text: A person who is released on outpatient status or granted conditional release pursuant to this article shall be monitored by a global positioning system (GPS) until the person is unconditionally discharged.

history: (History: Added by Stats. 2022, Ch. 104, Sec. 1. (AB 1641) Effective January 1, 2023.)

article: 4. Sexually Violent Predators


kind: section

code: WIC

text:
(a) After a judicial determination that a person would not be a danger to the health and safety of others in that it is not likely that the person will engage in sexually violent criminal behavior due to the person’s diagnosed mental disorder while under supervision and treatment in the community, a person who is conditionally released pursuant to this article shall be placed in the county of domicile of the person prior to the person’s incarceration, unless both of the following conditions are satisfied:

(1) The court finds that extraordinary circumstances require placement outside the county of domicile as set forth in Section 6608.6.

(2) The designated county of placement was given prior notice and an opportunity to comment on the proposed placement of the committed person in the county, according to procedures set forth in Section 6609.1.

(b) (1) For the purposes of this section, “county of domicile” means the county where the person has their true, fixed, and permanent home and principal residence and to which the person has manifested the intention of returning whenever the person is absent. For the purposes of determining the county of domicile, the court shall consider information found on a California driver’s license, California identification card, recent rent or utility receipt, printed personalized checks or other recent banking documents showing that person’s name and address, or information contained in an arrest record, probation officer’s report, trial transcript, or other court document. If no information can be identified or verified, the county of domicile of the individual shall be considered to be the county in which the person was arrested for the crime for which the person was last incarcerated in the state prison or from which the person was last returned from parole.

(2) In a case where the person committed a crime while being held for treatment in a state hospital, or while being confined in a state prison or local jail facility, the county wherein that facility was located shall not be considered the county of domicile unless the person resided in that county prior to being housed in the hospital, prison, or jail.

(c) For the purposes of this section, “extraordinary circumstances” means circumstances that would inordinately limit the department’s ability to effect conditional release of the person in the county of domicile in accordance with Section 6608 or any other provision of this article, and the procedures described in Sections 1605 to 1610, inclusive, of the Penal Code.

(d) (1) The counsel for the committed individual; the sheriff or the chief of police of the locality for placement, the county counsel, and the district attorney from the county of domicile; and the sheriff or the chief of police of, and the county counsel and the district attorney of, an alternative placement locality where a potential placement location has been identified and is being considered by the department for potential recommendation to the court for placement of the individual; or their designees, shall provide assistance and consultation in the department’s process of locating and securing housing within the county for persons committed as sexually violent predators who are about to be conditionally released under Section 6608. Upon notification by the department of a person’s potential or expected conditional release under Section 6608, the counsel for the committed individual; the sheriff or the chief of police of the locality for placement, the county counsel, and the district attorney of the county of domicile; and the sheriff or chief of police of, and the county counsel and district attorney of, an alternative placement locality; or their designees, shall provide appropriate contact information for their respective office to the department, at least 60 days before the date of the potential or expected release.

(2) The department shall convene a committee with the participants listed in paragraph (1) for the purpose of obtaining relevant assistance and consultation information in order to secure suitable housing for the person to be conditionally released. Notwithstanding the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), these committee meetings may be held by teleconference as long as the public is afforded teleconference access to the public portion of the committee meetings.

(3) The court may order a status conference to evaluate the department’s progress in locating and securing housing and in obtaining relevant assistance and consultation information from the participants listed in paragraph (1). The court may sanction any of the participants listed in paragraph (1) for failure to appear at the status conference unless the participant shows good cause for their failure to appear.

(4) This subdivision does not require the participants listed in paragraph (1) to perform a housing site assessment.

(e) In recommending a specific placement for community outpatient treatment, the department or its designee shall consider all of the following:

(1) The concerns and proximity of the victim or the victim’s next of kin.

(2) The age and profile of the victim or victims in the sexually violent offenses committed by the person subject to placement. For purposes of this subdivision, the “profile” of a victim includes, but is not limited to, gender, physical appearance, economic background, profession, and other social or personal characteristics.

(f) Notwithstanding any other law, a person released under this section shall not be placed within one-quarter mile of any public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, if either of the following conditions exist:

(1) The person has previously been convicted of a violation of Section 288.5 of, or subdivision (a) or (b), or paragraph (1) of subdivision (c) of Section 288 of, the Penal Code.

(2) The court finds that the person has a history of improper sexual conduct with children.

(g) (1) Except as provided in paragraph (2), if the committed person is ordered to be conditionally released in a county other than the county of commitment due to extraordinary circumstances pursuant to Section 6608.6, the court shall order that jurisdiction of the person and all records related to the case be transferred to the court of the county of placement. Upon transfer of jurisdiction to the county of placement, the designated attorney of the county of placement shall represent the state in all further proceedings.

(2) The designated attorney of the county of commitment shall serve written notice upon the designated attorney for the county of placement within 15 court days of an order to place a committed person in the county of placement. The designated attorney of the county of placement may file an affidavit with the court in the county of commitment objecting to the transfer of jurisdiction within 15 court days after receiving the notice. If the affidavit objecting to the transfer of jurisdiction is timely filed, the court shall not transfer jurisdiction. If an affidavit objecting to the transfer of jurisdiction is not timely filed, paragraph (1) shall apply.

(3) For the purpose of this section, “county of placement” means the county where the court orders the committed person to be placed for conditional release.

(4) For the purpose of this section, “designated attorney of the county of placement” means the attorney designated in subdivision (l) of Section 6601 in the county of placement.

(5) This section shall not be construed to negate or in any way affect the decision of the court of the county of commitment to conditionally release the committed person in the county of placement.

history: (History: Amended by Stats. 2024, Ch. 816, Sec. 1. (AB 1954) Effective January 1, 2025.)

division: 6. ADMISSIONS AND JUDICIAL COMMITMENTS

chapter: 2. Commitment Classification

article: 4. Sexually Violent Predators

path: 6. ADMISSIONS AND JUDICIAL COMMITMENTS > 2. Commitment Classification > 4. Sexually Violent Predators


text:
(a) A court may make a finding of extraordinary circumstances only after the committed person’s county of domicile has petitioned the court to make this finding.

(b) The court may grant the county of domicile’s petition and make a finding of extraordinary circumstances only after all of the following have occurred:

(1) The county of domicile has demonstrated to the court that the county of domicile has engaged in an exhaustive housing search with meaningful and robust participation from the participants listed in subdivision (d) of Section 6608.5 in both committee conferences and status conferences. The county of domicile shall provide the court with declarations from the county of domicile and all the participants attesting to the exhaustive housing search.

(2) (A) The county of domicile has provided at least one alternative placement county for consideration and has noticed the district attorney, or district attorneys, of the alternative placement county, or counties, and the department regarding the county of domicile’s intention to petition for a finding of extraordinary circumstance.

(B) The county of domicile shall indicate, if applicable, how the committed person has a community connection to a proposed alternative placement county, including whether the committed person has previously resided, been employed, or has next of kin in a proposed alternative placement county.

(3) The county of domicile has provided the declarations and community connection information required by paragraphs (1) and (2) to the department and to the district attorney of a proposed alternative placement county.

(4) The department and the district attorney of a proposed alternative placement county have had an opportunity to be heard at a hearing, which shall be noticed no fewer than 30 days before the date of the hearing.

(c) (1) If the court finds that extraordinary circumstances require the placement to occur outside the county of domicile, the court shall state its findings on the record and the grounds supporting its findings.

(2) Extraordinary costs associated with a housing placement inside the county of domicile shall not be grounds for a finding of extraordinary circumstances.

(d) A court shall not order a search of alternative housing placements outside of the county of domicile until after the court has granted a petition finding that extraordinary circumstances exist.

(e) The Judicial Council shall report to the Legislature on an annual basis the instances in which a court issues a finding of extraordinary circumstances and shall detail the court’s findings and grounds supporting the findings, as stated by the court pursuant to subdivision (c). The annual report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

(f) Notwithstanding any other law, a court may order the placement of the committed person in an alternative placement county upon stipulation between the domicile county and the alternative placement county.

history: (History: Added by Stats. 2022, Ch. 880, Sec. 3. (SB 1034) Effective January 1, 2023.)

article: 4. Sexually Violent Predators


text: The State Department of State Hospitals may enter into an interagency agreement or contract with the Department of Corrections and Rehabilitation or with local law enforcement agencies for services related to supervision or monitoring of sexually violent predators who have been conditionally released into the community under the forensic conditional release program pursuant to this article.

history: (History: Amended by Stats. 2014, Ch. 442, Sec. 17. (SB 1465) Effective September 18, 2014.)

article: 4. Sexually Violent Predators


text:
(a) For any person who is proposed for community outpatient treatment under the forensic conditional release program, the department shall provide to the court a copy of the written contract entered into with any public or private person or entity responsible for monitoring and supervising the patient’s outpatient placement and treatment program. This subdivision does not apply to subcontracts between the contractor and clinicians providing treatment and related services to the person.

(b) The terms and conditions of conditional release shall be drafted to include reasonable flexibility to achieve the aims of conditional release, and to protect the public and the conditionally released person.

(c) The court in its discretion may order the department to, notwithstanding Section 4514 or 5328, provide a copy of the written terms and conditions of conditional release to the sheriff or chief of police, or both, that have jurisdiction over the proposed or actual placement community.

(d) (1) Except in an emergency, the department or its designee shall not alter the terms and conditions of conditional release without the prior approval of the court.

