NCJ Number
68376
Date Published
1977
Length
46 pages
Annotation
THIS HANDBOOK FOR CRIMINAL JUSTICE AND MENTAL HEALTH PROFESSIONALS EXPLAINS CALIFORNIA LAWS AUTHORIZING REFERRAL OF MENTALLY DISORDERD PERSONS FROM JAILS TO COMMUNITY AGENCIES AND DEALS WITH REFERRAL BEFORE ARREST.
Abstract
THE HISTORY, TEXT, AND AN ANALYSIS OF PENAL CODE SECTIONS 4011.6 AND 4011.8 ARE PRESENTED, FOLLOWED BY FURTHER INFORMATION IN THE FORM OF ANSWERS TO SPECIFIC QUESTIONS. TOPICS COVERED INCLUDE INITATION OF A REFERRAL, EVIDENCE OF MENTAL DISORDER, REFERRAL FOR EVALUATION, EXAMINATION BY THE LOCAL MENTAL HEALTH DIRECTOR, AND APPLICABLE MENTAL HEALTH PROVISIONS. CONVERSION TO VOLUNTARY STATUS, CREDIT FOR TIME SPENT IN TREATMENT, STATUTORY TIME REQUIREMENTS, AND EXPIRATION OF SENTENCE ARE ALSO DISCUSSED. THE MAJOR PROVISIONS OF SECTION 5150 OF THE WELFARE AND INSTITUTIONS CODE, WHCIH ALLOWS A PEACE OFFICER TO DELAY ANY DECISIONS TO ARREST UNTIL THE MENTALLY DISORDERED PERSON HAS BEEN EVALUATED AT A 72-HOUR FACILITY, ARE INTERPRETED. TWO APPENDIXES GIVE THE LEGISLATIVE HISTORY OF THE PENAL CODES; A THIRD CONTAINS THE PROVISIONS OF THE LANTERMAN-PETRIS-SHORT ACT, WHICH ENDED THE INDETERMINATE COMMITMENT OF THE MENTALLY ILL IN CALIFORNIA. SAMPLE FORMS FOR REFERRAL ARE INCLUDED. (MFE)