SECTIONS 6500-6513 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 6500-6513

6500. On and after July 1, 1971, no mentally retarded person may be
committed to the State Department of Developmental Services pursuant
to this article, unless he or she is a danger to himself or herself,
or others. For the purposes of this article, dangerousness to self
or others shall be considered to include, but not be limited to, a
finding of incompetence to stand trial pursuant to the provisions of
Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the
Penal Code when the defendant has been charged with murder, mayhem,
aggravated mayhem, a violation of Section 207, 209, or 209.5 of the
Penal Code in which the victim suffers intentionally inflicted great
bodily injury, robbery perpetrated by torture or by a person armed
with a dangerous or deadly weapon or in which the victim suffers
great bodily injury, carjacking perpetrated by torture or by a person
armed with a dangerous or deadly weapon or in which the victim
suffers great bodily injury, a violation of subdivision (b) of
Section 451 of the Penal Code, a violation of paragraph (1) or (2) of
subdivision (a) of Section 262 or paragraph (2) or (3) of
subdivision (a) of Section 261 of the Penal Code, a violation of
Section 288 of the Penal Code, any of the following acts when
committed by force, violence, duress, menace, fear of immediate and
unlawful bodily injury on the victim or another person: a violation
of paragraph (1) or (2) of subdivision (a) of Section 262 of the
Penal Code, a violation of Section 264.1, 286, or 288a of the Penal
Code, or a violation of subdivision (a) of Section 289 of the Penal
Code; a violation of Section 459 of the Penal Code in the first
degree, assault with intent to commit murder, a violation of Section
220 of the Penal Code in which the victim suffers great bodily
injury, a violation of Section 12303.1, 12303.3, 12308, 12309, or
12310 of the Penal Code, or if the defendant has been charged with a
felony involving death, great bodily injury, or an act which poses a
serious threat of bodily harm to another person.
If the mentally retarded person is in the care or treatment of a
state hospital, developmental center, or other facility at the time a
petition for commitment is filed pursuant to this article, proof of
a recent overt act while in the care and treatment of a state
hospital, developmental center, or other facility is not required in
order to find that the person is a danger to self or others.
Any order of commitment made pursuant to this article shall expire
automatically one year after the order of commitment is made. This
section shall not be construed to prohibit any party enumerated in
Section 6502 from filing subsequent petitions for additional periods
of commitment. In the event subsequent petitions are filed, the
procedures followed shall be the same as with an initial petition for
commitment.
In any proceedings conducted under the authority of this article,
the alleged mentally retarded person shall be informed of his or her
right to counsel by the court, and if the person does not have an
attorney for the proceedings, the court shall immediately appoint the
public defender or other attorney to represent him or her. The
person shall pay the cost for the legal services if he or she is able
to do so. At any judicial proceeding under the provisions of this
article, allegations that a person is mentally retarded and a danger
to himself or herself or to others shall be presented by the district
attorney for the county unless the board of supervisors, by
ordinance or resolution, delegates this authority to the county
counsel.