(2) The department shall provide notice to the person committed under this article and the district attorney or designated county counsel of any proposed change in the terms and conditions of conditional release.

(3) The court on its own motion, or upon the motion of either party to the action, may set a hearing on the proposed change. The hearing shall be held as soon as is practicable.

(4) If a hearing on the proposed change is held, the court shall state its findings on the record. If the court approves a change in the terms and conditions of conditional release without a hearing, the court shall issue a written order.

(5) In the case of an emergency, the department or its designee may deviate from the terms and conditions of the conditional release if necessary to protect public safety or the safety of the person. If a hearing on the emergency is set by the court or requested by either party, the hearing shall be held as soon as practicable. The department, its designee, and the parties shall endeavor to resolve routine matters in a cooperative fashion without the need for a formal hearing.

(e) Notwithstanding any provision of this section, including, but not limited to, subdivision (d), matters concerning the residential placement, including any changes or proposed changes in the residence of the person, shall be considered and determined pursuant to Section 6609.1.

history: (History: Amended by Stats. 2007, Ch. 302, Sec. 20. Effective January 1, 2008.)

article: 4. Sexually Violent Predators


text:
(a) On or before January 1, 2027, the State Department of State Hospitals shall conduct an analysis of the benefits and feasibility of establishing transitional housing facilities for the conditional release program, and submit the findings of the analysis in a report to the Legislature.

(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

history: (History: Added by Stats. 2025, Ch. 581, Sec. 1. (SB 380) Effective October 10, 2025.)

article: 4. Sexually Violent Predators


citation: WIC § 6609

text: Within 10 days of a request made by the chief of police of a city or the sheriff of a county, the State Department of State Hospitals shall provide the following information concerning each person committed as a sexually violent predator who is receiving outpatient care in a conditional release program in that city or county: name, address, date of commitment, county from which committed, date of placement in the conditional release program, fingerprints, and a glossy photograph no smaller than 318 × 318 inches in size, or clear copies of the fingerprints and photograph.

history: (History: Amended by Stats. 2014, Ch. 442, Sec. 18. (SB 1465) Effective September 18, 2014.)

article: 4. Sexually Violent Predators


text:
(a) (1) When the State Department of State Hospitals makes a recommendation to the court for community outpatient treatment for any person committed as a sexually violent predator, or when a person who is committed as a sexually violent predator pursuant to this article has petitioned a court pursuant to Section 6608 for conditional release under supervision and treatment in the community pursuant to a conditional release program, or has petitioned a court pursuant to Section 6608 for subsequent unconditional discharge, and the department is notified, or is aware, of the filing of the petition, and when a community placement location is recommended or proposed, the department shall notify the sheriff or chief of police, or both, the district attorney, or the county’s designated counsel, that have jurisdiction over the following locations:

(A) The community in which the person may be released for community outpatient treatment.

(B) The community in which the person maintained their last legal residence as defined by Section 3003 of the Penal Code.

(C) The county that filed for the person’s civil commitment pursuant to this article.

(2) The department shall also notify the Sexually Violent Predator Parole Coordinator of the Department of Corrections and Rehabilitation, if the person is otherwise subject to parole pursuant to Article 1 (commencing with Section 3000) of Chapter 8 of Title 1 of Part 3 of the Penal Code. The department shall also notify the Department of Justice.

(3) The notice shall be given when the department or its designee makes a recommendation under subdivision (e) of Section 6608 or proposes a placement location without making a recommendation, or when any other person proposes a placement location to the court and the department or its designee is made aware of the proposal.

(4) The notice shall be given at least 30 days prior to the department’s submission of its recommendation to the court in those cases in which the department recommended community outpatient treatment under Section 6607, or in which the department or its designee is recommending or proposing a placement location, or in the case of a petition or placement proposal by someone other than the department or its designee, within 48 hours after becoming aware of the petition or placement proposal.

(5) The notice shall state that it is being made under this section and include all of the following information concerning each person committed as a sexually violent predator who is proposed or is petitioning to receive outpatient care in a conditional release program in that city or county:

(A) The name, proposed placement address, date of commitment, county from which committed, proposed date of placement in the conditional release program, fingerprints, and a glossy photograph no smaller than 318 by 318 inches in size, or clear copies of the fingerprints and photograph.

(B) The date, place, and time of the court hearing at which the location of placement is to be considered and a proof of service attesting to the notice’s mailing in accordance with this subdivision.

(C) A list of agencies that are being provided this notice and the addresses to which the notices are being sent.

(6) The notice shall be sent electronically and by certified mail. The timeframe for notice provisions under this section begins when the notice is sent.

(b) Those agencies receiving the notice referred to in paragraphs (1) and (2) of subdivision (a) may provide written comment to the department and the court regarding the impending release, placement, location, and conditions of release. All community agency comments shall be combined and consolidated. The written comment shall be filed with the court at the time that the comment is provided to the department. The written comment shall identify differences between the comment filed with the court and that provided to the department, if any. In addition, a single agency in the community of the specific proposed or recommended placement address may suggest appropriate, alternative locations for placement within that community. A copy of the suggested alternative placement location shall be filed with the court at the time that the suggested placement location is provided to the department. The State Department of State Hospitals shall issue a written statement to the commenting agencies and to the court within 10 days of receiving the written comments with a determination as to whether to adjust the release location or general terms and conditions, and explaining the basis for its decision. In lieu of responding to the individual community agencies or individuals, the department’s statement responding to the community comment shall be in the form of a public statement.

(c) The agencies’ comments and department’s statements shall be considered by the court which shall, based on those comments and statements, approve, modify, or reject the department’s recommendation or proposal regarding the community or specific address to which the person is scheduled to be released or the conditions that shall apply to the release if the court finds that the department’s recommendation or proposal is not appropriate.

(d) (1) When the State Department of State Hospitals makes a recommendation to pursue recommitment, makes a recommendation not to pursue recommitment, or seeks a judicial review of commitment status pursuant to subdivision (f) of Section 6605, of any person committed as a sexually violent predator, it shall provide written notice of that action to the sheriff or chief of police, or both, and to the district attorney, that have jurisdiction over the following locations:

(A) The community in which the person maintained their last legal residence as defined by Section 3003 of the Penal Code.

(B) The community in which the person will probably be released, if recommending not to pursue recommitment.

(C) The county that filed for the person’s civil commitment pursuant to this article.

(2) The State Department of State Hospitals shall also notify the Sexually Violent Predator Parole Coordinator of the Department of Corrections and Rehabilitation, if the person is otherwise subject to parole pursuant to Article 1 (commencing with Section 3000) of Chapter 8 of Title 1 of Part 3 of the Penal Code. The State Department of State Hospitals shall also notify the Department of Justice. The notice shall be made at least 15 days prior to the department’s submission of its recommendation to the court.

(3) Those agencies receiving the notice referred to in this subdivision shall have 15 days from receipt of the notice to provide written comment to the department regarding the impending release. At the time that the written comment is made to the department, a copy of the written comment shall be filed with the court by the agency or agencies making the comment. Those comments shall be considered by the department, which may modify its decision regarding the community in which the person is scheduled to be released, based on those comments.

(e) (1) If the court orders the release of a sexually violent predator, the court shall notify the Sexually Violent Predator Parole Coordinator of the Department of Corrections and Rehabilitation. The Department of Corrections and Rehabilitation shall notify the Department of Justice, the State Department of State Hospitals, the sheriff or chief of police, or both, and the district attorney, that have jurisdiction over the following locations:

(A) The community in which the person is to be released.

(B) The community in which the person maintained their last legal residence as defined in Section 3003 of the Penal Code.

(2) The Department of Corrections and Rehabilitation shall make the notifications required by this subdivision regardless of whether the person released will be serving a term of parole after release by the court.

(f) If the person is otherwise subject to parole pursuant to Article 1 (commencing with Section 3000) of Chapter 8 of Title 1 of Part 3 of the Penal Code, to allow adequate time for the Department of Corrections and Rehabilitation to make appropriate parole arrangements upon release of the person, the person shall remain in physical custody for a period not to exceed 72 hours or until parole arrangements are made by the Sexually Violent Predator Parole Coordinator of the Department of Corrections and Rehabilitation, whichever is sooner. To facilitate timely parole arrangements, notification to the Sexually Violent Predator Parole Coordinator of the Department of Corrections and Rehabilitation of the pending release shall be made by telephone or facsimile and, to the extent possible, notice of the possible release shall be made in advance of the proceeding or decision determining whether to release the person.

(g) The notice required by this section shall be made whether or not a request has been made pursuant to Section 6609.

(h) The time limits imposed by this section are not applicable when the release date of a sexually violent predator has been advanced by a judicial or administrative process or procedure that could not have reasonably been anticipated by the State Department of State Hospitals and where, as the result of the time adjustments, there is less than 30 days remaining on the commitment before the inmate’s release, but notice shall be given as soon as practicable.

(i) In the case of any subsequent community placement or change of community placement of a conditionally released sexually violent predator, notice required by this section shall be given under the same terms and standards as apply to the initial placement, except in the case of an emergency where the sexually violent predator must be moved to protect the public safety or the safety of the sexually violent predator. In the case of an emergency, the notice shall be given as soon as practicable, and the affected communities may comment on the placement as described in subdivision (b).

