2009 California Penal Code - Section 1600-1620 :: Title 15. Outpatient Status For Mentally Disordered And Developmentally Disabled Offenders

PENAL CODE
SECTION 1600-1620

1600.  Any person committed to a state hospital or other treatment
facility under the provisions of Section 1026, or Chapter 6
(commencing with Section 1367) of Title 10 of this code, or Section
6316 or 6321 of the Welfare and Institutions Code may be placed on
outpatient status from that commitment subject to the procedures and
provisions of this title, except that a developmentally disabled
person may be placed on outpatient status from that commitment under
the provisions of this title as modified by Section 1370.4. Any
person committed as a sexually violent predator under the provisions
of Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of
Division 6 of the Welfare and Institutions Code may be placed on
outpatient status from that commitment in accordance with the
procedures described in Title 15 (commencing with Section 1600) of
Part 2 of the Penal Code.

1600.5.  For a person committed as a mentally disordered sex
offender under former Section 6316 or 6316.2 of the Welfare and
Institutions Code, or committed pursuant to Section 1026 or 1026.5,
or committed pursuant to Section 2972, who is placed on outpatient
status under the provisions of this title, time spent on outpatient
status, except when placed in a locked facility at the direction of
the outpatient supervisor, shall not count as actual custody and
shall not be credited toward the person's maximum term of commitment
or toward the person's term of extended commitment. Nothing in this
section shall be construed to extend the maximum period of parole of
a mentally disordered offender.

1601.  (a) In the case of any person charged with and found
incompetent on a charge of, convicted of, or found not guilty by
reason of insanity of murder, mayhem, aggravated mayhem, a violation
of Section 207, 209, or 209.5 in which the victim suffers
intentionally inflicted great bodily injury, robbery or carjacking
with a deadly or dangerous weapon or in which the victim suffers
great bodily injury, a violation of subdivision (a) or (b) of Section
451, a violation of paragraph (2), (3), or (6) of subdivision (a) of
Section 261, a violation of paragraph (1) or (4) of subdivision (a)
of Section 262, a violation of Section 459 in the first degree, a
violation of Section 220 in which the victim suffers great bodily
injury, a violation of Section 288, a violation of Section 12303.1,
12303.2, 12303.3, 12308, 12309, or 12310, or any felony involving
death, great bodily injury, or an act which poses a serious threat of
bodily harm to another person, outpatient status under this title
shall not be available until that person has actually been confined
in a state hospital or other facility for 180 days or more after
having been committed under the provisions of law specified in
Section 1600.
   (b) In the case of any person charged with, and found incompetent
on a charge of, or convicted of, any misdemeanor or any felony other
than those described in subdivision (a), or found not guilty of any
misdemeanor by reason of insanity, outpatient status under this title
may be granted by the court prior to actual confinement in a state
hospital or other treatment facility under the provisions of law
specified in Section 1600.

1602.  (a) Any person subject to the provisions of subdivision (b)
of Section 1601 may be placed on outpatient status, if all of the
following conditions are satisfied:
   (1) In the case of a person who is an inpatient, the director of
the state hospital or other treatment facility to which the person
has been committed advises the court that the defendant will not be a
danger to the health and safety of others while on outpatient
status, and will benefit from such outpatient status.
   (2)  In all cases, the community program director or a designee
advises the court that the defendant will not be a danger to the
health and safety of others while on outpatient status, will benefit
from such status, and identifies an appropriate program of
supervision and treatment.
   (3) After actual notice to the prosecutor and defense counsel, and
after a hearing in court, the court specifically approves the
recommendation and plan for outpatient status.
   (b) The community program director or a designee shall prepare and
submit the evaluation and the treatment plan specified in paragraph
(2) of subdivision (a) to the court within 15 calendar days after
notification by the court to do so, except that in the case of a
person who is an inpatient, the evaluation and treatment plan shall
be submitted within 30 calendar days after notification by the court
to do so.
   (c) Any evaluations and recommendations pursuant to paragraphs (1)
and (2) of subdivision (a) shall include review and consideration of
complete, available information regarding the circumstances of the
criminal offense and the person's prior criminal history.

