Section 2970 Of Article 4. Disposition Of Mentally Disordered Prisoners Upon Discharge From California Penal Code >> Title 1. >> Part 3. >> Chapter 7. >> Article 4.
2970
. (a) Not later than 180 days prior to the termination of
parole, or release from prison if the prisoner refused to agree to
treatment as a condition of parole as required by Section 2962,
unless good cause is shown for the reduction of that 180-day period,
if the parolee's or prisoner's severe mental disorder is not in
remission or cannot be kept in remission without treatment, the
medical director of the state hospital that is treating the parolee,
or the community program director in charge of the parolee's
outpatient program, or the Secretary of the Department of Corrections
and Rehabilitation, shall submit to the district attorney of the
county in which the parolee is receiving outpatient treatment, or for
those in prison or in a state mental hospital, the district attorney
of the county of commitment to prison, his or her written evaluation
on remission. If requested by the district attorney, the written
evaluation shall be accompanied by supporting affidavits.
(b) The district attorney may then file a petition with the
superior court for continued involuntary treatment for one year. The
petition shall be accompanied by affidavits specifying that
treatment, while the prisoner was released from prison on parole, has
been continuously provided by the State Department of State
Hospitals either in a state hospital or in an outpatient program. The
petition shall also specify that the prisoner has a severe mental
disorder, that the severe mental disorder is not in remission or
cannot be kept in remission if the person's treatment is not
continued, and that, by reason of his or her severe mental disorder,
the prisoner represents a substantial danger of physical harm to
others.