(

a) When a person charged with and found incompetent on a charge of, convicted of, or found not guilty by reason of insanity of murder, mayhem, aggravated mayhem, a violation of

Section 207, 209, or 209.5 in which the victim suffers intentionally inflicted great bodily injury, robbery or carjacking with a deadly or dangerous weapon or in which the victim suffers great bodily injury, a violation of subdivision (

a) or (

b) of

Section 451, a violation of paragraph (2), (3), or (6) of subdivision (

a) of

Section 261, a violation of paragraph (1) or (4) of subdivision (

a) of former

Section 262, a violation of

Section in the first degree, a violation of

Section in which the victim suffers great bodily injury, a violation of

Section 288, a violation of

Section 18715, 18725, 18740, 18745, 18750, or 18755, or any felony involving death, great bodily injury, or

an act which poses a serious threat of bodily harm to another person, outpatient status under this title shall not be available until that person has actually been confined in a state hospital or other treatment facility for days or more after having been committed under the provisions of law specified in

Section 1600, unless the court finds a suitable placement, including, but not limited to, an outpatient placement program, that would provide the person with more appropriate mental health treatment and the court finds that the placement would not pose a danger to the health or safety of others, including, but not limited to, the safety of the victim and the victim’s family. (

b) When a person charged with, and found incompetent on a charge of, or convicted of, any misdemeanor or any felony other than those described in subdivision (a), or found not guilty of any misdemeanor by reason of insanity, outpatient status under this title may be granted by the court prior to actual confinement in a state hospital or other treatment facility under the provisions of law specified in

Section 1600.