Postcertification Procedures for Imminently Dangerous Persons
Cal. WIC § 5308
California Statutes
Upon the filing of a request for revocation of outpatient status under
Section 5306.5 or and pending the court’s decision on revocation, the person subject to revocation may be confined in a state hospital or other treatment facility by the county behavioral health director when it is the opinion of that director that the person will now be a danger to self or to another while on outpatient status and that to delay hospitalization until the revocation hearing would pose a demonstrated danger of harm to the person or to another.
Upon the request of the county behavioral health director or a designee, a peace officer shall take, or cause to be taken, the person into custody and transport the person to a treatment facility for hospitalization under this section. The county behavioral health director shall notify the court in writing of the admission of the person to inpatient status and of the factual basis for the opinion that immediate return to inpatient treatment was necessary. The court shall supply a copy of these documents to the public officer, pursuant to
Section 5114, and counsel of the person subject to revocation. A person hospitalized under this
section shall have the right to judicial review of the detention in the manner prescribed in
Article 5 (commencing with
Section 5275) of
Chapter and to an explanation of rights in the manner prescribed in
Section 5252.1. Nothing in this
section shall prevent hospitalization pursuant to the provisions of