(j) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

history: (History: Amended by Stats. 2024, Ch. 816, Sec. 2. (AB 1954) Effective January 1, 2025.)

article: 4. Sexually Violent Predators


text:
(a) When any sheriff or chief of police is notified by the State Department of State Hospitals of its recommendation to the court concerning the disposition of a sexually violent predator pursuant to subdivision (a) or (b) of Section 6609.1, that sheriff or chief of police may notify any person designated by the sheriff or chief of police as an appropriate recipient of the notice.

(b) A law enforcement official authorized to provide notice pursuant to this section, and the public agency or entity employing the law enforcement official, shall not be liable for providing or failing to provide notice pursuant to this section.

history: (History: Amended by Stats. 2012, Ch. 440, Sec. 71. (AB 1488) Effective September 22, 2012.)

article: 4. Sexually Violent Predators


text:
(a) At the time a notice is sent pursuant to subdivisions (a) and (b) of Section 6609.1, the sheriff, chief of police, or district attorney notified of the release shall also send a notice to persons described in Section 679.03 of the Penal Code who have requested a notice, informing those persons of the fact that the person who committed the sexually violent offense may be released together with information identifying the court that will consider the conditional release, recommendation regarding recommitment, or review of commitment status pursuant to subdivision (f) of Section 6605. When a person is approved by the court to be conditionally released, notice of the community in which the person is scheduled to reside shall also be given only if it is (1) in the county of residence of a witness, victim, or family member of a victim who has requested notice, or (2) within 100 miles of the actual residence of a witness, victim, or family member of a victim who has requested notice. If, after providing the witness, victim, or next of kin with the notice, there is any change in the release date or the community in which the person is to reside, the sheriff, chief of police, or the district attorney shall provide the witness, victim, or next of kin with the revised information.

(b) At the time a notice is sent pursuant to subdivision (c) of Section 6609.1 the Department of Corrections shall also send a notice to persons described in Section 679.03 of the Penal Code who have requested a notice informing those persons of the fact that the person who committed the sexually violent offense has been released.

(c) In order to be entitled to receive the notice set forth in this section, the requesting party shall keep the sheriff, chief of police, and district attorney who were notified under Section 679.03 of the Penal Code, informed of his or her current mailing address.

history: (History: Amended by Stats. 1998, Ch. 961, Sec. 11. Effective September 29, 1998.)

article: 4. Sexually Violent Predators


citation: WIC § 6715

text:
The court shall inquire into the financial condition of the parent, guardian, or other person charged with the support of a person committed as having an intellectual disability, and if it finds the person able to do so, in whole or in part, it shall make a further order, requiring him or her to pay, to the extent the court considers the person able, the expenses of the proceedings in connection with the investigation, detention, and commitment of the person committed, and the expenses of the committed person’s delivery to the institution, and to pay to the county, at stated periods, the sums the court deems proper, during the time the person remains in the institution or on leave of absence to a licensed hospital, facility, or home for the care of those persons. This order may be enforced by further orders as the court deems necessary, and may be varied, altered, or revoked in its discretion.

The court shall designate a county officer to keep a record of payments ordered to be made, to receive, receipt for, and record the payments made, to pay over the payments to the county treasurer, to see that the persons ordered to make the payments comply with the orders, and to report to the court any failure to make the payments.

history: (History: Amended by Stats. 2012, Ch. 457, Sec. 60. (SB 1381) Effective January 1, 2013.)

path: 6. ADMISSIONS AND JUDICIAL COMMITMENTS > 3. Expense of Detention or Proceedings Concerning Commitments > 4. Persons with Intellectual Disabilities


citation: WIC § 6716

text: In any case in which the probation officer is charged with the duty of collecting amounts payable to the county under this article, upon the verified application of the probation officer the board of supervisors may make an order discharging the probation officer from further accountability for the collection of any such amount in any case as to which the board determines that the amount is too small to justify the cost of collection; that the statute of limitations has run; or that the collection of such amount is improbable for any reason. Such order is authorization for the probation officer to close his books in regard to such item, but such discharge of accountability of the probation officer does not constitute a release of any person from liability for payment of any such amount which is due and owing to the county. The board may request a written opinion from the district attorney or county counsel as to whether any particular amount is too small to justify the cost of collection, whether the statute of limitations has run, or whether collection of any particular item is improbable.

history: (History: Added by Stats. 1967, Ch. 1667.)

chapter: 3. Expense of Detention or Proceedings Concerning Commitments

article: 4. Persons with Intellectual Disabilities


citation: WIC § 6717

text: The cost necessarily incurred in determining whether a person is a fit subject for commitment and securing his or her commitment, is a charge upon the county where he or she is committed. These costs include the fees of witnesses, medical examiners, psychiatrists, and psychologists allowed by the judge ordering the examination. If the person sought to be committed is not an indigent person, the costs of the proceedings are the obligation of that person and shall be paid by him or her, or by his or her guardian or conservator, as provided in Division 4 (commencing with Section 1400) of the Probate Code, or shall be paid by persons legally liable for his or her maintenance, unless otherwise ordered by the judge.

history: (History: Amended by Stats. 2012, Ch. 457, Sec. 61. (SB 1381) Effective January 1, 2013.)


citation: WIC § 6740

text: The court shall attach to the order of commitment of a person with an intellectual disability its findings and conclusions, together with all the social and other data it has bearing upon the case, and the same shall be delivered to the place of commitment with the order.

history: (History: Amended by Stats. 2012, Ch. 457, Sec. 63. (SB 1381) Effective January 1, 2013.)

chapter: 4. Execution of Commitment Orders

path: 6. ADMISSIONS AND JUDICIAL COMMITMENTS > 4. Execution of Commitment Orders > 4. Persons with Intellectual Disabilities


citation: WIC § 6741

text:
The sheriff or probation officer, whichever is designated by the court, may execute the order of commitment with respect to a person with an intellectual disability.

In a case in which the probation officer executes the order of commitment, he or she shall be compensated for transporting the person to a state hospital in the amount and manner that a sheriff is compensated for similar services.

history: (History: Amended by Stats. 2012, Ch. 457, Sec. 64. (SB 1381) Effective January 1, 2013.)


citation: WIC § 6750

text: The superior court judge of each county may grant certificates in accordance with the form prescribed by the State Department of State Hospitals, showing that the persons named therein are reputable physicians licensed in this state, and have been in active practice of their profession at least five years. When certified copies of such certificates have been filed with the department, it shall issue to such persons certificates or commissions, and the persons therein named shall be known as “medical examiners.” There shall at all times be at least two such medical examiners in each county. The certificate may be revoked by the department for incompetency or neglect, and shall not be again granted without the consent of the department.

history: (History: Amended by Stats. 2012, Ch. 24, Sec. 148. (AB 1470) Effective June 27, 2012.)

article: 5. Medical Examiners

path: 6. ADMISSIONS AND JUDICIAL COMMITMENTS > 4. Execution of Commitment Orders > 5. Medical Examiners


citation: WIC § 6751

text: The department shall keep in its office a record showing the name, residence, and certificate of each duly qualified medical examiner. Immediately upon the receipt of each duly certified copy of a medical examiner’s certificate, it shall file the same, and advise him of its receipt and filing.

article: 5. Medical Examiners


citation: WIC § 6775

text: The office of counselor in mental health may be created in any county in this state by the board of supervisors thereof. The counselors in mental health to serve under the provisions of this chapter shall be nominated and appointed by the judge of the superior court by written order entered in the minutes of the court.

chapter: 6. Counselors in Mental Health

path: 6. ADMISSIONS AND JUDICIAL COMMITMENTS > 6. Counselors in Mental Health


citation: WIC § 6776

text: In each county where the office of counselor in mental health has been created under the provisions of this chapter, the judge of the superior court may appoint two such counselors. In Los Angeles County, the number, compensation, and benefits of counselors in mental health are governed by the Trial Court Employment Protection and Governance Act (Chapter 7 (commencing with Section 71600) of Title 8 of the Government Code).

history: (History: Amended by Stats. 2002, Ch. 784, Sec. 620. Effective January 1, 2003.)


citation: WIC § 6777

text: The term of office of the counselors in mental health shall be during the pleasure of the court, and they may at any time be removed by the court in its discretion. Such counselors shall devote their entire time and attention to the duties of their office.


citation: WIC § 6778

text: The counselor in mental health may perform such services as are designated by the county. Every counselor, assistant counselor, and deputy counselor in mental health shall have the powers of a peace officer.

history: (History: Amended by Stats. 1968, Ch. 1374.)


citation: WIC § 6779

text: Wherever in this code or in any other statute reference is made to psychopathic probation officers, such reference shall be deemed to mean and refer to the counselors in mental health provided for in this chapter; and wherever in this code or in any other statute reference is made to probation of incompetent persons, such reference shall mean and refer to supervision of such persons.


citation: WIC § 6800

text: All peace officers and other persons having similar duties relating to judicially committed poor persons shall see that all poor and indigent committed persons within their respective municipalities are speedily granted the relief conferred by this part. When so ordered by a superior court judge, they shall see that such committed persons are, without unnecessary delay, transferred to the proper state hospitals provided for their care and treatment. Before sending a person to any such hospital, they shall see that he is in a state of bodily cleanliness and comfortably clothed with clean clothes. The department may by order direct that any person whom it deems unsuitable therefor shall not be employed as an attendant for any committed person. After the patient has been delivered to the proper officers of the hospital, the care and custody of the county or municipality from which he is sent ceases.

chapter: 7. Duties of Peace Officers

path: 6. ADMISSIONS AND JUDICIAL COMMITMENTS > 7. Duties of Peace Officers


citation: WIC § 6825

text: The procedures for handling persons with mental health disorders who are charged with the commission of public offenses are provided for in Section 1026 of the Penal Code and in Chapter 6 (commencing with Section 1365), Title 10, Part 2 of the Penal Code.

history: (History: Amended by Stats. 2014, Ch. 144, Sec. 112. (AB 1847) Effective January 1, 2015.)

path: 6. ADMISSIONS AND JUDICIAL COMMITMENTS > 8. Mentally Disordered Persons Charged With Crime


citation: WIC § 7100

text:
(a) The board of supervisors of each county may maintain in the county hospital or in any other hospital situated within or without the county or in any other psychiatric health facility situated within or without the county, suitable facilities and nonhospital or hospital service for the detention, supervision, care, and treatment of persons who have a mental health disorder or a developmental disability, or who are alleged to be such.