1603.  (a) Any person subject to subdivision (a) of Section 1601 may
be placed on outpatient status if all of the following conditions
are satisfied:
   (1) The director of the state hospital or other treatment facility
to which the person has been committed advises the committing court
and the prosecutor that the defendant would no longer be a danger to
the health and safety of others, including himself or herself, while
under supervision and treatment in the community, and will benefit
from that status.
   (2) The community program director advises the court that the
defendant will benefit from that status, and identifies an
appropriate program of supervision and treatment.
   (3) The prosecutor shall provide notice of the hearing date and
pending release to the victim or next of kin of the victim of the
offense for which the person was committed where a request for the
notice has been filed with the court, and after a hearing in court,
the court specifically approves the recommendation and plan for
outpatient status pursuant to Section 1604. The burden shall be on
the victim or next of kin to the victim to keep the court apprised of
the party's current mailing address.
   In any case in which the victim or next of kin to the victim has
filed a request for notice with the director of the state hospital or
other treatment facility, he or she shall be notified by the
director at the inception of any program in which the committed
person would be allowed any type of day release unattended by the
staff of the facility.
   (b) The community program director shall prepare and submit the
evaluation and the treatment plan specified in paragraph (2) of
subdivision (a) to the court within 30 calendar days after
notification by the court to do so.
   (c) Any evaluations and recommendations pursuant to paragraphs (1)
and (2) of subdivision (a) shall include review and consideration of
complete, available information regarding the circumstances of the
criminal offense and the person's prior criminal history.

1604.  (a) Upon receipt by the committing court of the
recommendation of the director of the state hospital or other
treatment facility to which the person has been committed that the
person may be eligible for outpatient status as set forth in
subdivision (a)(1) of Section 1602 or 1603, the court shall
immediately forward such recommendation to the community program
director, prosecutor, and defense counsel. The court shall provide
copies of the arrest reports and the state summary criminal history
information to the community program director.
   (b) Within 30 calendar days the community program director or a
designee shall submit to the court and, when appropriate, to the
director of the state hospital or other treatment facility, a
recommendation regarding the defendant's eligibility for outpatient
status, as set forth in subdivision (a)(2) of Section 1602 or 1603
and the recommended plan for outpatient supervision and treatment.
The plan shall set forth specific terms and conditions to be followed
during outpatient status. The court shall provide copies of this
report to the prosecutor and the defense counsel.
   (c) The court shall calendar the matter for hearing within 15
judicial days of the receipt of the community program director's
report and shall give notice of the hearing date to the prosecutor,
defense counsel, the community program director, and, when
appropriate, to the director of the state hospital or other facility.
In any hearing conducted pursuant to this section, the court shall
consider the circumstances and nature of the criminal offense leading
to commitment and shall consider the person's prior criminal
history.
   (d) The court shall, after a hearing in court, either approve or
disapprove the recommendation for outpatient status. If the approval
of the court is given, the defendant shall be placed on outpatient
status subject to the terms and conditions specified in the
supervision and treatment plan. If the outpatient treatment occurs in
a county other than the county of commitment, the court shall
transmit a copy of the case record to the superior court in the
county where outpatient treatment occurs, so that the record will be
available if revocation proceedings are initiated pursuant to Section
1608 or 1609.

1605.  (a) In accordance with Section 1615 of this code and Section
5709.8 of the Welfare and Institutions Code, the State Department of
Mental Health shall be responsible for the supervision of persons
placed on outpatient status under this title. The State Department of
Mental Health shall designate, for each county or region comprised
of two or more counties, a community program director who shall be
responsible for administering the community treatment programs for
persons committed from that county or region under the provisions
specified in Section 1600.
   (b) The State Department of Mental Health shall notify in writing
the superior court, the district attorney, the county public defender
or public defense agency, and the county mental health director of
each county as to the person designated to be the community program
director for that county, and timely written notice shall be given
whenever a new community program director is to be designated.
   (c) The community program director shall be the outpatient
treatment supervisor of persons placed on outpatient status under
this title. The community program director may delegate the
outpatient treatment supervision responsibility to a designee.
   (d) The outpatient treatment supervisor shall, at 90-day intervals
following the beginning of outpatient treatment, submit to the
court, the prosecutor and defense counsel, and to the community
program director, where appropriate, a report setting forth the
status and progress of the defendant.