6500. On and after July 1, 1971, no mentally retarded person may be
committed to the State Department of Developmental Services pursuant
to this article, unless he or she is a danger to himself or herself,
or others. For the purposes of this article, dangerousness to self
or others shall be considered to include, but not be limited to, a
finding of incompetence to stand trial pursuant to the provisions of
Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the
Penal Code when the defendant has been charged with murder, mayhem,
aggravated mayhem, a violation of Section 207, 209, or 209.5 of the
Penal Code in which the victim suffers intentionally inflicted great
bodily injury, robbery perpetrated by torture or by a person armed
with a dangerous or deadly weapon or in which the victim suffers
great bodily injury, carjacking perpetrated by torture or by a person
armed with a dangerous or deadly weapon or in which the victim
suffers great bodily injury, a violation of subdivision (b) of
Section 451 of the Penal Code, a violation of paragraph (1) or (2) of
subdivision (a) of Section 262 or paragraph (2) or (3) of
subdivision (a) of Section 261 of the Penal Code, a violation of
Section 288 of the Penal Code, any of the following acts when
committed by force, violence, duress, menace, fear of immediate and
unlawful bodily injury on the victim or another person: a violation
of paragraph (1) or (2) of subdivision (a) of Section 262 of the
Penal Code, a violation of Section 264.1, 286, or 288a of the Penal
Code, or a violation of subdivision (a) of Section 289 of the Penal
Code; a violation of Section 459 of the Penal Code in the first
degree, assault with intent to commit murder, a violation of Section
220 of the Penal Code in which the victim suffers great bodily
injury, a violation of Section 18725, 18740, 18745, 18750, or 18755
of the Penal Code, or if the defendant has been charged with a felony
involving death, great bodily injury, or an act which poses a
serious threat of bodily harm to another person.
If the mentally retarded person is in the care or treatment of a
state hospital, developmental center, or other facility at the time a
petition for commitment is filed pursuant to this article, proof of
a recent overt act while in the care and treatment of a state
hospital, developmental center, or other facility is not required in
order to find that the person is a danger to self or others.
Any order of commitment made pursuant to this article shall expire
automatically one year after the order of commitment is made. This
section shall not be construed to prohibit any party enumerated in
Section 6502 from filing subsequent petitions for additional periods
of commitment. In the event subsequent petitions are filed, the
procedures followed shall be the same as with an initial petition for
commitment.
In any proceedings conducted under the authority of this article,
the alleged mentally retarded person shall be informed of his or her
right to counsel by the court, and if the person does not have an
attorney for the proceedings, the court shall immediately appoint the
public defender or other attorney to represent him or her. The
person shall pay the cost for the legal services if he or she is able
to do so. At any judicial proceeding under the provisions of this
article, allegations that a person is mentally retarded and a danger
to himself or herself or to others shall be presented by the district
attorney for the county unless the board of supervisors, by
ordinance or resolution, delegates this authority to the county
counsel.

6501. If a person is charged with a violent felony, as described in
Section 667.5 of the Penal Code, and the individual has been
committed to the State Department of Developmental Services pursuant
to Section 1370.1 of the Penal Code or Section 6500 for placement in
a secure treatment facility, as described in subdivision (e) of
Section 1370.1 of the Penal Code, the department shall give priority
to placing the individual at Porterville Developmental Center prior
to placing the individual at any other developmental center that has
been designated as a secure treatment facility.

6502. A petition for the commitment of a mentally retarded person
to the State Department of Developmental Services who has been found
incompetent to stand trial pursuant to Chapter 6 (commencing with
Section 1367) of Title 10 of Part 2 of the Penal Code when the
defendant has been charged with one or more of the offenses
identified or described in Section 6500, may be filed in the superior
court of the county that determined the question of mental
competence of the defendant. All other petitions may be filed in the
county in which that person is physically present. The following
persons may request the person authorized to present allegations
pursuant to Section 6500 to file a petition for commitment:
(a) The parent, guardian, conservator, or other person charged
with the support of the mentally retarded person.
(b) The probation officer.
(c) The Youth Authority.
(d) Any person designated for that purpose by the judge of the
court.
(e) The Director of Corrections.
(f) The regional center director or his or her designee.
The request shall state the petitioner's reasons for supposing the
person to be eligible for admission thereto, and shall be verified
by affidavit.

6503. The court shall fix a time and place for the hearing of the
petition. The time for the hearing shall be set no more than 60 days
after the filing of the petition. The court may grant a continuance
only upon a showing of good cause. The hearing may, in the discretion
of the court, be held at any place which the court deems proper, and
which will give opportunity for the production and examination of
witnesses.

6504. In all cases the court shall require due notice of the
hearing of the petition to be given to the alleged mentally retarded
person. Whenever a petition is filed, the court shall require such
notice of the hearing of the petition as it deems proper to be given
to any parent, guardian, conservator, or other person charged with
the support of the person mentioned in the petition.

