
misdemeanor.
The form for a request for release shall be substantially as
follows:
(Name of the facility) ___ day of ____ 19__
I, ____ (member of the treatment staff, or person delivering the
copy of the certification notice), have today received a request for
the release of ____ (name of patient) from the undersigned patient on
his or her own behalf or from the undersigned person on behalf of
the patient.
___________________________________
Signature or mark of patient
making
request for release
___________________________________
Signature or mark of person making
request on behalf of patient
5276. Judicial review shall be in the superior court for the county
in which the facility providing intensive treatment is located or in
the county in which the 72-hour evaluation was conducted if the
patient or a person acting in his or her behalf informs the
professional staff of the evaluation facility (in writing) that
judicial review will be sought. No patient shall be transferred from
the county providing evaluation services to a different county for
intensive treatment if the staff of the evaluation facility has been
informed in writing that a judicial review will be sought, until the
completion of the judicial review. The person requesting to be
released shall be informed of his or her right to counsel by the
member of the treatment staff and by the court; and, if he or she so
elects, the court shall immediately appoint the public defender or
other attorney to assist him or her in preparation of a petition for
the writ of habeas corpus and, if he or she so elects, to represent
him or her in the proceedings. The person shall pay the costs of the
legal service if he or she is able.
Reasonable attempts shall be made by the mental health facility to
notify family members or any other person designated by the patient,
of the time and place of the judicial review, unless the patient
requests that this information not be provided. The patient shall be
advised by the facility that is treating the patient that he or she
has the right to request that this information not be provided.
The court shall either release the person or order an evidentiary
hearing to be held within two judicial days after the petition is
filed. If the court finds, (a) that the person requesting release is
not, as a result of mental disorder or impairment by chronic
alcoholism, a danger to others, or to himself or herself, or gravely
disabled, (b) that he or she had not been advised of, or had
accepted, voluntary treatment, or (c) that the facility providing
intensive treatment is not equipped and staffed to provide treatment,
or is not designated by the county to provide intensive treatment he
or she shall be released immediately.
5276.1. The person requesting release may, upon advice of counsel,
waive the presence at the evidentiary hearing of the physician,
licensed psychologist who meets the requirements of the first
paragraph of Section 5251, or other professional person who certified
the petition under Section 5251 and of the physician, or licensed
psychologist who meets the requirements of the second paragraph of
Section 5251, providing intensive treatment. In the event of such a
waiver, such physician, licensed psychologist, or other professional
person shall not be required to be present at the hearing if it is
stipulated that the certification and records of such physicians,
licensed psychologists, or other professional persons concerning the
mental condition and treatment of the person regarding release will
be received in evidence.
5276.2. In the event that the person, or anyone acting on his or
her behalf, withdraws the request for judicial review, a
certification review hearing shall be held within four days of the
withdrawal of the request, and the procedures in Sections 5255 to
5256.8, inclusive, shall be applicable.
5277. A finding under Section 5276 shall not be admissible in
evidence in any civil or criminal proceeding without the consent of
the person who was the subject of the finding.
5278. Individuals authorized under this part to detain a person for
72-hour treatment and evaluation pursuant to Article 1 (commencing
with Section 5150) or Article 2 (commencing with Section 5200), or to
certify a person for intensive treatment pursuant to Article 4
(commencing with Section 5250) or Article 4.5 (commencing with
Section 5260) or Article 4.7 (commencing with Section 5270.10) or to
file a petition for post-certification treatment for a person
pursuant to Article 6 (commencing with Section 5300) shall not be
held either criminally or civilly liable for exercising this
authority in accordance with the law.