1606.  Outpatient status shall be for a period not to exceed one
year. At the end of the period of outpatient status approved by the
court, the court shall, after actual notice to the prosecutor, the
defense counsel, and the community program director, and after a
hearing in court, either discharge the person from commitment under
appropriate provisions of the law, order the person confined to a
treatment facility, or renew its approval of outpatient status. Prior
to such hearing, the community program director shall furnish a
report and recommendation to the medical director of the state
hospital, where appropriate, and to the court, which the court shall
make available to the prosecutor and defense counsel. The person
shall remain on outpatient status until the court renders its
decision unless hospitalized under other provision of the law. The
hearing pursuant to the provisions of this section shall be held no
later than 30 days after the end of the one-year period of outpatient
status unless good cause exists. The court shall transmit a copy of
its order to the community program director or a designee.

1607.  If the outpatient supervisor is of the opinion that the
person has regained competence to stand trial, or is no longer
insane, is no longer a mentally disordered offender, or is no longer
a mentally disordered sex offender, the community program director
shall submit his or her opinion to the medical director of the state
hospital, where appropriate, and to the court which shall calendar
the case for further proceedings under the provisions of Section
1372, 1026.2, or 2972 of this code or Section 6325 of the Welfare and
Institutions Code.

1608.  If at any time during the outpatient period, the outpatient
treatment supervisor is of the opinion that the person requires
extended inpatient treatment or refuses to accept further outpatient
treatment and supervision, the community program director shall
notify the superior court in either the county which approved
outpatient status or in the county where outpatient treatment is
being provided of such opinion by means of a written request for
revocation of outpatient status. The community program director shall
furnish a copy of this request to the defense counsel and to the
prosecutor in both counties if the request is made in the county of
treatment rather than the county of commitment.
   Within 15 judicial days, the court where the request was filed
shall hold a hearing and shall either approve or disapprove the
request for revocation of outpatient status. If the court approves
the request for revocation, the court shall order that the person be
confined in a state hospital or other treatment facility approved by
the community program director. The court shall transmit a copy of
its order to the community program director or a designee. Where the
county of treatment and the county of commitment differ and
revocation occurs in the county of treatment, the court shall enter
the name of the committing county and its case number on the order of
revocation and shall send a copy of the order to the committing
court and the prosecutor and defense counsel in the county of
commitment.

1609.  If at any time during the outpatient period or placement with
a local mental health program pursuant to subdivision (b) of Section
1026.2 the prosecutor is of the opinion that the person is a danger
to the health and safety of others while on that status, the
prosecutor may petition the court for a hearing to determine whether
the person shall be continued on that status. Upon receipt of the
petition, the court shall calendar the case for further proceedings
within 15 judicial days and the clerk shall notify the person, the
community program director, and the attorney of record for the person
of the hearing date. Upon failure of the person to appear as
noticed, if a proper affidavit of service and advisement has been
filed with the court, the court may issue a body attachment for such
person. If, after a hearing in court conducted using the same
standards used in conducting probation revocation hearings pursuant
to Section 1203.2, the judge determines that the person is a danger
to the health and safety of others, the court shall order that the
person be confined in a state hospital or other treatment facility
which has been approved by the community program director.

