Section 11105.1 Of Article 3. Criminal Identification And Statistics From California Penal Code >> Title 1. >> Part 4. >> Chapter 1. >> Article 3.
11105.1
. (a) The following persons shall be furnished with state
summary criminal history information when needed in the course of
their duties:
(1) The director of a state hospital or other treatment facility
to which a person is committed for treatment under Sections 1026 and
1370 of the Penal Code, or Section 5250, if committed for being
dangerous to others, or Section 5300, or former Section 6316 or 6321,
of the Welfare and Institutions Code.
(2) The community program director or the director's designee
under any of the following conditions:
(A) When ordered to evaluate a defendant for the court under
paragraph (2) of subdivision (a) of Section 1370 and subdivision (b)
of Section 1026 of the Penal Code, or paragraph (2) of subdivision
(a) of former Section 6316 of the Welfare and Institutions Code.
(B) When ordered to provide outpatient treatment and supervision
services under Title 15 (commencing with Section 1600) of Part 2 of
the Penal Code.
(C) When a patient is committed for being dangerous to others
under Section 5250 of the Welfare and Institutions Code.
(D) When the director or the director's designee provides
evaluation, supervision, or treatment for a person under Section 2964
or 2972.
(3) The officer providing conservatorship investigation under
Section 5354 of the Welfare and Institutions Code in cases where
referral for conservatorship is made while the proposed conservatee
is being treated under Section 1026 or 1370 of the Penal Code or
Section 5250, if committed for being dangerous to others, or Section
5300, or former Section 6316 or 6321, of the Welfare and Institutions
Code.
(b) In all instances pursuant to subdivision (a), the criminal
history record shall be transmitted by the court with the request for
evaluation or during the conservatorship investigation or with the
order committing the person to a treatment facility or approving
outpatient status, except that the director of a state hospital, the
county mental health director, and the officer providing
conservatorship investigation may receive the state summary criminal
history information from the law enforcement agency that referred the
person for evaluation and treatment under Section 5150 of the
Welfare and Institutions Code if the person has been subsequently
committed for being dangerous to others under Section 5250 of the
Welfare and Institutions Code. Information obtained under this
subdivision shall not be included in any document which will become
part of a public record.