2009 California Penal Code - Section 2684-2685 :: Article 3. Disposition Of Insane Prisoners

PENAL CODE
SECTION 2684-2685

2684.  (a) If, in the opinion of the Director of Corrections, the
rehabilitation of any mentally ill, mentally deficient, or insane
person confined in a state prison may be expedited by treatment at
any one of the state hospitals under the jurisdiction of the State
Department of Mental Health or the State Department of Developmental
Services, the Director of Corrections, with the approval of the Board
of Prison Terms for persons sentenced pursuant to subdivision (b) of
Section 1168, shall certify that fact to the director of the
appropriate department who shall evaluate the prisoner to determine
if he or she would benefit from care and treatment in a state
hospital. If the director of the appropriate department so
determines, the superintendent of the hospital shall receive the
prisoner and keep him or her until in the opinion of the
superintendent the person has been treated to the extent that he or
she will not benefit from further care and treatment in the state
hospital.
   (b) Whenever the Director of Corrections receives a recommendation
from the court that a defendant convicted of a violation of Section
646.9 and sentenced to confinement in the state prison would benefit
from treatment in a state hospital pursuant to subdivision (a), the
director shall consider the recommendation. If appropriate, the
director shall certify that the rehabilitation of the defendant may
be expedited by treatment in a state hospital and subdivision (a)
shall apply.

2685.  Upon the receipt of a prisoner, as herein provided, the
superintendent of the state hospital shall notify the Director of
Corrections of that fact, giving his name, the date, the prison from
which he was received, and from whose hands he was received. When in
the opinion of the superintendent the mentally ill, mentally
deficient or insane prisoner has been treated to such an extent that
such person will not benefit by further care and treatment in the
state hospital, the superintendent shall immediately notify the
Director of Corrections of that fact. The Director of Corrections
shall immediately send for, take and receive the prisoner back into
prison. The time passed at the state hospital shall count as part of
the prisoner's sentence.


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