Cal. Code Regs. Tit. 9, § 4710 - Date of Admission of Individuals Found Incompetent to Stand Trial

(a) In scheduling the admission of individuals judicially committed to the Department of State Hospitals as Incompetent to Stand Trial, the Department shall admit each individual to a state hospital according to the date the court committed the individual to the Department. Actual date of admission may change upon consideration of any of the following factors:

(1) Bed availability at the facility under consideration for the individual's placement;

(2) Whether the individual exhibits psychiatric acuity which may indicate the need for admission to a facility, notwithstanding the date the court committed the individual to the Department;

(3) Whether the facility under consideration for the individual's placement can presently clinically accommodate the medical needs of the individual; or

(4) The ability of the committing county to reasonably timely transport the individual to the facility under consideration for the individual's placement.

(b) If an individual found Incompetent to Stand Trial is judicially committed to the Department of State Hospitals and placed in a jail-based competency program and that program determines that it cannot appropriately treat the individual, the individual shall be admitted to a state hospital according to the date the court committed the individual to the Department.

(c) In cases wherein an individual has been treated by the Department of State Hospitals, found competent, and returned to the committing county, and wherein the individual's competency is challenged by any party and the court subsequently commits the individual to the Department of State Hospitals as Incompetent to Stand Trial, the Department shall admit the individual according to the most recent date the court committed the individual to the Department.

Notes

Cal. Code Regs. Tit. 9, § 4710

1. New section filed 11-22-2017; operative 11-22-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 47). For prior history, see Register 2017, No. 42.

Note: Authority cited: Sections 4005.1 and 4027, Welfare and Institutions Code. Reference: Sections 1370, 1370.01 and 1372, Penal Code; Sections 7228 and 7230, Welfare and Institutions Code; People v. Rells (2000) 22 Cal.4th 860; and People v. Mixon (1990) 225 Cal.App.3d 1471.

1. New section filed 11-22-2017; operative 11/22/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 47). For prior history, see Register 2017, No. 42.