"u.s.a"california penal code

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1543. (a) Records of the identity, diagnosis, prognosis, or
treatment of any patient maintained by a health care facility which
are not privileged records required to be secured by the special
master procedure in Section 1524, or records required by law to be
confidential, shall only be disclosed to law enforcement agencies
pursuant to this section:
(1) In accordance with the prior written consent of the patient;
or
(2) If authorized by an appropriate order of a court of competent
jurisdiction in the county where the records are located, granted
after application showing good cause therefor. In assessing good
cause, the court:
(A) Shall weigh the public interest and the need for disclosure
against the injury to the patient, to the physician-patient
relationship, and to the treatment services;
(B) Shall determine that there is a reasonable likelihood that the
records in question will disclose material information or evidence
of substantial value in connection with the investigation or
prosecution; or
(3) By a search warrant obtained pursuant to Section 1524.
(b) The prohibitions of this section continue to apply to records
concerning any individual who has been a patient, irrespective of
whether or when he or she ceases to be a patient.
(c) Except where an extraordinary order under Section 1544 is
granted or a search warrant is obtained pursuant to Section 1524, any
health care facility whose records are sought under this chapter
shall be notified of the application and afforded an opportunity to
appear and be heard thereon.
(d) Both disclosure and dissemination of any information from the
records shall be limited under the terms of the order to assure that
no information will be unnecessarily disclosed and that dissemination
will be no wider than necessary.
This chapter shall not apply to investigations of fraud in the
provision or receipt of Medi-Cal benefits, investigations of
insurance fraud performed by the Department of Insurance or the
California Highway Patrol, investigations of workers' compensation
insurance fraud performed by the Department of Corrections and
conducted by peace officers specified in paragraph (2) of subdivision
(d) of Section 830.2, and investigations and research regarding
occupational health and safety performed by or under agreement with
the Department of Industrial Relations. Access to medical records in
these investigations shall be governed by all laws in effect at the
time access is sought.
(e) Nothing in this chapter shall prohibit disclosure by a medical
facility or medical provider of information contained in medical
records where disclosure to specific agencies is mandated by statutes
or regulations.
(f) This chapter shall not be construed to authorize disclosure of
privileged records to law enforcement agencies by the procedure set
forth in this chapter, where the privileged records are required to
be secured by the special master procedure set forth in subdivision
(c) of Section 1524 or required by law to be confidential.



1544. A law enforcement agency applying for disclosure of patient
records under Section 1543 may petition the court for an
extraordinary order delaying the notice of the application to the
health care facility required by subdivision (f) of Section 1543 for
a period of 30 days, upon a showing of good cause to believe that
notice would seriously impede the investigation.



1545. For the purposes of this chapter:
(a) "Health care facility" means any clinic, health dispensary, or
health facility, licensed pursuant to Division 2 (commencing with
Section 1200) of the Health and Safety Code, or any mental hospital,
drug abuse clinic, or detoxification center.
(b) "Law enforcement agency" means the Attorney General of the
State of California, every district attorney, and every agency of the
State of California expressly authorized by statute to investigate
or prosecute law violators.[/align]