6504.5. Wherever a petition is filed pursuant to this article, the
court shall appoint the director of a regional center for the
developmentally disabled established under Division 4.5 of this code,
or the designee of the director, to examine the alleged mentally
retarded person.
Within 15 judicial days after his or her appointment, the regional
center director or designee shall submit to the court in writing a
report containing his or her evaluation of the alleged mentally
retarded person. The report shall contain a recommendation of a
facility or facilities in which the alleged developmentally disabled
person may be placed.
The report shall include a description of the least restrictive
residential placement necessary to achieve the purposes of treatment.
In determining the least restrictive residential placement,
consideration shall be given to public safety. If placement into or
out of a developmental center is recommended, the regional center
director or designee simultaneously shall submit the report to the
executive director of the developmental center or his or her
designee. The executive director of the developmental center or his
or her designee may, within 15 days of receiving the regional center
report, submit to the court a written report evaluating the ability
of the developmental center to achieve the purposes of treatment for
this person and whether the developmental center placement can
adequately provide the security measures or systems required to
protect the public health and safety from the potential dangers posed
by the person's known behaviors.
The reports prepared by the regional center director and
developmental center director, if applicable, shall also address
suitable interim placements for the person as provided for in Section
6506.

6505. Whenever the court considers it necessary or advisable, it
may cause an order to issue for the apprehension and delivery to the
court of the alleged mentally retarded person, and may have the order
executed by any peace officer.

6506. Pending the hearing, the court may order that the alleged
dangerous mentally retarded person may be left in the charge of his
or her parent, guardian, conservator, or other suitable person, or
placed in a state hospital for the developmentally disabled, in the
county psychiatric hospital, or in any other suitable placement as
determined by the court. Prior to the issuance of an order under this
section, the regional center and developmental center, if
applicable, shall recommend to the court a suitable person or
facility to care for the alleged mentally retarded person. The
determination of a suitable person or facility shall be the least
restrictive option that provides for the person's treatment needs and
that has existing security systems or measures in place to
adequately protect the public safety from any known dangers posed by
the person. In determining whether the public safety will be
adequately protected, the court shall make the finding required by
subparagraph (D) of paragraph (1) of subdivision (a) of Section
1370.1 of the Penal Code.
Pending the hearing, the court may order that the person receive
necessary habilitation, care, and treatment, including medical and
dental treatment.
Orders made pursuant to this section shall expire at the time set
for the hearing pursuant to Section 6503. If the court upon a showing
of good cause grants a continuance of the hearing on the matter, it
shall order that the person be detained pursuant to this section
until the hearing on the petition is held.

6507. The court shall inquire into the condition or status of the
alleged mentally retarded person. For this purpose it may by subpoena
require the attendance before it of a physician who has made a
special study of mental retardation and is qualified as a medical
examiner, and of a clinical psychologist, or of two such physicians,
or of two such psychologists, to examine the person and testify
concerning his mentality. The court may also by subpoena require the
attendance of such other persons as it deems advisable, to give
evidence.

6508. Each psychologist and physician shall receive for each
attendance mentioned in Section 6507 the sum of five dollars ($5) for
each person examined, together with his necessary actual expenses
occasioned thereby, and other witnesses shall receive for such
attendance such fees and expenses as the court in its discretion
allows, if any, not exceeding the fees and expenses allowed by law in
other cases in the superior court.
Any fees or traveling expenses payable to a psychologist,
physician, or witness as provided in this section and all expenses
connected with the execution of any process under the provisions of
this article, which are not paid by the parent, guardian,
conservator, or person charged with the support of the supposed
mentally retarded person, shall be paid by the county treasurer of
the county in which the person resides, upon the presentation to the
treasurer of a certificate of the judge that the claimant is entitled
thereto.

