2019 California Code
Government Code - GOV
TITLE 1 - GENERAL
DIVISION 3.6 - CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES
PART 2 - LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES
CHAPTER 5 - Medical, Hospital and Public Health Activities
Section 856.
(a) Neither a public entity nor a public employee acting within the scope of his employment is liable for any injury resulting from determining in accordance with any applicable enactment:
(1) Whether to confine a person for mental illness or addiction.
(2) The terms and conditions of confinement for mental illness or addiction.
(3) Whether to parole, grant a leave of absence to, or release a person confined for mental illness or addiction.
(b) A public employee is not liable for carrying out with due care a determination described in subdivision (a).
(c) Nothing in this section exonerates a public employee from liability for injury proximately caused by his negligent or wrongful act or omission in carrying out or failing to carry out:
(1) A determination to confine or not to confine a person for mental illness or addiction.
(2) The terms or conditions of confinement of a person for mental illness or addiction.
(3) A determination to parole, grant a leave of absence to, or release a person confined for mental illness or addiction.
(Amended by Stats. 1970, Ch. 1099.)