(b) The county may contract with public or private hospitals for those facilities and hospital service when they are not suitably available in an institution, psychiatric facility, or establishment maintained or operated by the county.

(c) The facilities and services for persons who have, or are alleged to have, a mental health disorder shall be subject to the approval of the State Department of Health Care Services, and the facilities and services for persons who have, or are alleged to have, a developmental disability shall be subject to the approval of the State Department of Developmental Services. The professional person having charge and control of the hospital or psychiatric health facility shall allow the department whose approval is required to make investigations thereof as it deems necessary at any time.

(d) Nothing in this chapter means that persons who have a mental health disorder or a developmental disability may not be detained, supervised, cared for, or treated, subject to the right of inquiry or investigation by the department, in their own homes, or the homes of their relatives or friends, or in a licensed establishment.

history: (History: Amended by Stats. 2014, Ch. 144, Sec. 113. (AB 1847) Effective January 1, 2015.)

division: 7. MENTAL INSTITUTIONS

chapter: 1. County Psychiatric Hospitals

path: 7. MENTAL INSTITUTIONS > 1. County Psychiatric Hospitals


citation: WIC § 7101

text: As used in this chapter “county psychiatric hospital” means the hospital, ward, or facility provided by the county pursuant to the provisions of Section 7100.


citation: WIC § 7102

text:
The superintendent or person in charge of the county psychiatric hospital, may receive, detain, supervise, care for or treat in the hospital any person who comes within any of the following descriptions:

(a) Who has been placed therein pursuant to a court order or court commitment under the provisions of this code or the Penal Code.

(b) Who has been placed therein pursuant to the provisions of Part 1 of Division 5 of this code.


citation: WIC § 7103

text:
The superintendent or person in charge of the county psychiatric hospital may admit and provide care and treatment in the hospital for any person who comes within the following descriptions:

(a) Who voluntarily makes a written application as provided in Chapter 1 (commencing with Section 6000) of Part 1 of Division 6 of this code.

(b) Who is a conservatee and has written application made in his behalf by his conservator.


citation: WIC § 7104

text: Any adult person detained in such hospital, who is in such condition of mind as to render him competent to make such application shall at his request be exempt from medical or psychiatric treatment, upon filing with the superintendent a statement that he depends upon prayer or spiritual means for healing in the practice of the religion of a well-recognized religious church, sect, denomination, or organization. In case of an adult not found to be in such condition of mind, a similar statement may be filed on his behalf by another and thereupon similar exemption shall be granted. Any minor detained in such hospital shall be exempt from medical or psychiatric treatment if his parent or guardian or conservator shall file with said superintendent an affidavit stating that he relies upon prayer or spiritual means for healing in the practice of the religion of a well-recognized religious church, sect, denomination or organization.

history: (History: Amended by Stats. 1979, Ch. 730.)


citation: WIC § 7105

text: A superintendent or person in charge of the county psychiatric hospital may discharge any patient who is not a proper case for treatment therein.


citation: WIC § 7106

text: In case a county psychiatric hospital patient or the person legally liable for his maintenance is or becomes the owner of property, real, personal, or mixed, the county furnishing such care, treatment, or observation, shall be reimbursed therefrom for its charges. The board of supervisors of the county shall fix and determine a schedule of charges for the care, treatment, or observation of such patients, and reimbursement to the county shall be made upon the basis of the charges so fixed.


citation: WIC § 7107

text: Any superintendent or person in charge of the county psychiatric hospital, and any public officer, public employee, or public physician who either admits, causes to be admitted, delivers, or assists in delivering, detains, cares for, or treats, or assists in detaining, caring for or treating, any person pursuant to this chapter shall not be rendered criminally liable thereby.


citation: WIC § 7200

text:
There are in the state the following state hospitals for the care, treatment, and education of the mentally disordered:

(a) Metropolitan State Hospital near the City of Norwalk, Los Angeles County.

(b) Atascadero State Hospital near the City of Atascadero, San Luis Obispo County.

(c) Napa State Hospital near the City of Napa, Napa County.

(d) Patton State Hospital near the City of San Bernardino, San Bernardino County.

(e) Coalinga State Hospital near the City of Coalinga, Fresno County.

(f) Any other State Department of State Hospitals facility subject to available funding by the Legislature.

history: (History: Amended by Stats. 2014, Ch. 718, Sec. 7. (AB 1340) Effective January 1, 2015.)

article: 1. Establishment and General Government

path: 7. MENTAL INSTITUTIONS > 2. State Hospitals for the Mentally Disordered > 1. Establishment and General Government


text: The children’s treatment center at Camarillo State Hospital shall be known as the Norbert I. Rieger Children’s Treatment Center.

history: (History: Added by Stats. 1973, Ch. 80.)

chapter: 2. State Hospitals for the Mentally Disordered

article: 1. Establishment and General Government


text:
(a) After construction of the perimeter security fence is completed at Napa State Hospital, no patient whose placement has been required pursuant to the Penal Code shall be placed outside the perimeter security fences, with the exception of placements in the general acute care and skilled nursing units. The State Department of State Hospitals shall ensure that appropriate security measures are in place for the general acute care and skilled nursing units.

(b) Any alteration to the security perimeter structure or policies shall be made in conjunction with representatives of the City of Napa, the County of Napa, and local law enforcement agencies.

history: (History: Amended by Stats. 2016, Ch. 33, Sec. 53. (SB 843) Effective June 27, 2016.)

article: 1. Establishment and General Government


citation: WIC § 7201

text: All of the institutions under the jurisdiction of the State Department of State Hospitals shall be governed by the uniform rules and regulations of the State Department of State Hospitals and all of the provisions of Part 2 (commencing with Section 4100) of Division 4 of this code on the administration of state institutions serving persons with mental health disorders shall apply to the conduct and management of the state hospitals. All of the institutions under the jurisdiction of the State Department of Developmental Services shall be governed by the uniform rules and regulations of the State Department of Developmental Services and, except as provided in Chapter 4 (commencing with Section 7500) of this division, all of the provisions of Part 2 (commencing with Section 4440) of Division 4.1 of this code on the administration of state institutions serving persons with developmental disabilities shall apply to the conduct and management of the state hospitals for persons with developmental disabilities.

history: (History: Amended by Stats. 2014, Ch. 144, Sec. 115. (AB 1847) Effective January 1, 2015.)

article: 1. Establishment and General Government


citation: WIC § 7202

text:
The State Department of State Hospitals shall regularly consult with the Napa State Hospital Task Force, which consists of local community representatives, on proposed policy or structural modifications to Napa State Hospital that may affect the Napa community, including, but not limited to, all of the following:

(a) Changes in the patient population mix.

(b) Construction of, or significant alterations to, facility structures.

(c) Changes in the hospital security plan.

history: (History: Amended by Stats. 2012, Ch. 24, Sec. 153. (AB 1470) Effective June 27, 2012.)

article: 1. Establishment and General Government


citation: WIC § 7203

text:
The Director of General Services may grant to the San Bernardino Unified School District or to the County of San Bernardino under such terms, conditions, and restrictions as he deems to be for the best interests of the state, the necessary easements and rights-of-way over and across the Patton State Hospital property for all purposes of a public or private road. The right-of-way shall be across, along, and upon the following described property:

The westerly 33 feet of Lot 2 of Block 60 of Rancho San Bernardino as recorded in Book 7 of Maps, page 2, Records of San Bernardino County, State of California, saving and excepting the southerly 40 rods thereof.

article: 1. Establishment and General Government


citation: WIC § 7204

text:
(a) Grounds privileges or passes may be earned by patients, whose placement has been required pursuant to the Penal Code, at all state hospitals. Grounds privileges shall be restricted to areas of the state hospital that are designated as secured campus areas.

