5300-5309
WELFARE AND INSTITUTIONS CODE
SECTION 5300-5309
5300. At the expiration of the 14-day period of intensive
treatment, a person may be confined for further treatment pursuant to
the provisions of this article for an additional period, not to
exceed 180 days if one of the following exists:
(a) The person has attempted, inflicted, or made a serious threat
of substantial physical harm upon the person of another after having
been taken into custody, and while in custody, for evaluation and
treatment, and who, as a result of mental disorder or mental defect,
presents a demonstrated danger of inflicting substantial physical
harm upon others.
(b) The person had attempted, or inflicted physical harm upon the
person of another, that act having resulted in his or her being taken
into custody and who presents, as a result of mental disorder or
mental defect, a demonstrated danger of inflicting substantial
physical harm upon others.
(c) The person had made a serious threat of substantial physical
harm upon the person of another within seven days of being taken into
custody, that threat having at least in part resulted in his or her
being taken into custody, and the person presents, as a result of
mental disorder or mental defect, a demonstrated danger of inflicting
substantial physical harm upon others.
Any commitment to a licensed health facility under this article
places an affirmative obligation on the facility to provide treatment
for the underlying causes of the person's mental disorder.
Amenability to treatment is not required for a finding that any
person is a person as described in subdivisions (a), (b), or (c).
Treatment programs need only be made available to these persons.
Treatment does not mean that the treatment be successful or
potentially successful, and it does not mean that the person must
recognize his or her problem and willingly participate in the
treatment program.
5300.5. For purposes of this article:
(a) "Custody" shall be construed to mean involuntary detainment
under the provisions of this part uninterrupted by any period of
unconditioned release from a licensed health facility providing
involuntary care and treatment.
(b) Conviction of a crime is not necessary for commitment under
this article.
(c) Demonstrated danger may be based on assessment of present
mental condition, which is based upon a consideration of past
behavior of the person within six years prior to the time the person
attempted, inflicted, or threatened physical harm upon another, and
other relevant evidence.
5301. At any time during the 14-day intensive treatment period the
professional person in charge of the licensed health facility, or his
or her designee, may ask the public officer required by Section 5114
to present evidence at proceedings under this article to petition
the superior court in the county in which the licensed health
facility providing treatment is located for an order requiring such
person to undergo an additional period of treatment on the grounds
set forth in Section 5300. Such petition shall summarize the facts
which support the contention that the person falls within the
standard set forth in Section 5300. The petition shall be supported
by affidavits describing in detail the behavior which indicates that
the person falls within the standard set forth in Section 5300.
Copies of the petition for postcertification treatment and the
affidavits in support thereof shall be served upon the person named
in the petition on the same day as they are filed with the clerk of
the superior court.
The petition shall be in the following form:
Petition for Postcertification Treatment of a Dangerous
Person
I, ____, (the professional person in charge of the ____ intensive
treatment facility) (the designee of ____ the professional person in
charge of the ____, treatment facility) in which ____ has been under
treatment pursuant to the certification by ____ and ____, hereby
petition the court for an order requiring ____ to undergo an
additional period of treatment, not to exceed 180 days, pursuant to
the provisions of Article 6 (commencing with Section 5300) of Chapter
2 of Part 1 of Division 5 of the Welfare and Institutions Code. Such
petition is based upon my allegation that (a) ____ has attempted,
inflicted, or made a serious threat of substantial physical harm upon
the person of another after having been taken into custody, and
while in custody, for evaluation, and that, by reason of mental
disorder or mental defect, presents a demonstrated danger of
inflicting substantial physical harm upon others, or that (b) ____
had attempted or inflicted physical harm upon the person of another,
that act having resulted in his or her being taken into custody, and
that he or she presents, as a result of mental disorder or mental
defect, a demonstrated danger of inflicting substantial physical harm
upon others, or that (c) ____ had made a serious threat of
substantial physical harm upon the person of another within seven
days of being taken into custody, that threat having at least in part
resulted in his or her being taken into custody, and that he or she
presents, as a result of mental disorder or mental defect, a
demonstrated danger of inflicting substantial physical harm upon
others.
