Section 1370.6 Of Chapter 6. Inquiry Into The Competence Of The Defendant Before Trial Or After Conviction From California Penal Code >> Title 10. >> Part 2. >> Chapter 6.
1370.6
. (a) If a county jail treatment facility is selected by the
court pursuant to Section 1370, the department shall provide
restoration of competency treatment at the county jail treatment
facility and shall provide payment to the county jail treatment
facility for the reasonable costs of the bed during the restoration
of competency treatment as well as for the reasonable costs of any
necessary medical treatment not provided within the county jail
treatment facility, unless otherwise agreed to by the department and
the facility.
(1) If the county jail treatment facility is able to provide
restoration of competency services, upon approval by the department
and subject to funding appropriated in the annual Budget Act, the
county jail treatment facility may provide those services and the
State Department of State Hospitals may provide payment to the county
jail treatment facility for the reasonable costs of the bed during
the restoration of competency treatment as well as the reasonable
costs of providing restoration of competency services and for any
necessary medical treatment not provided within the county jail
treatment facility, unless otherwise agreed to by the department and
the facility.
(2) Transportation to a county jail treatment facility for
admission and from the facility upon the filing of a certificate of
restoration of competency, or for transfer of a person to another
county jail treatment facility or to a state hospital, shall be
provided by the committing county unless otherwise agreed to by the
department and the facility.
(3) In the event the State Department of State Hospitals and a
county jail treatment facility are determined to be comparatively at
fault for any claim, action, loss, or damage which results from their
respective obligations under such a contract, each shall indemnify
the other to the extent of its comparative fault.
(4) The six-month limitation in Section 1369.1 shall not apply to
individuals deemed incompetent to stand trial who are being treated
to restore competency within a county jail treatment facility
pursuant to this section.
(b) If the community-based residential system is selected by the
court pursuant to Section 1370, the State Department of State
Hospitals shall provide reimbursement to the community-based
residential treatment system for the cost of restoration of
competency treatment as negotiated with the State Department of State
Hospitals.
(c) The State Department of State Hospitals may provide payment to
either a county jail treatment facility or a community-based
residential treatment system directly through invoice, or through a
contract, at the discretion of the department in accordance with the
terms and conditions of the contract or agreement.