Persons with Intellectual Disabilities
Cal. WIC § 6500
California Statutes
(
a) For purposes of this article, the following
definitions shall apply: (1) “Dangerousness to self or others” shall include, but not be limited to, a finding of incompetence to stand trial pursuant to the provisions of
Chapter 6 (commencing with
Section 1367) of Title of Part of the Penal Code when the defendant has been charged with murder, mayhem, aggravated mayhem, a violation of
Section 207, 209, or 209.5 of the Penal Code in which the victim suffers intentionally inflicted great bodily injury, robbery perpetrated by torture or by a person armed with a dangerous or deadly weapon or in which the victim suffers great bodily injury, carjacking perpetrated by torture or by a person armed with a dangerous or deadly weapon or in which the victim suffers great bodily injury, a violation of subdivision (
b) of
Section of the Penal Code, a violation of paragraph (1) or (2) of subdivision (
a) of former
Section or paragraph (2) or (3) of subdivision (
a) of
Section of the Penal Code, a violation of
Section of the Penal Code, any of the following acts when committed by force, violence, duress, menace, fear of immediate and unlawful bodily injury on the victim or another person: a violation of paragraph (1) or (2) of subdivision (
a) of former
Section of the Penal Code, a violation of
Section 264.1, 286, or of, or former
Section 288a of, the Penal Code, or a violation of subdivision (
a) of
Section of the Penal Code; a violation of
Section of the Penal Code in the first degree, assault with intent to commit murder, a violation of
Section of the Penal Code in which the victim suffers great bodily injury, a violation of
Section 18725, 18740, 18745, 18750, or of the Penal Code, or if the defendant has been charged with a felony involving death, great bodily injury, or
an act that poses a serious threat of bodily harm to another person. (2) “Developmental disability” shall have the same meaning as defined in subdivision (
a) of
Section 4512. (b)
(1) A person with a developmental disability may be committed to the State Department of Developmental Services for residential placement other than in a developmental center or state-operated community facility, as provided in subdivision (
a) of
Section 6509, if the person is found to be a danger to self or others. (
A) An order of commitment made pursuant to this paragraph shall expire automatically one year after the order of commitment is made. (
B) This paragraph does not prohibit any party enumerated in
Section from filing subsequent petitions for additional periods of commitment. If subsequent petitions are filed, the procedures followed shall be the same as with the initial petition for commitment.
(2) A person with a developmental disability shall not be committed to the State Department of Developmental Services for placement in a developmental center or state-operated community facility pursuant to this
article unless the person meets the criteria for admission to a developmental center or state-operated community facility pursuant to paragraph (2), (3), (4), (5), or (7) of subdivision (
a) of
Section and is dangerous to self or others, or as a result of an acute crisis, or the person currently is a resident of a state developmental center or state-operated community facility pursuant to an order of commitment made pursuant to this
article prior to July 1, 2012, and is being recommitted pursuant to paragraph (4) of this subdivision.
(3) If the person with a developmental disability is in the care or treatment of a state hospital, developmental center, or other facility at the time a petition for commitment is filed pursuant to this article, proof of a recent overt act while in the care and treatment of a state hospital, developmental center, or other facility is not required in order to find that the person is a danger to self or others.
(4) If subsequent petitions are filed with respect to a resident of a developmental center or a state-operated community facility committed prior to July 1, 2012, the procedures followed and criteria for recommitment shall be the same as with the initial petition for commitment.
(5) In any proceedings conducted under the authority of this article, the person alleged to have a developmental disability shall be informed of their right to counsel by the court and, if the person does not have an attorney for the proceedings, the court shall immediately appoint the public defender or other attorney to represent them. The person shall pay the cost for the legal services if the person is able to do so.
At any judicial proceeding under this article, allegations that a person has a developmental disability and is dangerous to self or others, or as a result of an acute crisis, shall be presented by the district attorney for the county unless the board of supervisors, by ordinance or resolution, delegates this authority to the county counsel. The regional center shall inform the clients’ rights advocate, as described in
Section 4433, when a petition is filed under this
section and when a petition expires. The clients’ rights advocate for the regional center may attend any judicial proceedings to assist in protecting the individual’s rights. (c)
(1) An order of commitment made pursuant to this
article with respect to a person described in paragraph (3) of subdivision (
a) of
Section shall expire automatically one year after the order of commitment is made. This
section does not prohibit a party enumerated in
Section from filing subsequent petitions for additional periods of commitment. If subsequent petitions are filed, the procedures followed shall be the same as with an initial petition for commitment.
