4011.6
. In any case in which it appears to the person in charge of
a county jail, city jail, or juvenile detention facility, or to any
judge of a court in the county in which the jail or juvenile
detention facility is located, that a person in custody in that jail
or juvenile detention facility may be mentally disordered, he or she
may cause the prisoner to be taken to a facility for 72-hour
treatment and evaluation pursuant to Section 5150 of the Welfare and
Institutions Code and he or she shall inform the facility in writing,
which shall be confidential, of the reasons that the person is being
taken to the facility. The local mental health director or his or
her designee may examine the prisoner prior to transfer to a facility
for treatment and evaluation. Upon transfer to a facility, Article 1
(commencing with Section 5150), Article 4 (commencing with Section
5250), Article 4.5 (commencing with Section 5260), Article 5
(commencing with Section 5275), Article 6 (commencing with Section
5300), and Article 7 (commencing with Section 5325) of Chapter 2 and
Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of
the Welfare and Institutions Code shall apply to the prisoner.
Where the court causes the prisoner to be transferred to a 72-hour
facility, the court shall forthwith notify the local mental health
director or his or her designee, the prosecuting attorney, and
counsel for the prisoner in the criminal or juvenile proceedings
about that transfer. Where the person in charge of the jail or
juvenile detention facility causes the transfer of the prisoner to a
72-hour facility the person shall immediately notify the local mental
health director or his or her designee and each court within the
county where the prisoner has a pending proceeding about the
transfer. Upon notification by the person in charge of the jail or
juvenile detention facility the court shall forthwith notify counsel
for the prisoner and the prosecuting attorney in the criminal or
juvenile proceedings about that transfer.
If a prisoner is detained in, or remanded to, a facility pursuant
to those articles of the Welfare and Institutions Code, the facility
shall transmit a report, which shall be confidential, to the person
in charge of the jail or juvenile detention facility or judge of the
court who caused the prisoner to be taken to the facility and to the
local mental health director or his or her designee, concerning the
condition of the prisoner. A new report shall be transmitted at the
end of each period of confinement provided for in those articles,
upon conversion to voluntary status, and upon filing of temporary
letters of conservatorship.
A prisoner who has been transferred to an inpatient facility
pursuant to this section may convert to voluntary inpatient status
without obtaining the consent of the court, the person in charge of
the jail or juvenile detention facilty, or the local mental health
director. At the beginning of that conversion to voluntary status,
the person in charge of the facility shall transmit a report to the
person in charge of the jail or juvenile detention facility or judge
of the court who caused the prisoner to be taken to the facility,
counsel for the prisoner, prosecuting attorney, and local mental
health director or his or her designee.
If the prisoner is detained in, or remanded to, a facility
pursuant to those articles of the Welfare and Institutions Code, the
time passed in the facility shall count as part of the prisoner's
sentence. When the prisoner is detained in, or remanded to, the
facility, the person in charge of the jail or juvenile detention
facility shall advise the professional person in charge of the
facility of the expiration date of the prisoner's sentence. If the
prisoner is to be released from the facility before the expiration
date, the professional person in charge shall notify the local mental
health director or his or her designee, counsel for the prisoner,
the prosecuting attorney, and the person in charge of the jail or
juvenile detention facility, who shall send for, take, and receive
the prisoner back into the jail or juvenile detention facility.
A defendant, either charged with or convicted of a criminal
offense, or a minor alleged to be within the jurisdiction of the
juvenile court, may be concurrently subject to the
Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of
Division 5 of the Welfare and Institutions Code).
If a prisoner is detained in a facility pursuant to those articles
of the Welfare and Institutions Code and if the person in charge of
the facility determines that arraignment or trial would be
detrimental to the well-being of the prisoner, the time spent in the
facility shall not be computed in any statutory time requirements for
arraignment or trial in any pending criminal or juvenile
proceedings. Otherwise, this section shall not affect any statutory
time requirements for arraignment or trial in any pending criminal or
juvenile proceedings.
For purposes of this section, the term "juvenile detention
facility" includes any state, county, or private home or institution
in which wards or dependent children of the juvenile court or persons
awaiting a hearing before the juvenile court are detained.