Section 4011.8 Of Chapter 1. County Jails From California Penal Code >> Title 4. >> Part 3. >> Chapter 1.
4011.8
. A person in custody who has been charged with or convicted
of a criminal offense may make voluntary application for inpatient or
outpatient mental health services in accordance with Section 5003 of
the Welfare and Institutions Code. If such services require absence
from the jail premises, consent from the person in charge of the jail
or from any judge of a court in the county in which the jail is
located, and from the director of the county mental health program in
which services are to be rendered, shall be obtained. The local
mental health director or his designee may examine the prisoner prior
to the transfer from the jail.
Where the court approves voluntary treatment for a jail inmate for
whom criminal proceedings are pending, the court shall forthwith
notify counsel for the prisoner and the prosecuting attorney about
such approval. Where the person in charge of the jail approves
voluntary treatment for a prisoner for whom criminal proceedings are
pending, the person in charge of the jail shall immediately notify
each court within the county where the prisoner has a pending
proceeding about such approval; upon notification by the jailer the
court shall forthwith notify the prosecuting attorney and counsel for
the prisoner in the criminal proceedings about such transfer.
If the prisoner voluntarily obtains treatment in a facility or is
placed on outpatient treatment pursuant to Section 5003 of the
Welfare and Institutions Code, the time passed therein shall count as
part of the prisoner's sentence. When the prisoner is permitted
absence from the jail for voluntary treatment, the person in charge
of the jail 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 such expiration
date, the professional person in charge shall notify the local mental
health director or his designee, counsel for the prisoner, the
prosecuting attorney, and the person in charge of the jail, who shall
send for, take, and receive the prisoner back into the jail.
A denial of an application for voluntary mental health services
shall be reviewable only by mandamus.