My allegation is based upon the following facts:
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
This allegation is supported by the accompanying affidavits signed
by ____________.
Signed _______________
The courts may receive the affidavits in evidence and may allow
the affidavits to be read to the jury and the contents thereof
considered in rendering a verdict, unless counsel for the person
named in the petition subpoenas the treating professional person. If
such treating professional person is subpoenaed to testify, the
public officer, pursuant to Section 5114, shall be entitled to a
continuance of the hearing or trial.
5302. At the time of filing of a petition for postcertification
treatment the court shall advise the person named in the petition of
his right to be represented by an attorney and of his right to demand
a jury trial. The court shall assist him in finding an attorney, or,
if need be, appoint an attorney if the person is unable to obtain
counsel. The court shall appoint the public defender or other
attorney to represent the person named in the petition if the person
is financially unable to provide his own attorney. The attorney shall
advise the person of his rights in relation to the proceeding and
shall represent him before the court.
5303. The court shall conduct the proceedings on the petition for
postcertification treatment within four judicial days of the filing
of the petition and in accordance with constitutional guarantees of
due process of law and the procedures required under Section 13 of
Article 1 of the Constitution of the State of California.
If at the time of the hearing the person named in the petition
requests a jury trial, such trial shall commence within 10 judicial
days of the filing of the petition for postcertification treatment
unless the person's attorney requests a continuance, which may be for
a maximum of 10 additional judicial days. The decison of the jury
must be unanimous in order to support the finding of facts required
by Section 5304.
Until a final decision on the merits by the trial court the person
named in the petition shall continue to be treated in the intensive
treatment facility until released by order of the superior court
having jurisdiction over the action, or unless the petition for
postcertification treatment is withdrawn. If no decision has been
made within 30 days after the filing of the petition, not including
extensions of time requested by the person's attorney, the person
shall be released.
5303.1. For the purposes of any hearing or jury trial held pursuant
to this article, the judge of the court in which such hearing or
trial is held may appoint a psychiatrist or psychologist with
forensic skills. Such psychiatrist or psychologist shall personally
examine the person named in the petition. Such a forensic
psychiatrist or psychologist shall testify at the hearing or jury
trial concerning the mental condition of the person named in the
petition and the threat of substantial physical harm to other beings
such person presents, and neither the professional person or his
designee who petitioned for the additional period of treatment nor of
the physicians providing intensive treatment shall be required,
unless the person named in the petition chooses to subpoena such
persons, to be present at the hearing or jury trial.
If a psychiatrist or psychologist with forensic skills is not
appointed pursuant to this section the person named in the petition
may, upon advice of counsel, waive the presence at the hearing or at
the jury trial of the professional person or his designee who
petitioned for the additional period of treatment and the physicians
providing intensive treatment. In the event of such waiver, such
professional person, his designee, or other physicians shall not be
required to be present at the hearing if it is stipulated that the
certification, supporting affidavit and records of such physicians
concerning the mental condition of the person named in the petition
will be received in evidence.
5304. (a) The court shall remand a person named in the petition for
postcertification treatment to the custody of the State Department
of Mental Health or to a licensed health facility designated by the
county of residence of that person for a further period of intensive
treatment not to exceed 180 days from the date of court judgment, if
the court or jury finds that the person named in the petition for
postcertification treatment has done any of the following:
(1) Attempted, inflicted, or made a serious threat of substantial
physical harm upon the person of another after having been taken into
custody, and while in custody, for evaluation and treatment, and
who, as a result of mental disorder or mental defect, presents a
demonstrated danger of inflicting substantial physical harm upon
others.
(2) Attempted or inflicted physical harm upon the person of
another, that act having resulted in his or her being taken into
custody, and who, as a result of mental disorder or mental defect,
presents a demonstrated danger of inflicting substantial physical
harm upon others.
