Section 2684 Of Article 3. Disposition Of Insane Prisoners From California Penal Code >> Title 1. >> Part 3. >> Chapter 4. >> Article 3.
2684
. (a) If, in the opinion of the Secretary of the Department of
Corrections and Rehabilitation, the rehabilitation of any mentally
ill, mentally deficient, or insane person confined in a state prison
may be expedited by treatment at any one of the state hospitals under
the jurisdiction of the State Department of State Hospitals or the
State Department of Developmental Services, the Secretary of the
Department of Corrections and Rehabilitation, with the approval of
the Board of Parole Hearings for persons sentenced pursuant to
subdivision (b) of Section 1168, shall certify that fact to the
director of the appropriate department who shall evaluate the
prisoner to determine if he or she would benefit from care and
treatment in a state hospital. If the director of the appropriate
department so determines, the superintendent of the hospital shall
receive the prisoner and keep him or her until in the opinion of the
superintendent the person has been treated to the extent that he or
she will not benefit from further care and treatment in the state
hospital.
(b) Whenever the Secretary of the Department of Corrections and
Rehabilitation receives a recommendation from the court that a
defendant convicted of a violation of Section 646.9 and sentenced to
confinement in the state prison would benefit from treatment in a
state hospital pursuant to subdivision (a), the secretary shall
consider the recommendation. If appropriate, the secretary shall
certify that the rehabilitation of the defendant may be expedited by
treatment in a state hospital and subdivision (a) shall apply.