6509. (a) If the court finds that the person is mentally retarded,
and that he or she is a danger to himself, herself, or to others, the
court may make an order that the person be committed to the State
Department of Developmental Services for suitable treatment and
habilitation services. Suitable treatment and habilitation services
is defined as the least restrictive residential placement necessary
to achieve the purposes of treatment. Care and treatment of a person
committed to the State Department of Developmental Services may
include placement in any state hospital, developmental center, any
licensed community care facility, as defined in Section 1504, or any
health facility, as defined in Section 1250, or any other appropriate
placement permitted by law. The court shall hold a hearing as to the
available placement alternatives and consider the reports of the
regional center director or designee and the developmental center
director or designee submitted pursuant to Section 6504.5. After
hearing all the evidence, the court shall order that the person be
committed to that placement that the court finds to be the most
appropriate alternative. If the court finds that release of the
person can be made subject to conditions that the court deems proper
and adequate for the protection and safety of others and the welfare
of the person, the person shall be released subject to those
conditions.
The court, however, may commit a mentally retarded person who is
not a resident of this state under Section 4460 for the purpose of
transportation of the person to the state of his or her legal
residence pursuant to Section 4461. The State Department of
Developmental Services shall receive the person committed to it and
shall place the person in the placement ordered by the court.
(b) If the person has at any time been found mentally incompetent
pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of
Part 2 of the Penal Code arising out of a complaint charging a felony
offense specified in Section 290 of the Penal Code, the court shall
order the State Department of Developmental Services to give notice
of that finding to the designated placement facility and the
appropriate law enforcement agency or agencies having local
jurisdiction at the site of the placement facility.
(c) If the Department of Developmental Services decides that a
change in placement is necessary, it shall notify in writing the
court of commitment, the district attorney, and the attorney of
record for the person and the regional center of its decision at
least 15 days in advance of the proposed change in placement. The
court may hold a hearing and (1) approve or disapprove of the change,
or (2) take no action in which case the change shall be deemed
approved. At the request of the district attorney or of the attorney
for the person, a hearing shall be held.

6510. In case of the dismissal of the petition, the court may, if
it considers the petition to have been filed with malicious intent,
order the petitioner to pay the expenses in connection therewith, and
may enforce such payment by such further orders as it deems
necessary.

6511. Any person who knowingly contrives to have any person
adjudged mentally retarded under the provisions of this article,
unlawfully or improperly, is guilty of a misdemeanor.

6512. If, when a boy or girl is brought before a juvenile court
under the juvenile court law, it appears to the court, either before
or after adjudication, that the person is mentally retarded, or if,
on the conviction of any person of crime by any court it appears to
the court that the person is mentally retarded, the court may adjourn
the proceedings or suspend the sentence, as the case may be, and
direct some suitable person to take proceedings under this article
against the person before the court, and the court may order that,
pending the preparation, filing, and hearing of the petition, the
person before the court be detained in a place of safety, or be
placed under the guardianship of some suitable person, on his
entering into a recognizance for the appearance of the person upon
trial or under conviction when required. If, upon the hearing of the
petition, or upon a subsequent hearing, the person upon trial or
under conviction is not found to be mentally retarded, the court may
proceed with the trial or impose sentence, as the case may be.

6513. (a) The State Department of Developmental Services shall pay
for the costs, as defined in this section, of judicial proceedings,
including commitment, placement, or release, under this article under
both of the following conditions:
(1) The judicial proceedings are in a county within which a state
hospital or developmental center maintains a treatment program for
mentally retarded persons who are a danger to themselves or others.
(2) The judicial proceedings relate to a mentally retarded person
who is at the time residing in the state hospital or developmental
center located in the county of the proceedings.
(b) The appropriate financial officer or other designated official
in a county described in subdivision (a) may prepare a statement of
all costs incurred by the county in the investigation, preparation
for, and conduct of the proceeding, including any costs of the
district attorney or county counsel and any public defender or
court-appointed counsel representing the person, and including any
costs incurred by the county for the guarding or keeping of the
person while away from the state hospital and for transportation of
the person to and from the hospital. The statement shall be certified
to by a judge of the superior court and shall be sent to the State
Department of Developmental Services. In lieu of sending statements
after each proceeding, the statements may be held and submitted
quarterly for the preceding three-month period.