(3) Expressed a serious threat of substantial physical harm upon
the person of another within seven days of being taken into custody,
that threat having at least in part resulted in his or her being
taken into custody, and who presents, as a result of mental disorder
or mental defect, a demonstrated danger of inflicting substantial
physical harm upon others.
(b) The person shall be released from involuntary treatment at the
expiration of 180 days unless the public officer, pursuant to
Section 5114, files a new petition for postcertification treatment on
the grounds that he or she has attempted, inflicted, or made a
serious threat of substantial physical harm upon another during his
or her period of postcertification treatment, and he or she is a
person who by reason of mental disorder or mental defect, presents a
demonstrated danger of inflicting substantial physical harm upon
others. The new petition for postcertification treatment shall be
filed in the superior court in which the original petition for
postcertification was filed.
(c) The county from which the person was remanded shall bear any
transportation costs incurred pursuant to this section.
5305. (a) Any person committed pursuant to Section 5300 may be
placed on outpatient status if all of the following conditions are
satisfied:
(1) In the evaluation of the superintendent or professional person
in charge of the licensed health facility, the person named in the
petition will no longer be a danger to the health and safety of
others while on outpatient status and will benefit from outpatient
status.
(2) The county mental health director advises the court that the
person named in the petition will benefit from outpatient status and
identifies an appropriate program of supervision and treatment.
(b) After actual notice to the public officer, pursuant to Section
5114, and to counsel of the person named in the petition, to the
court and to the county mental health director, the plan for
outpatient treatment shall become effective within five judicial days
unless a court hearing on that action is requested by any of the
aforementioned parties, in which case the release on outpatient
status shall not take effect until approved by the court after a
hearing. This hearing shall be held within five judicial days of the
actual notice required by this subdivision.
(c) The county mental health director shall be the outpatient
supervisor of persons placed on outpatient status under provisions of
this section. The county mental health director may delegate such
outpatient supervision responsibility to a designee.
(d) The outpatient treatment supervisor shall, where the person is
placed on outpatient status at least three months, submit at 90-day
intervals to the court, the public officer, pursuant to Section 5114,
and counsel of the person named in the petition and to the
supervisor or professional person in charge of the licensed health
facility, where appropriate, a report setting forth the status and
progress of the person named in the petition. Notwithstanding the
length of the outpatient status, a final report shall be submitted by
the outpatient treatment supervisor at the conclusion of the 180-day
commitment setting forth the status and progress of the person.
5306. (a) Notwithstanding Section 5113, if the provisions of
Section 5309 have been met, the superintendent, the professional
person in charge of the hospital providing 90-day involuntary
treatment, the medical director of the facility or his or her
designee described in subdivision (a) of Section 5309, and the
psychiatrist directly responsible for the person's treatment shall
not be held civilly or criminally liable for any action by a person
released before the end of a 90-day period pursuant to this article.
(b) The superintendent, the professional person in charge of the
hospital providing 90-day involuntary treatment, the medical director
of the facility or his or her designee described in subdivision (a)
of Section 5309, and the psychiatrist directly responsible for the
person's treatment shall not be held civilly or criminally liable for
any action by a person released at the end of a 90-day period
pursuant to this article.
5306.5. If at any time during the outpatient period, the outpatient
treatment supervisor is of the opinion that the person receiving
treatment requires extended inpatient treatment or refuses to accept
further outpatient treatment and supervision, the county mental
health director shall notify the superior court in either the county
which approved outpatient status or in the county where outpatient
treatment is being provided of such opinion by means of a written
request for revocation of outpatient status. The county mental health
director shall furnish a copy of this request to the counsel of the
person named in the request for revocation and to the public officer,
pursuant to Section 5114, in both counties if the request is made in
the county of treatment, rather than the county of commitment.