(b) Off-ground privileges or passes shall not be granted to patients, whose placement has been required pursuant to the Penal Code, at state hospitals. When a patient whose placement has been required pursuant to the Penal Code leaves a state hospital for any purpose other than discharge, the patient shall be accompanied by staff at all times.

history: (History: Added by Stats. 1997, Ch. 294, Sec. 44. Effective August 18, 1997.)

article: 1. Establishment and General Government


citation: WIC § 7205

text:
The Director of General Services with the consent of the State Department of Developmental Services is hereby authorized to transfer to the City of Costa Mesa and to convey to said city all of the state’s rights, title and interest, and upon such terms and conditions and with such reservations and exceptions as in the opinion of the Director of General Services may be in the best interest of the state, and subject to such use or uses as may be agreed upon by the city and the State Department of Developmental Services with the approval of the Director of General Services, in all or any part of the real property consisting of approximately five acres lying at the southwest corner of the Fairview State Hospital property in Orange County, being a parcel of land lying within Lot A of the Banning Tract, in the Rancho Santiago de Santa Ana, City of Orange, State of California, as shown on a map of said tract filed in action No. 6385 in the Superior Court of the State of California in and for the City of Los Angeles, being an action for partition entitled Hancock Banning et al. vs. Mary H. Banning, more particularly described as follows:

Beginning at the most southeasterly corner of Parcel G as shown on a record of survey filed in Book 53, pages 34 through 36, of records of Surveys in the office of the County Recorder of Orange County, California; thence along the boundary of said Parcel G northwesterly along a curve concave southwesterly having a radius of 540.00 feet through a central angle of 23 degrees, 01 minutes, 33 seconds, an arc distance of 217.01 feet, thence north 34 degrees, 32 minutes, 30 seconds west, 97.50 feet to a point on a line parallel with and 280.00 feet measured at right angles northerly of the north line of Fairview Farms as shown on said record of Survey; thence departing from the boundary of said Parcel G north 89 degrees, 27 minutes, 30 seconds east along said parallel line 936.97 feet; thence south 0 degrees, 32 minutes, 30 seconds east, 280.00 feet to said north line of Fairview Farms; thence south 89 degrees, 27 minutes, 30 seconds, west, 800.00 feet to the point of beginning.

The conveyance of such property shall be subject to the following conditions:

(a) There shall be excepted and reserved in the state all deposits of minerals, including oil and gas, in the property and to the state, or persons authorized by the state, the right to prospect for, mine, and remove such deposits from the property.

(b) If the city shall cease to use the property for public purposes, all right, title, and interest of the county in and to the property shall cease and the property shall revert and rest in the state.

history: (History: Amended by Stats. 1977, Ch. 1252.)

article: 1. Establishment and General Government


citation: WIC § 7206

text: Notwithstanding the provisions of Section 4444, the Director of General Services, with the consent of the Director of State Hospitals, may grant a right-of-way for road purposes to the County of San Bernardino over and along a portion of the Patton State Hospital property adjacent to Arden Way and Pacific Street upon such terms and conditions and with such reservations and exceptions as in the opinion of the Director of General Services will be for the best interests of the state.

history: (History: Amended by Stats. 2012, Ch. 24, Sec. 154. (AB 1470) Effective June 27, 2012.)

article: 1. Establishment and General Government


citation: WIC § 7207

text:
The Director of General Services, with the consent of the State Department of State Hospitals, may grant to the Regents of the University of California, upon such terms, conditions, and with such reservations and exceptions as in the opinion of the Director of General Services may be for the best interest of the state, the necessary easements and rights-of-way for a utilities relocation and campus access road on the Langley Porter Neuropsychiatric Institute property. The right-of-way shall be across, along and upon the following described property:

A strip of land approximately 40´ in width extending from the southerly line of Parnassus Avenue beginning at a point on the southerly boundary of Parnassus Avenue 331´ from the westerly boundary of said parcel of land described by deed dated October 1, 1940, and extending in a southerly direction to the south boundary of Langley Porter property.

history: (History: Amended by Stats. 2012, Ch. 24, Sec. 155. (AB 1470) Effective June 27, 2012.)

article: 1. Establishment and General Government


citation: WIC § 7225

text: Except as otherwise provided, all patients admitted to a state hospital shall be duly committed or transferred thereto, and shall be subject to the general rules and regulations of the department and of the hospital.

history: (History: Added by Stats. 1967, Ch. 1667.)

article: 2. Admission

path: 7. MENTAL INSTITUTIONS > 2. State Hospitals for the Mentally Disordered > 2. Admission


citation: WIC § 7226

text: The State Department of State Hospitals may admit to any state hospital, if there is room therein, any soldier or sailor in the service of the United States who has a mental health disorder on terms agreed upon between the department and the properly authorized agents, officers, or representatives of the United States government.

history: (History: Amended by Stats. 2014, Ch. 144, Sec. 116. (AB 1847) Effective January 1, 2015.)

article: 2. Admission


citation: WIC § 7227

text: Prisoners who have mental health disorders and who are in the state prisons shall be admitted to the state hospitals in accordance with the provisions of the Penal Code.

history: (History: Amended by Stats. 2014, Ch. 144, Sec. 117. (AB 1847) Effective January 1, 2015.)

article: 2. Admission


citation: WIC § 7228

text: Prior to admission, the State Department of State Hospitals shall evaluate each patient committed pursuant to Section 1026 or 1370 of the Penal Code to determine the placement of the patient to the appropriate State Department of State Hospitals facility, as defined in Section 4100. The State Department of State Hospitals shall utilize the documents provided pursuant to subdivision (e) of Section 1026 of the Penal Code and paragraph (2) of subdivision (b) of Section 1370 of the Penal Code to make the appropriate placement. A patient determined to be a high security risk shall be treated in the department’s most secure facilities pursuant to Section 7230. A Penal Code patient not needing this level of security shall be treated as near to the patient’s community as possible if an appropriate treatment program is available.

history: (History: Amended by Stats. 2017, Ch. 17, Sec. 63. (AB 103) Effective June 27, 2017.)

article: 2. Admission


citation: WIC § 7230

text: Those patients determined to be high security risk patients, as described in Section 7228, shall be treated at Atascadero State Hospital or Patton State Hospital, a correctional facility, or other secure facility as defined by the State Department of State Hospitals, but shall not be treated at Metropolitan State Hospital or Napa State Hospital. Metropolitan State Hospital and Napa State Hospital shall treat only low- to moderate-risk patients, as defined by the State Department of State Hospitals.

history: (History: Amended by Stats. 2012, Ch. 24, Sec. 158. (AB 1470) Effective June 27, 2012.)

article: 2. Admission


citation: WIC § 7231

text:
(a) The State Department of Mental Health shall develop policies and procedures, by no later than 30 days following the effective date of the Budget Act of 1997, at each state hospital, to notify appropriate law enforcement agencies in the event of a patient escape or walkaway. Local law enforcement agencies, including local police and county sheriff departments, shall review the policies and procedures prior to final implementation by the department.

(b) Commencing July 1, 2012, the State Department of State Hospitals may adopt the policies and procedures developed by the State Department of Mental Health pursuant to subdivision (a).

history: (History: Amended by Stats. 2012, Ch. 24, Sec. 159. (AB 1470) Effective June 27, 2012.)

article: 2. Admission


citation: WIC § 7232

text:
(a) The State Department of Mental Health shall issue a state hospital administrative directive by no later than 30 days following the effective date of the Budget Act of 1997 to require patients whose placement has been required pursuant to the Penal Code, and other patients within the secured perimeter at each state hospital, to wear clothing that enables these patients to be readily identified.

(b) Commencing July 1, 2012, the State Department of State Hospitals may adopt the state hospital administrative directive issued by the State Department of Mental Health pursuant to subdivision (a).

history: (History: Amended by Stats. 2012, Ch. 24, Sec. 160. (AB 1470) Effective June 27, 2012.)

article: 2. Admission


citation: WIC § 7234

text:
(a) (1) A Patient Management Unit (PMU) shall be established within the State Department of State Hospitals to facilitate patient movement across all facilities under its jurisdiction, as defined in Section 4100, and any psychiatric programs operated by the State Department of State Hospitals pursuant to a memorandum of understanding with the Department of Corrections and Rehabilitation.

(2) The PMU’s responsibilities shall include, but not be limited to, oversight and centralized management of patient admissions, and collection of data for reports and patient population projections.

(b) The State Department of State Hospitals shall adopt regulations, consistent with this article, concerning policies and procedures to be implemented by the PMU, including, but not limited to, both of the following:

(1) Policies and procedures for patient referral to the State Department of State Hospitals.

(2) Screening criteria that ensures that patients are placed in a State Department of State Hospitals facility or psychiatric program closest to their county of residence in the absence of a compelling reason to place the patient in another facility. Compelling reasons may include, but not be limited to, the patient’s specialized psychiatric, medical, or safety needs, and the availability of beds for his or her commitment type.

