California statute
Cal. Penal Code § 1602
Current through 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12)
Part of Title 15: Outpatient Status for Mentally Disordered and Developmentally Disabled Offenders, California Penal Code.
Full text of Cal. Penal Code § 1602
Statutory text current through the 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12). This publication reproduces the official statutory text; it is not the official statutes of the State of California.
(a) Before any person subject to the provisions of subdivision (b) of Section 1601 may be placed on outpatient status, the court shall consider all of the following criteria: (1) In the case of a person who is an inpatient, whether the medical director or designee of the state hospital or other treatment facility to which the person has been committed advises the committing court, defense counsel, and the prosecutor that the defendant would no longer be a danger to the health and safety of others, or to themselves, while under supervision and treatment in the community, and would benefit from such outpatient status. (2) In all cases, whether the community program director or a designee, or the independent placement panel, advises the court that the defendant will not be a danger to the health and safety of others, or to themselves, while on outpatient status, will benefit from such status, and identifies an appropriate program of supervision and treatment. (b) Prior to determining whether to place the person on outpatient status, the court shall provide actual notice to the prosecutor and defense counsel, and to the victim, and shall hold a hearing at which the court may specifically order outpatient status for the person. (c) The community program director or a designee, or the independent placement panel, shall prepare and submit the evaluation and the treatment plan specified in paragraph (2) of subdivision (a) to the court within 15 calendar days after notification by the court to do so, except that in the case of a person who is an inpatient, the evaluation and treatment plan shall be submitted within 30 calendar days after notification by the court to do so. (d) Any evaluations and recommendations pursuant to paragraphs (1) and (2) of subdivision (a) shall include review and consideration of complete, available information regarding the circumstances of the criminal offense and the person’s prior criminal history.
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