Within 15 judicial days, the court where the request was filed
shall hold a hearing and shall either approve or disapprove the
request for revocation of outpatient status. If the court approves
the request for revocation, the court shall order that the person be
confined in a state hospital or other treatment facility approved by
the county mental health director. The court shall transmit a copy of
its order to the county mental health director or a designee and to
the Director of Mental Health. Where the county of treatment and the
county of commitment differ and revocation occurs in the county of
treatment, the court shall enter the name of the committing county
and its case number on the order of revocation and shall send a copy
of the order to the committing court and the public officer, pursuant
to Section 5114, and counsel of the person named in the request for
revocation in the county of commitment.
5307. If at any time during the outpatient period the public
officer, pursuant to Section 5114, is of the opinion that the person
is a danger to the health and safety of others while on outpatient
status, the public officer, pursuant to Section 5114, may petition
the court for a hearing to determine whether the person shall be
continued on outpatient status. Upon receipt of the petition, the
court shall calendar the case for further proceedings within 15
judicial days and the clerk shall notify the person, the county
mental health director, and the attorney of record for the person of
the hearing date. Upon failure of the person to appear as noticed, if
a proper affidavit of service and advisement has been filed with the
court, the court may issue a body attachment for such person. If,
after a hearing in court the judge determines that the person is a
danger to the health and safety of others, the court shall order that
the person be confined in a state hospital or other treatment
facility which has been approved by the county mental health
director.
5308. Upon the filing of a request for revocation of outpatient
status under Section 5306.5 or 5307 and pending the court's decision
on revocation, the person subject to revocation may be confined in a
state hospital or other treatment facility by the county mental
health director when it is the opinion of that director that the
person will now be a danger to self or to another while on outpatient
status and that to delay hospitalization until the revocation
hearing would pose a demonstrated danger of harm to the person or to
another. Upon the request of the county mental health director or a
designee, a peace officer shall take, or cause to be taken, the
person into custody and transport the person to a treatment facility
for hospitalization under this section. The county mental health
director shall notify the court in writing of the admission of the
person to inpatient status and of the factual basis for the opinion
that such immediate return to inpatient treatment was necessary. The
court shall supply a copy of these documents to the public officer,
pursuant to Section 5114, and counsel of the person subject to
revocation.
A person hospitalized under this section shall have the right to
judicial review of the detention in the manner prescribed in Article
5 (commencing with Section 5275) of Chapter 2 and to an explanation
of rights in the manner prescribed in Section 5252.1.
Nothing in this section shall prevent hospitalization pursuant to
the provisions of Section 5150, 5250, 5350, or 5353.
A person whose confinement in a treatment facility under Section
5306.5 or 5307 is approved by the court shall not be released again
to outpatient status unless court approval is obtained under Section
5305.
5309. (a) Nothing in this article shall prohibit the superintendent
or professional person in charge of the hospital in which the person
is being involuntarily treated from releasing him or her from
treatment prior to the expiration of the commitment period when, the
psychiatrist directly responsible for the person's treatment
believes, as a result of his or her personal observations, that the
person being involuntarily treated no longer constitutes a
demonstrated danger of substantial physical harm to others. If any
other professional person who is authorized to release the person,
believes the person should be released prior to the expiration of the
commitment period, and the psychiatrist directly responsible for the
person's treatment objects, the matter shall be referred to the
medical director of the facility for the final decision. However, if
the medical director is not a psychiatrist, he or she shall appoint a
designee who is a psychiatrist. If the matter is referred, the
person shall be released prior to the expiration of the commitment
period only if the psychiatrist making the final decision believes,
as a result of his or her personal observations, that the person
being involuntarily treated no longer constitutes a demonstrated
danger of substantial physical harm to others.
(b) After actual notice to the public officer, pursuant to Section
5114, and to counsel of the person named in the petition, to the
court, and to the county mental health director, the plan for
unconditional release shall become effective within five judicial
days unless a court hearing on that action is requested by any of the
aforementioned parties, in which case the unconditional release
shall not take effect until approved by the court after a hearing.
This hearing shall be held within five judicial days of the actual
notice required by this subdivision.