(c) The Director of State Hospitals may adopt emergency regulations in accordance with the Administrative Procedures Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement this section. The adoption of an emergency regulation under this paragraph is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the Director of State Hospitals is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code.

history: (History: Amended by Stats. 2017, Ch. 17, Sec. 64. (AB 103) Effective June 27, 2017.)

article: 2. Admission


citation: WIC § 7250

text: Any person who has been committed is entitled to a writ of habeas corpus, upon a proper application made by the State Department of State Hospitals or the State Department of Developmental Services, by that person, or by a relative or friend in his or her behalf to the judge of the superior court of the county in which the hospital is located, or if the person has been found incompetent to stand trial and has been committed pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code, judicial review shall be in the superior court for the county that determined the question of the mental competence of the person. All documents requested by the court in the county of confinement shall be forwarded from the county of commitment to the court. Upon the return of the writ, the truth of the allegations under which he or she was committed shall be inquired into and determined. The medical history of the person as it appears in the clinical records shall be given in evidence, and the superintendent in charge of the state hospital wherein the person is held in custody and any other person who has knowledge of the facts shall be sworn and shall testify relative to the mental condition of the person.

history: (History: Amended by Stats. 2012, Ch. 24, Sec. 161. (AB 1470) Effective June 27, 2012.)

article: 3. Patients’ Care

path: 7. MENTAL INSTITUTIONS > 2. State Hospitals for the Mentally Disordered > 3. Patients’ Care


citation: WIC § 7251

text: Every executive director of a state hospital, shall, within three days after the reception of a patient, make or cause to be made a thorough physical and mental examination of the patient, and state the result thereof, on blanks prepared and exclusively set apart for that purpose. During the time the patient remains under his or her care he or she shall also make, or cause to be made, from time to time, examination of the mental state, bodily condition, and medical treatment of the patient at such intervals and in such manner, and state its result, upon blank forms, as are approved by the department. In the event of the death or discharge of a patient, the superintendent, or person in charge of the state hospital, shall state the circumstances thereof upon forms as are required by the department.

history: (History: Amended by Stats. 2012, Ch. 24, Sec. 162. (AB 1470) Effective June 27, 2012.)

article: 3. Patients’ Care


citation: WIC § 7252

text: Any patient in a state hospital, upon the consent of the executive director and medical director of the hospital, may voluntarily donate blood to any nonprofit blood bank duly licensed by the State Department of Public Health.

history: (History: Amended by Stats. 2012, Ch. 24, Sec. 163. (AB 1470) Effective June 27, 2012.)

article: 3. Patients’ Care


citation: WIC § 7253

text: Every patient in a state hospital under this chapter may be permitted to keep for his or her own use articles of handiwork and other finished products suitable primarily for personal use, as determined by the executive director, which have been fabricated by the patient.

history: (History: Amended by Stats. 2012, Ch. 24, Sec. 164. (AB 1470) Effective June 27, 2012.)

article: 3. Patients’ Care


citation: WIC § 7254

text: Notwithstanding any other provision of law, the State Department of State Hospitals shall have the authority to require that patients committed to a state mental health facility pursuant to Section 1026 of, and Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code, and Sections 6316 and 6321 of this code shall wear identifiable clothing in a secured area of the facility.

history: (History: Amended by Stats. 2012, Ch. 24, Sec. 165. (AB 1470) Effective June 27, 2012.)

article: 3. Patients’ Care


citation: WIC § 7275

text:
(a) A patient in a state hospital, their estate, and the guardian or conservator and administrator of the estate of the patient shall cause the patient to be properly and suitably cared for and maintained, and shall pay the costs and charges for transportation to a state institution. The patient in a state hospital and the administrators of their estate, and the estate of the person shall be liable for their care, support, and maintenance in a state institution of which they are a patient. The liability shall exist whether the person has become a patient of a state institution pursuant to the provisions of this code or pursuant to the provisions of Sections 1026, 1368, 1369, 1370, and 1372 of the Penal Code.

(b) This section does not impose liability for the care of persons with intellectual disabilities in state hospitals.

history: (History: Amended by Stats. 2021, Ch. 143, Sec. 356. (AB 133) Effective July 27, 2021.)

article: 4. Property and Support of Patients

path: 7. MENTAL INSTITUTIONS > 2. State Hospitals for the Mentally Disordered > 4. Property and Support of Patients


citation: WIC § 7276

text:
(a) The charge for the care and treatment of all persons who have mental health disorders at state hospitals for whom there is liability to pay therefor shall be determined pursuant to Section 4025. The Director of State Hospitals, or the director’s designee, may reduce, cancel, or remit the amount to be paid by the estate liable for the care and treatment of a person who has a mental health disorder and who is a patient at a state hospital, on satisfactory proof that the estate is unable to pay the cost of that care and treatment or that the amount is uncollectible. If there has been a payment under this section, and the payment or any part thereof is refunded because of the death, leave of absence, or discharge of a patient of the hospital, that amount shall be paid by the hospital or the State Department of State Hospitals to the person who made the payment upon demand, and in the statement to the Controller the amounts refunded shall be itemized and the aggregate deducted from the amount to be paid into the State Treasury, as provided by law. If a person dies at any time while their estate is liable for their care and treatment at a state hospital, the claim for the amount due may be presented to the executor or administrator of their estate, and paid as a preferred claim, with the same rank in order of preference, as claims for expenses of last illness.

(b) (1) The State Department of State Hospitals shall develop and implement a financial assistance program that may reduce or cancel the amount that a patient owes for the cost of care and treatment. The financial assistance program shall provide a process for a patient to apply for financial assistance and the criteria used by the department to determine whether a patient is eligible for a waiver of all costs or discounted payment. The determination of need for financial assistance shall be based upon criteria set forth by the department.

(2) Criteria in determining a patient’s eligibility for the financial assistance program shall be based on a patient’s income, including their monetary assets. If the patient’s income is determined to be at or below 300 percent of the federal poverty level, the patient shall be granted full relief of their cost of care and treatment.

(3) (A) If a patient does not qualify for full relief pursuant to paragraph (2), there shall be a sliding scale of debt relief for patients with an income above 300 percent of the federal poverty level, including payment plans.

(B) The department may develop reasonable payment plans suitable to the patient’s ability to pay, as determined through the department’s review of an application for financial assistance.

(C) The department and the patient shall negotiate the terms of the payment plan and take into consideration the patient’s income, public benefit participation, employment and banking information, or other income to assess against the federal poverty level, as well as liabilities, including, but not limited to, child support, restitution, and essential living expenses. The department shall make all reasonable efforts to determine a patient’s ability to pay.

(D) If the department and the patient cannot agree on the payment plan, the department shall use the reasonable payment plan described in subdivision (i) of Section 127400 of the Health and Safety Code.

(4) The department shall make its financial assistance program policy available to the public on the department’s internet website.

(c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section by means of a departmental letter or other similar instruction, as necessary.

history: (History: Amended by Stats. 2022, Ch. 47, Sec. 62. (SB 184) Effective June 30, 2022.)

article: 4. Property and Support of Patients


citation: WIC § 7277

text: The State Department of State Hospitals shall collect all the costs and charges mentioned in Section 7275, and shall determine, pursuant to Section 7275, and collect the charges for care and treatment rendered persons in community mental health clinics maintained by the department and may take action necessary to effect their collection within or without the state. The Director of State Hospitals may, however, at his or her discretion, refuse to accept payment of charges for the care and treatment in a state hospital of person with a mental health disorder or who has chronic alcoholism and who is eligible for deportation by the federal immigration authorities.

history: (History: Amended by Stats. 2014, Ch. 144, Sec. 120. (AB 1847) Effective January 1, 2015.)

article: 4. Property and Support of Patients


text: In the case of liability for care arising under Section 7275 during the lifetime of a decedent, in which the decedent has been a patient in a state hospital preceding the date of decedent’s death, a claim for costs and charges shall be mailed within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the claim or any portion thereof.

history: (History: Amended by Stats. 2021, Ch. 143, Sec. 358. (AB 133) Effective July 27, 2021.)

article: 4. Property and Support of Patients


citation: WIC § 7278

text: The State Department of State Hospitals shall, following the admission of a patient into a state hospital, cause an investigation to be made to determine the moneys, property, or interest in property, if any, the patient has, and whether the patient has a duly appointed and acting guardian to protect their property and their property interests.

history: (History: Amended by Stats. 2021, Ch. 143, Sec. 359. (AB 133) Effective July 27, 2021.)

article: 4. Property and Support of Patients


citation: WIC § 7279

text: If any person committed to a state mental hospital has sufficient estate for the purpose, the guardian or conservator of the person’s estate shall pay for the person’s care, support, maintenance, and necessary expenses at the state hospital to the extent the estate is available after taking into account essential living expenses and other financial liabilities. The payment may be enforced by the order of the judge of the superior court where the guardianship or conservatorship proceedings are pending. On the filing of a petition therein by the department showing that the guardian or conservator has failed, refused, or neglected to pay for that care, support, maintenance, and expenses, the court, by order, shall direct the payment by the guardian or conservator. The order may be enforced in the same manner as are other orders of the court.

history: (History: Amended by Stats. 2022, Ch. 47, Sec. 63. (SB 184) Effective June 30, 2022.)

article: 4. Property and Support of Patients


citation: WIC § 7280

text: The guardian or conservator of the estate of a person who is confined in a state hospital may, from time to time, pay to the state hospital moneys out of the estate to be used for the future personal needs of the person while in a state hospital and for burial expenses. These sums shall be credited to the patient’s personal deposit account, subject to the provision relating to the deposit of funds in the patients’ personal deposit fund.

history: (History: Amended by Stats. 2014, Ch. 144, Sec. 122. (AB 1847) Effective January 1, 2015.)

article: 4. Property and Support of Patients


citation: WIC § 7281

text: There is at each institution under the jurisdiction of the State Department of State Hospitals and at each institution under the jurisdiction of the State Department of Developmental Services, a fund known as the patients’ personal deposit fund. Any funds coming into the possession of the superintendent, belonging to any patient in that institution, shall be deposited in the name of that patient in the patients’ personal deposit fund, except that if a guardian or conservator of the estate is appointed for the patient then the guardian or conservator shall have the right to demand and receive the funds. Only for patients at an institution under the jurisdiction of the State Department of Developmental Services, whenever the sum belonging to any one patient, deposited in the patients’ personal deposit fund, exceeds the sum of five hundred dollars ($500), the excess may be applied to the payment of the care, support, maintenance, and medical attention of the patient. After the death of the patient, any sum remaining in the patient’s personal deposit account in excess of burial costs may be applied for payment of care, support, maintenance, and medical attention. Any of the funds belonging to a patient deposited in the patients’ personal deposit fund may be used for the purchase of personal incidentals for the patient or may be applied in an amount not exceeding five hundred dollars ($500) to the payment of the patient’s burial expenses.