1610.  (a) Upon the filing of a request for revocation under Section
1608 or 1609 and pending the court's decision on revocation, the
person subject to revocation may be confined in a facility designated
by the community program director when it is the opinion of that
director that the person will now be a danger to self or to another
while on outpatient status and that to delay confinement until the
revocation hearing would pose an imminent risk of harm to the person
or to another. The facility so designated shall continue the patient'
s program of treatment, shall provide adequate security so as to
ensure both the safety of the person and the safety of others in the
facility, and shall, to the extent possible, minimize interference
with the person's program of treatment. Upon the request of the
community program director or a designee, a peace officer shall take,
or cause to be taken, the person into custody and transport the
person to a facility designated by the community program director for
confinement under this section. Within one judicial day after the
person is confined in a jail under this section, the community
program director shall apply in writing to the court for
authorization to confine the person pending the hearing under Section
1608 or Section 1609 or subdivision (c). The application shall be in
the form of a declaration, and shall specify the behavior or other
reason justifying the confinement of the person in a jail. Upon
receipt of the application for confinement, the court shall consider
and rule upon it, and if the court authorizes detention in a jail,
the court shall actually serve copies of all orders and all documents
filed by the community program director upon the prosecuting and
defense counsel. The community program director shall notify the
court in writing of the confinement of the person and of the factual
basis for the opinion that the immediate confinement in a jail was
necessary. The court shall supply a copy of these documents to the
prosecutor and defense counsel.
   (b) The facility designated by the community program director may
be a state hospital, a local treatment facility, a county jail, or
any other appropriate facility, so long as the facility can continue
the person's program of treatment, provide adequate security, and
minimize interference with the person's program of treatment. If the
facility designated by the community program director is a county
jail, the patient shall be separated from the general population of
the jail. In the case of a sexually violent predator, as defined in
Section 6600 of the Welfare and Institutions Code, who is held
pending civil process under the sexually violent predator laws, the
person may be housed as provided by Section 4002. The designated
facility need not be approved for 72-hour treatment and evaluation
pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code); however, a county jail may not be designated
unless the services specified above are provided, and accommodations
are provided which ensure both the safety of the person and the
safety of the general population of the jail. Within three judicial
days of the patient's confinement in a jail, the community program
director shall report to the court regarding what type of treatment
the patient is receiving in the facility. If there is evidence that
the treatment program is not being complied with, or accommodations
have not been provided which ensure both the safety of the committed
person and the safety of the general population of the jail, the
court shall order the person transferred to an appropriate facility,
including an appropriate state hospital. Nothing in this subdivision
shall be construed as authorizing jail facilities to operate as
health facilities, as defined in Section 1250 of the Health and
Safety Code, without complying with applicable requirements of law.
   (c) A person confined under this section shall have the right to
judicial review of his or her confinement in a jail under this
section in a manner similar to that which is prescribed in Article 5
(commencing with Section 5275) of Chapter 2 of Part 1 of Division 5
of the Welfare and Institutions Code and to an explanation of rights
in the manner prescribed in Section 5325 of the Welfare and
Institutions Code.
   Nothing in this section shall prevent hospitalization pursuant to
the provisions of Section 5150, 5250, 5350, or 5353 of the Welfare
and Institutions Code.
   (d) A person whose confinement in a treatment facility under
Section 1608 or 1609 is approved by the court shall not be released
again to outpatient status unless court approval is obtained under
Section 1602 or 1603.

1611.  (a) No person who is on outpatient status pursuant to this
title or Section 2972 shall leave this state without first obtaining
prior written approval to do so from the committing court. The prior
written approval of the court for the person to leave this state
shall specify when the person may leave, when the person is required
to return, and may specify other conditions or limitations at the
discretion of the court. The written approval for the person to leave
this state may be in a form and format chosen by the committing
court.
   In no event shall the court give written approval for the person
to leave this state without providing notice to the prosecutor, the
defense counsel, and the community program director. The court may
conduct a hearing on the question of whether the person should be
allowed to leave this state and what conditions or limitations, if
any, should be imposed.
   (b) Any person who violates subdivision (a) is guilty of a
misdemeanor.

1612.  Any person committed to a state hospital or other treatment
facility under the provisions of Section 1026, or Chapter 6
(commencing with Section 1367) of Title 10 of this code, or former
Section 6316 or 6321 of the Welfare and Institutions Code shall not
be released therefrom except as expressly provided in this title or
Section 1026.2.

1614.  Persons ordered to undergo outpatient treatment under former
Sections 1026.1 and 1374 of the Penal Code and subdivision (a) of
Section 6325.1 of the Welfare and Institutions Code shall, on January
1, 1981, be considered as being on outpatient status under this
title and this title shall apply to such persons.

