Section 1609 Of Title 15. Outpatient Status For Mentally Disordered And Developmentally Disabled Offenders From California Penal Code >> Title 15. >> Part 2.
1609
. If at any time during the outpatient period or placement with
a local mental health program pursuant to subdivision (b) of Section
1026.2 the prosecutor is of the opinion that the person is a danger
to the health and safety of others while on that status, the
prosecutor may petition the court for a hearing to determine whether
the person shall be continued on that status. Upon receipt of the
petition, the court shall calendar the case for further proceedings
within 15 judicial days and the clerk shall notify the person, the
community program director, and the attorney of record for the person
of the hearing date. Upon failure of the person to appear as
noticed, if a proper affidavit of service and advisement has been
filed with the court, the court may issue a body attachment for such
person. If, after a hearing in court conducted using the same
standards used in conducting probation revocation hearings pursuant
to Section 1203.2, the judge determines that the person is a danger
to the health and safety of others, the court shall order that the
person be confined in a state hospital or other treatment facility
which has been approved by the community program director.