history: (History: Amended by Stats. 2022, Ch. 47, Sec. 64. (SB 184) Effective June 30, 2022.)

article: 4. Property and Support of Patients


text: A patient of an institution under the jurisdiction of the State Department of State Hospitals who participates in a sheltered workshop or vocational rehabilitation program shall not be required to return or remit any earnings received during the patient’s participation to the institution for the cost of care, support, maintenance, and medical attention pursuant to Section 7281.

history: (History: Added by Stats. 2019, Ch. 38, Sec. 45. (SB 78) Effective June 27, 2019.)

article: 4. Property and Support of Patients


citation: WIC § 7282

text: The State Department of State Hospitals with respect to a state hospital under its jurisdiction, or the State Department of Developmental Services with respect to a state hospital under its jurisdiction, may, in its own name, bring an action to enforce payment for the cost and charges of transportation of a person to a state hospital against any person, guardian, or conservator liable for transportation. The department also may, in its own name, bring an action to recover for the use and benefit of any state hospital or for the state the amount due for the care, support, maintenance, and expenses of any patient therein, against any county, or officer thereof, or against any person, guardian, or conservator liable for the care, support, maintenance, or expenses.

history: (History: Amended by Stats. 2021, Ch. 143, Sec. 360. (AB 133) Effective July 27, 2021.)

article: 4. Property and Support of Patients


text:
If a person who is or has been a recipient of services provided by the State Department of Developmental Services or the State Department of State Hospitals in a state hospital, or the guardian, conservator, or personal representative of the person, brings an action or claim against a third party for an injury, disorder, or disability, which resulted in the need for care, maintenance, or treatment in a state hospital, the person or the guardian, conservator, or personal representative shall within 30 days of filing the action or claim give to the Director of Developmental Services, for hospitals under the jurisdiction of the State Department of Developmental Services, or the Director of State Hospitals, for hospitals under the jurisdiction of the State Department of State Hospitals, written notice of the action or claim and of the name of the court or agency in which the action or claim is to be brought. Proof of the notice shall be filed in the action or claim. For pending actions or claims filed prior to January 1, 1986, proof of the notice shall be filed by February 1, 1986.

Any judgment, award, or settlement arising out of the action or claim shall be subject to a lien in favor of the Director of Developmental Services or the Director of State Hospitals, for hospitals under the jurisdiction of that department, for the cost of state hospital care and treatment furnished with respect to the subject of the action or claim, however:

(a) A lien shall not attach to that portion of a money judgment awarded for pain and suffering.

(b) A lien shall not attach if over 180 days has elapsed between the time when notice was given to the department and the time when the department has filed its lien with the court or agency in which the action or claim has been brought.

(c) A lien authorized by this section shall not be placed for services which have been paid through the state Medi-Cal program.

(d) This section shall not apply to actions or claims in which a final judgment, award, or settlement has been entered into prior to January 1, 1986.

history: (History: Amended by Stats. 2012, Ch. 24, Sec. 172. (AB 1470) Effective June 27, 2012.)

article: 4. Property and Support of Patients


citation: WIC § 7283

text: All moneys collected by the State Department of State Hospitals and the State Department of Developmental Services for the cost and charges of transportation of persons to state hospitals shall be remitted by the department to the State Treasury for credit to, and shall become a part of, the current appropriation from the General Fund of the state for the transportation of persons with mental health disorders, correctional school, or other state hospital patients and shall be available for expenditure for those purposes. In lieu of exact calculations of moneys collected for transportation charges the department may determine the amount of collections by the use of those estimates or formula as approved by the Department of Finance.

history: (History: Amended by Stats. 2014, Ch. 144, Sec. 123. (AB 1847) Effective January 1, 2015.)

article: 4. Property and Support of Patients


citation: WIC § 7288

text:
Whenever it appears that a person who has been admitted to a state institution and remains under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services does not have a guardian or conservator of the estate and owns personal property which requires safekeeping for the benefit of the patient, the State Department of State Hospitals or the State Department of Developmental Services may remove or cause to be removed the personal property from wherever located to a place of safekeeping.

Whenever it appears that the patient does not own property of a value which would warrant guardianship or conservatorship proceedings, the expenses of removal and safekeeping shall be paid from funds appropriated for the support of the institution in which the patient is receiving care and treatment; provided, however, that if the sum on deposit to the credit of the patient in the patients’ personal deposit fund exceeds the sum of three hundred dollars ($300), the excess may be applied to the payment of the expenses of removal and safekeeping.

When it is determined by the superintendent, at any time after the removal for safekeeping of the personal property, that the patient is incurable or is likely to remain in a state institution indefinitely, then any of those articles of personal property which cannot be used by the patient at the institution may be sold at public auction and the proceeds therefrom shall first be applied in reimbursement of the expenses so incurred, and the balance shall be deposited to the patient’s credit in the patients’ personal deposit fund. All moneys so received as reimbursement shall be deposited in the State Treasury in augmentation of the appropriation from which the expenses were paid.

history: (History: Amended by Stats. 2012, Ch. 24, Sec. 178. (AB 1470) Effective June 27, 2012.)

article: 4. Property and Support of Patients


citation: WIC § 7289

text:
When a person who is a client of a state hospital or developmental center in the State Department of State Hospitals or the State Department of Developmental Services has no guardian or conservator of the estate and has money due or owing to him or her, the executive director of the institution of which the person is a client may, during the client’s residence at the institution, collect an amount not to exceed three thousand dollars ($3,000) of any money so due or owing upon furnishing to the person, representative, officer, body or corporation in possession of or owing any sums, an affidavit executed by the executive director or acting executive director. The affidavit shall contain the name of the institution of which the person is a client, and the statement that the total amount requested pursuant to the affidavit does not exceed the sum of three thousand dollars ($3,000). Payments from retirement systems and annuity plans which are due or owing to the clients may also be collected by the executive director of the institution of which the person is a client, upon the furnishing of an affidavit executed by the executive director or acting executive director, containing the name of the institution of which the person is a client and the statement that the person is entitled to receive the payments. These sums shall be delivered to the executive director and shall be deposited by him or her in the clients’ personal deposit fund as provided in Section 7281.

The receipt of the executive director shall constitute sufficient acquittance for any payment of money made pursuant to this section and shall fully discharge the person, representative, officer, body or corporation from any further liability with reference to the amount of money so paid.

The executive director of each institution shall render reports and accounts annually or more often as may be required by the department having jurisdiction over the hospital or the Department of Finance of all moneys of clients deposited in the clients’ personal deposit accounts of the institution.

history: (History: Amended by Stats. 2012, Ch. 24, Sec. 179. (AB 1470) Effective June 27, 2012.)

article: 4. Property and Support of Patients


text:
(a) The amount of three thousand dollars ($3,000) as set forth in Section 7289, shall be adjusted annually, on January 1 by the State Department of Developmental Services as it applies to state hospitals or developmental centers under its jurisdiction, and by the State Department of State Hospitals as it applies to state hospitals under its jurisdiction, to reflect any increases or decreases in the cost of living occurring after December 31, 1967, so that the first adjustment becomes effective January 1, 1990. The indices of the California Consumer Price Index—All Urban as prepared by the Department of Industrial Relations, shall be used as the basis for determining the changes in the cost of living.

(b) In implementing the cost-of-living provisions of this section, the State Department of Developmental Services and the State Department of State Hospitals shall use the most recent December for computation of the percentage change in the cost of living after December 31, 1967. The amount of this adjustment shall be made by comparing the average index for the most recent December with the average index for December 1967. The product of any percentage increase or decrease in the average index and the amount set forth in Section 7289 shall be the adjusted amount subject to affidavit pursuant to the provisions of Section 7289.

history: (History: Amended by Stats. 2012, Ch. 24, Sec. 180. (AB 1470) Effective June 27, 2012.)

article: 4. Property and Support of Patients


citation: WIC § 7290

text: The State Department of Developmental Services may enter into a special agreement, secured by a properly executed bond, with the relatives, guardian, conservator, or friend of any patient for the patient’s care, support, maintenance, or other expenses at the institution. The agreement and bond shall be to the people of the State of California and action to enforce the same may be brought by the department. All charges due under this section, including the monthly rate for the patient’s care and treatment, as established by or pursuant to law, shall be collected monthly. No patient, however, shall be permitted to occupy more than one room in any state institution.

history: (History: Amended by Stats. 2022, Ch. 47, Sec. 69. (SB 184) Effective June 30, 2022.)

article: 4. Property and Support of Patients


citation: WIC § 7293

text: The State Department of State Hospitals shall present to the county, not more frequently than monthly, a claim for the amount due the state under Section 7291 which the county shall process and pay pursuant to the provisions of Chapter 4 (commencing with Section 29700) of Division 3 of Title 3 of the Government Code.

history: (History: Amended by Stats. 2012, Ch. 24, Sec. 183. (AB 1470) Effective June 27, 2012.)

article: 4. Property and Support of Patients


citation: WIC § 7294

text:
(a) A person who has been committed as a delinquent with a mental health disorder may be paroled or granted a leave of absence by the medical superintendent of the institution wherein the person is confined whenever the medical superintendent is of the opinion that the person has improved to such an extent that he or she is no longer a menace to the health and safety of others or that the person will receive benefit from the parole or leave of absence, and after the medical superintendent and the Director of State Hospitals have certified the opinion to the committing court.