1615.  Pursuant to Section 5709.8 of the Welfare and Institutions
Code, the State Department of Mental Health shall be responsible for
the community treatment and supervision of judicially committed
patients. These services shall be available on a county or regional
basis. The department may provide these services directly or through
contract with private providers or counties. The program or programs
through which these services are provided shall be known as the
Forensic Conditional Release Program.
   The department shall contact all county mental health programs by
January 1, 1986, to determine their interest in providing an
appropriate level of supervision and treatment of judicially
committed patients at reasonable cost. County mental health agencies
may agree or refuse to operate such a program.
   The State Department of Mental Health shall ensure consistent data
gathering and program standards for use statewide by the Forensic
Conditional Release Program.

1616.  The state shall contract with a research agency which shall
determine the prevalence of severe mental disorder among the state
prison inmates and parolees, including persons admitted to prison,
the resident population, and those discharged to parole. An
evaluation of the array of services shall be performed, including the
correctional, state hospital, and local inpatient programs;
residential-level care and partial day care within the institutions
as well as in the community; and the individual and group treatment
which may be provided within the correctional setting and in the
community upon release. The review shall include the
interrelationship between the security and clinical staff, as well as
the architectural design which aids meeting the treatment needs of
these mentally ill offenders while maintaining a secure setting.
Administration of these programs within the institutions and in the
community shall be reviewed by the contracting agency. The ability of
treatment programs to prevent reoffenses by inmates with severe
mental disorders shall also be addressed. The process for evaluating
inmates and parolees to determine their need for treatment and the
ability to differentiate those who will benefit from treatment and
those who will not shall be reviewed.
   The State Department of Mental Health, the Department of
Corrections, and the Department of Justice shall cooperate with the
research agency conducting this study.
   The research agency conducting this study shall consult with the
State Department of Mental Health, the Department of Corrections, the
Department of Justice, and the Forensic Mental Health Association of
California in the design of the study.

1617.  The State Department of Mental Health shall research the
demographic profiles and other related information pertaining to
persons receiving supervision and treatment in the Forensic
Conditional Release Program. An evaluation of the program shall
determine its effectiveness in successfully reintegrating these
persons into society after release from state institutions. This
evaluation of program effectiveness shall include, but not be limited
to, a determination of the rates of reoffense while these persons
are served by the program and after their discharge. This evaluation
shall also address the effectiveness of the various treatment
components of the program and their intensity.
   The State Department of Mental Health may contract with an
independent research agency to perform this research and evaluation
project. Any independent research agency conducting this research
shall consult with the Forensic Mental Health Association concerning
the development of the research and evaluation design.

1618.  The administrators and the supervision and treatment staff of
the Forensic Conditional Release Program shall not be held
criminally or civilly liable for any criminal acts committed by the
persons on parole or judicial commitment status who receive
supervision or treatment. This waiver of liability shall apply to
employees of the State Department of Mental Health, the Board of
Prison Terms, and the agencies or persons under contract to those
agencies, who provide screening, clinical evaluation, supervision, or
treatment to mentally ill parolees or persons under judicial
commitment or considered for placement under a hold by the Board of
Prison Terms.

1619.  The Department of Justice shall automate the criminal
histories of all persons treated in the Forensic Conditional Release
Program, as well as all persons committed as not guilty by reason of
insanity pursuant to Section 1026, incompetent to stand trial
pursuant to Section 1370 or 1370.2, any person currently under
commitment as a mentally disordered sex offender, and persons treated
pursuant to Section 1364 or 2684 or Article 4 (commencing with
Section 2960) of Chapter 7 of Title 1 of Part 3.

1620.  The Department of Justice shall provide mental health
agencies providing treatment to patients pursuant to Sections 1600 to
1610, inclusive, or pursuant to Article 4 (commencing with Section
2960) of Chapter 7 of Title 1 of Part 3, with access to criminal
histories of those mentally ill offenders who are receiving treatment
and supervision. Treatment and supervision staff who have access to
these criminal histories shall maintain the confidentiality of the
information and shall sign a statement to be developed by the
Department of Justice which informs them of this obligation.


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