Cal. Code Regs. Tit. 9, § 4710 Date of Admission of Individuals Found Incompetent to Stand Trial
| Library | California Code of Regulations |
| Edition | 2023 |
| Currency | Current through Register 2023 Notice Reg. No. 52, December 29, 2023 |
| Citation | Cal. Code Regs. Tit. 9, § 4710 |
| Year | 2023 |
(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:
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(1) Bed availability at the facility under
consideration for the individual's placement;
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(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;
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(3) Whether the
facility under consideration for the individual's placement can presently
clinically accommodate the medical needs of the individual; or
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(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.
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