Section 1604 Of Title 15. Outpatient Status For Mentally Disordered And Developmentally Disabled Offenders From California Penal Code >> Title 15. >> Part 2.
1604
. (a) Upon receipt by the committing court of the
recommendation of the director of the state hospital or other
treatment facility to which the person has been committed that the
person may be eligible for outpatient status as set forth in
subdivision (a)(1) of Section 1602 or 1603, the court shall
immediately forward such recommendation to the community program
director, prosecutor, and defense counsel. The court shall provide
copies of the arrest reports and the state summary criminal history
information to the community program director.
(b) Within 30 calendar days the community program director or a
designee shall submit to the court and, when appropriate, to the
director of the state hospital or other treatment facility, a
recommendation regarding the defendant's eligibility for outpatient
status, as set forth in subdivision (a)(2) of Section 1602 or 1603
and the recommended plan for outpatient supervision and treatment.
The plan shall set forth specific terms and conditions to be followed
during outpatient status. The court shall provide copies of this
report to the prosecutor and the defense counsel.
(c) The court shall calendar the matter for hearing within 15
judicial days of the receipt of the community program director's
report and shall give notice of the hearing date to the prosecutor,
defense counsel, the community program director, and, when
appropriate, to the director of the state hospital or other facility.
In any hearing conducted pursuant to this section, the court shall
consider the circumstances and nature of the criminal offense leading
to commitment and shall consider the person's prior criminal
history.
(d) The court shall, after a hearing in court, either approve or
disapprove the recommendation for outpatient status. If the approval
of the court is given, the defendant shall be placed on outpatient
status subject to the terms and conditions specified in the
supervision and treatment plan. If the outpatient treatment occurs in
a county other than the county of commitment, the court shall
transmit a copy of the case record to the superior court in the
county where outpatient treatment occurs, so that the record will be
available if revocation proceedings are initiated pursuant to Section
1608 or 1609.