(b) If, within 30 days after the receipt of the certification, the committing court orders the return of the person, the person shall be returned forthwith to await further action of the court. If, within 30 days after the receipt of the certification, the committing court does not order the return of the person to await the further action of the court, the medical superintendent may thereafter parole the person under the terms and conditions specified by the superintendent. A paroled inmate may, at any time during the parole period, be recalled to the institution. The period of parole shall in no case be less than five years, and shall be on the same general rules and conditions as parole of persons with mental health disorders.

(c) When a person has been paroled for five consecutive years, if in the opinion of the medical superintendent and the Director of State Hospitals the person is no longer a menace to the health, person, or property of himself or herself or of any other person, the medical superintendent, subject to the approval of the Director of State Hospitals, may discharge the person. The committing court shall be furnished with a certified copy of the discharge and shall thereupon dispose of the court case as it deems necessary and proper.

(d) When, in the opinion of the medical superintendent, a person previously committed as a delinquent with a mental health disorder will not benefit by further care and treatment under any facilities of the department and should be returned to the jurisdiction of the court, the superintendent of the institution and the Director of State Hospitals shall certify the opinion to the committing court, including therein a report, diagnosis, and recommendation concerning the person’s future care, supervision, or treatment. Upon receipt of the certification, the committing court shall forthwith order the return of the person to the court. The person shall be entitled to a court hearing and to present witnesses in his or her own behalf, to be represented by counsel and to cross-examine any witness who testifies against him or her. After considering all the evidence before it, the court may make a further order or commitment with reference to the person as may be authorized by law.

history: (History: Amended by Stats. 2014, Ch. 144, Sec. 125. (AB 1847) Effective January 1, 2015.)

article: 4. Property and Support of Patients


citation: WIC § 7295

text:
(a) To ensure its safety and security, a state hospital that is under the jurisdiction of the State Department of State Hospitals, as listed in Section 4100, may develop a list of items that are deemed contraband and prohibited on hospital grounds and control and eliminate contraband on hospital grounds.

(b) The State Department of State Hospitals shall develop a list of items that shall be deemed contraband at every state hospital.

(c) A state hospital shall form a contraband committee, comprised of hospital management and employees designated by the hospital’s director, to develop the list of contraband items. The committee shall develop the list with the participation of patient representatives, or the patient government of the hospital, if one is available, and the Office of Patients’ Rights.

(d) Each hospital’s list of contraband items developed pursuant to subdivision (a), and the statewide list of contraband items developed pursuant to subdivision (b), are subject to review and approval by the Director of State Hospitals or his or her designee.

(e) A list of contraband items developed pursuant to subdivision (a) shall be updated and subject to review and approval by the director of the department, or the director’s designee, no less often than every six months.

(f) If an item presents an emergent danger to the safety and security of a facility, the item may be placed immediately on a contraband list by the Director of State Hospitals or the executive director of the state hospital, but this placement shall be reviewed by the contraband committee, if applicable, and approved by the Director of State Hospitals or the director’s designee within six weeks.

(g) The lists of contraband items developed pursuant to this section shall be posted prominently in every unit of the hospital and throughout the hospital, and provided to a patient upon request.

(h) The lists of contraband items developed pursuant to this section shall be posted on the hospital’s Internet Web site.

(i) For the purposes of this section, “contraband” means materials, articles, or goods that a patient is prohibited from having in his or her possession because the materials, articles, or goods present a risk to the safety and security of the facility.

(j) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the hospital and the department may implement, interpret, or make specific this section without taking regulatory action.

(k) The State Department of State Hospitals may adopt emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division of 3 of Title 2 of the Government Code) related to the management, inspection, and disposition of contraband items that have been identified by the department pursuant to this section. The adoption of emergency regulations under this subdivision is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the Director of State Hospitals is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. This subdivision shall become inoperative on June 30, 2026, unless a later enacted statute deletes or extends that date.

history: (History: Amended by Stats. 2024, Ch. 999, Sec. 6. (AB 177) Effective September 30, 2024.)

article: 4. Property and Support of Patients


citation: WIC § 7296

text:
(a) To the extent administratively feasible and within available resources, the State Department of State Hospitals shall do all of the following:

(1) Provide any eligible patient with assistance in obtaining an original or replacement identification card pursuant to subdivision (i) of Section 14902 of the Vehicle Code.

(2) Facilitate the process between a patient and those entities holding documentation, such as a birth certificate or social security card, required for a patient to obtain an identification card. This assistance shall include, without limitation, the provision of any necessary notary services, assistance with obtaining forms, and any required correspondence.

(3) Provide an eligible patient with the verification of eligibility described in clause (iii) of subparagraph (A) of paragraph (1) of subdivision (i) of Section 14902 of the Vehicle Code.

(b) For purposes of this section, “eligible patient” means a patient who is currently housed in a facility described in Section 4100, is preparing to be discharged unconditionally or through a conditional release program, and who qualifies to obtain an original or replacement identification pursuant to subdivision (i) of Section 14902 of the Vehicle Code.

history: (History: Added by Stats. 2024, Ch. 40, Sec. 54. (SB 159) Effective June 29, 2024.)

article: 4. Property and Support of Patients


citation: WIC § 7300

text:
(a) It shall be the policy of the department to make available to all persons admitted to a state hospital prior to July 1, 1969, and to all persons judicially committed or remanded to its jurisdiction all of the facilities under the control of the department. Whenever, in the opinion of the Director of State Hospitals, it appears that a person admitted prior to July 1, 1969, or that a person judicially committed or remanded to the State Department of State Hospitals for placement in an institution would be benefited by a transfer from that institution to another institution under the department’s jurisdiction, the director may cause the transfer of the patient. Preference shall be given in any such transfer to an institution in an adjoining rather than a remote district.

(b) However, before an inmate of a correctional school may be transferred to a state hospital, he or she shall first be returned to a court of competent jurisdiction, and, if subject to commitment, after hearing, may be committed to a state hospital in accordance with law.

(c) The expense of the transfers is chargeable to the state, and the bills for the same, when approved by the Director of State Hospitals, shall be paid by the Treasurer on the warrant of the Controller, out of moneys provided for the care or support of the patients or out of the moneys provided for the support of the department, in the discretion of the department.

history: (History: Amended by Stats. 2014, Ch. 144, Sec. 126. (AB 1847) Effective January 1, 2015.)

article: 5. Transfer of Patients

path: 7. MENTAL INSTITUTIONS > 2. State Hospitals for the Mentally Disordered > 5. Transfer of Patients


citation: WIC § 7301

text:
Whenever, in the opinion of the Director of State Hospitals and with the approval of the Secretary of the Department of Corrections and Rehabilitation, any person who has been committed to a state hospital pursuant to provisions of the Penal Code or who has been placed in a state hospital temporarily for observation pursuant to, or who has been committed to a state hospital pursuant to Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of this code needs care and treatment under conditions of custodial security which can be better provided within the Department of Corrections and Rehabilitation, the person may be transferred for those purposes from an institution under the jurisdiction of the State Department of State Hospitals to an institution under the jurisdiction of the Department of Corrections and Rehabilitation.

Persons so transferred shall not be subject to the provisions of Section 4500, 4501, 4501.5, 4502, 4530, or 4531 of the Penal Code. However, they shall be subject to the general rules of the Secretary of the Department of Corrections and Rehabilitation and of the facility where they are confined and any correctional employee dealing with those persons during the course of an escape or attempted escape, a fight or a riot, shall have the same rights, privileges and immunities as if the person transferred had been committed to the Secretary of the Department of Corrections and Rehabilitation.

Whenever a person is transferred to an institution under the jurisdiction of the Department of Corrections and Rehabilitation pursuant to this section, any report, opinion, or certificate required or authorized to be filed with the court which committed the person to a state hospital, or ordered the person placed therein, shall be prepared and filed with the court by the head of the institution in which the person is actually confined or by the designee of the head of the institution.

history: (History: Amended by Stats. 2012, Ch. 24, Sec. 186. (AB 1470) Effective June 27, 2012.)

article: 5. Transfer of Patients


citation: WIC § 7302

text: Patients admitted to a state hospital prior to July 1, 1969, and all patients judicially committed or remanded, may be transferred to a like institution at the request of relatives or friends, if there is room in the like institution to which transfer is sought and if the department or departments having jurisdiction over such institutions and the medical directors of the institutions from which and to which the transfer is to be made consent thereto. The expense of such transfer shall be paid by such relatives or friends.

history: (History: Amended by Stats. 1977, Ch. 1252.)

article: 5. Transfer of Patients


citation: WIC § 7303

text: Whenever a person, committed to the care of the State Department of State Hospitals or the State Department of Developmental Services under one of the commitment laws which provides for reimbursement for care and treatment to the state by the county of commitment of the person, is transferred under Section 7300 to an institution under the jurisdiction of the department where the state rather than the county is liable for the support and care of patients, the county of commitment may have the original commitment vacated and a new commitment issued, designating the institution to which the person has been transferred, in order to absolve the county from liability under the original commitment.

history: (History: Amended by Stats. 2012, Ch. 24, Sec. 187. (AB 1470) Effective June 27, 2012.)

article: 5. Transfer of Patients