(2) An order of commitment made pursuant to this
article on or after July 1, 2012, with respect to the admission to a developmental center or state-operated community facility of a person described in paragraph (2), (4), or (7) of subdivision (
a) of
Section shall expire automatically six months after the earlier of the order of commitment pursuant to this
section or the order of a placement in a developmental center pursuant to
Section 6506, unless the regional center, prior to the expiration of the order of commitment, notifies the court in writing of the need for an extension. The required notice shall state facts demonstrating that the individual continues to be in acute crisis, as defined in paragraph (1) of subdivision (
d) of
Section 4418.7, and the justification for the requested extension, and shall be accompanied by the comprehensive assessment and plan described in subdivision (
e) of
Section 4418.7. An order granting an extension shall not extend the total period of commitment beyond one year, including a placement in a developmental center pursuant to
Section 6506. If, prior to expiration of one year, the regional center notifies the court in writing of facts demonstrating that, due to circumstances beyond the regional center’s control, the placement cannot be made prior to expiration of the extension, and the court determines that good cause exists, the court may grant one further extension of up to days. The court may also issue any orders the court deems appropriate to ensure that necessary steps are taken to ensure that the individual can be safely and appropriately transitioned to the community in a timely manner.
The required notice shall state facts demonstrating that the regional center has made significant progress implementing the plan described in subdivision (
e) of
Section 4418.7 and that extraordinary circumstances exist beyond the regional center’s control that have prevented the plan’s implementation. This paragraph does not preclude the individual or a person acting on the person’s behalf from making a request for release pursuant to
Section 4800, or counsel for the individual from filing a petition for habeas corpus pursuant to
Section 4801. Notwithstanding subdivision (
a) of
Section 4801, for purposes of this paragraph, judicial review shall be in the superior court of the county that issued the order of commitment pursuant to this section.
(3) An order of commitment made pursuant to this
article on or after January 1, 2020, with respect to the admission to an institution for mental disease, as described in subparagraph (
C) of paragraph (9) of subdivision (
a) of
Section 4648, shall expire automatically six months after the earlier of the order of commitment pursuant to this section, the order of a placement in an institution for mental disease pursuant to
Section 6506, or the date the regional center placed the individual in the institution for mental disease, unless the regional center notifies the court in writing of the need for an extension. The required notice shall state facts demonstrating that the individual continues to be in acute crisis, as defined in paragraph (1) of subdivision (
d) of
Section 4418.7, and the justification for the requested extension, and shall be accompanied by the comprehensive assessment and plan described in clause (
v) of subparagraph (
C) of paragraph (9) of subdivision (
a) of
Section 4648. An order granting an extension shall not extend the total period of commitment beyond one year, including a placement in an institution for mental disease pursuant to
Section 6506. If, prior to expiration of one year, the regional center notifies the court in writing of facts demonstrating that, due to circumstances beyond the regional center’s control, the placement cannot be made prior to expiration of the extension, and the court determines that good cause exists, the court may grant one further extension of up to days. The court may also issue any orders the court deems appropriate in order for necessary steps to be taken to ensure that the individual can be safely and appropriately transitioned to the community in a timely manner.
The required notice shall state facts demonstrating that the regional center has made significant progress implementing the plan described in clause (
v) of subparagraph (
C) of paragraph (9) of subdivision (
a) of
Section and that extraordinary circumstances exist beyond the regional center’s control that have prevented the plan’s implementation. This paragraph does not preclude the individual or any person acting on their own behalf from making a request for release pursuant to
Section 4800, or counsel for the individual from filing a petition for habeas corpus pursuant to
Section 4801. Notwithstanding subdivision (
a) of
Section 4801, for purposes of this paragraph, judicial review shall be in the superior court of the county that issued the order of commitment pursuant to this section.
(4) An order of commitment made pursuant to this
article on or after July 1, 2024, with respect to the admission to a completed and licensed complex needs home of a person described in paragraph (8) of subdivision (
a) of
Section shall expire automatically six months after the earlier of the order of commitment pursuant to this
section or the order of a placement pursuant to
Section 6506, unless the regional center, prior to the expiration of the order of commitment, notifies the court in writing of the need for an extension. The required notice shall state facts demonstrating that the individual continues to require placement in a complex needs home, as defined in paragraph (3) of subdivision (
h) of
Section 4418.8, and the justification for the requested extension, and shall be accompanied by the comprehensive assessment and plan described in subdivision (
e) of
Section 4418.8. An order granting an extension shall not extend the total period of commitment beyond months, except as provided for in subdivision (
e) of
Section 4418.8, including a placement pursuant to
Section 6506. This paragraph does not preclude the individual or a person acting on the person’s behalf from making a request for release pursuant to
Section 4800, or counsel for the individual from filing a petition for habeas corpus pursuant to
Section 4801. Notwithstanding subdivision (
a) of
Section 4801, for purposes of this paragraph, judicial review shall be in the superior court of the county that issued the order of commitment pursuant to this section.