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1547. (a) The Governor may offer a reward of not more than fifty
thousand dollars ($50,000), payable out of the General Fund, for
information leading to the arrest and conviction of any of the
following:
(1) Any convict who has escaped from a state prison, prison camp,
prison farm, or the custody of any prison officer or employee or as
provided in Section 3059 or 4530.
(2) Any person who has committed, or is charged with the
commission of, an offense punishable by death.
(3) (A) Any person engaged in the robbery or hijacking of, or any
attempt to rob or hijack, any person upon or in charge of, in whole
or in part, any public conveyance engaged at the time in carrying
passengers within this state.
(B) As used in this paragraph, "hijacking" means an unauthorized
person causing, or attempting to cause, by violence or threat of
violence, a public conveyance to go to an unauthorized destination.
(4) Any person who attempts to murder either in the first or
second degree, assaults with a deadly weapon, or inflicts serious
bodily harm upon a peace officer or firefighter who is acting in the
line of duty.
(5) Any person who has committed a crime involving the burning or
bombing of public or private property, including any public hospital
housed in a privately owned facility.
(6) Any person who has committed a crime involving the burning or
bombing of any private hospital. A reward may be offered by the
Governor in conjunction with that crime only if a reward in
conjunction with the same crime is offered by the hospital, or any
other public or private donor on its behalf. The amount of the
reward offered by the Governor shall not exceed the aggregate amount
offered privately, or fifty thousand dollars ($50,000), whichever is
less. Nothing in this paragraph shall preclude a private hospital,
or any public or private donor on its behalf, from offering a reward
in an amount exceeding fifty thousand dollars ($50,000). If a person
providing information for a reward under this paragraph so requests,
his or her name and address shall remain confidential. This
confidentiality, however, shall not preclude or obstruct the
investigations of law enforcement authorities.
(7) Any person who commits a violation of Section 11413.
(8) Any person who commits a violation of Section 207.
(9) Any person who has committed a crime involving the burning or
bombing of any bookstore or public or private library not subject to
Section 11413. A reward may be offered by the Governor in
conjunction with that crime only if a reward in conjunction with the
same crime is offered by the bookstore or library, or any other
public or private donor on its behalf. The amount of the reward
offered by the Governor shall not exceed the aggregate amount offered
privately, or fifty thousand dollars ($50,000), whichever is less.
Nothing in this paragraph shall preclude a bookstore or public or
private library, or any public or private donor on its behalf, from
offering a reward in an amount exceeding fifty thousand dollars
($50,000). If a person providing information for a reward under this
paragraph so requests, his or her name and address shall remain
confidential. This confidentiality, however, shall not preclude or
obstruct the investigations of law enforcement authorities.
(10) Any person who commits a violation of Section 454 or 463.
(11) Any person who willfully and maliciously sets fire to, or who
attempts to willfully and maliciously set fire to, any property that
is included within a hazardous fire area designated by the State
Board of Forestry and Fire Protection pursuant to Section 4252 of the
Public Resources Code or by the Director of Forestry and Fire
Protection pursuant to Section 4253 of the Public Resources Code, if
the fire, or attempt to set a fire, results in death or great bodily
injury to anyone, including fire protection personnel, or if the fire
causes substantial structural damage.
(12) Any person who has committed, or is charged with the
commission of, a felony that is punishable under Section 422.75 and
that resulted in serious bodily injury or in property damage of more
than ten thousand dollars ($10,000).
(13) Any person who commits an act that violates Section 11411, if
the Governor determines that the act is one in a series of similar
or related acts committed in violation of that section by the same
person or group.
(b) The Governor may offer a reward of not more than one hundred
thousand dollars ($100,000) for information leading to the arrest and
conviction of any person who kills a peace officer or firefighter
who is acting in the line of duty.
(c) The Governor may offer a reward of not more than one hundred
thousand dollars ($100,000), payable out of the General Fund, for
information leading to the arrest and conviction of any person who
commits arson upon a place of worship.
(d) The reward shall be paid to the person giving the information,
promptly upon the conviction of the person so arrested, after a
recommendation from the United States Attorney, or the California
Attorney General, or the district attorney and the chief law
enforcement officer, or his or her designate, in the jurisdiction
where the crime occurred. Rewards shall only be paid to the person
if the information is given voluntarily, at the person's own
initiative. Rewards shall not be paid as part of any plea bargain.
(e) The reward may also be paid to the person giving the
information if both of the following are met:
(1) The arrest or conviction of the person for an offense
described in subdivision (a), (b), or (c) is rendered impossible by
an intervening event, including, but not limited to, the death of the
person during a pursuit by law enforcement, or while in custody.
(2) The appropriate law enforcement officials, after reviewing the
evidence related to the crime or crimes, determine that the person
is the individual responsible for the crime or crimes for which the
reward was offered, and that the information would have reasonably
led to the arrest and conviction of that person.
(f) If more than one claimant is eligible for any reward issued
pursuant to this section, the Governor may apportion the reward money
in a manner the Governor deems appropriate.



1548. As used in this chapter:
(a) "Governor" means any person performing the functions of
Governor by authority of the law of this State.
(b) "Executive authority" means the Governor or any person
performing the functions of Governor in a State other than this
State.
(c) "State," referring to a State other than the State of
California, means any other State or Territory, organized or
unorganized, of the United States of America.
(d) "Laws of the United States" means: (1) those laws of the
United States passed by Congress pursuant to authority given to
Congress by the Constitution of the United States where the laws of
the United States are controlling, and (2) those laws of the United
States not controlling the several States of the United States but
which are not in conflict with the provisions of this chapter.



1548.1. Subject to the provisions of this chapter, the Constitution
of the United States, and the laws of the United States, it is the
duty of the Governor of this State to have arrested and delivered up
to the executive authority of any other State any person charged in
that State with treason, felony, or other crime, who has fled from
justice and is found in this State.



1548.2. No demand for the extradition of a person charged with
crime in another State shall be recognized by the Governor unless it
is in writing alleging that the accused was present in the demanding
State at the time of the commission of the alleged crime, and that
thereafter he fled from that State. Such demand shall be accompanied
by a copy of an indictment found or by information or by a copy of an
affidavit made before a magistrate in the demanding State together
with a copy of any warrant which was issued thereon; or such demand
shall be accompanied by a copy of a judgment of conviction or of a
sentence imposed in execution thereof, together with a statement by
the executive authority of the demanding State that the person
claimed has escaped from confinement or has violated the terms of his
bail, probation or parole. The indictment, information, or
affidavit made before the magistrate must substantially charge the
person demanded with having committed a crime under the law of that
State; and the copy of indictment, information, affidavit, judgment
of conviction or sentence must be certified as authentic by the
executive authority making the demand.



1548.3. When a demand is made upon the Governor of this State by
the executive authority of another State for the surrender of a
person so charged with crime, the Governor may call upon the Attorney
General or any district attorney in this State to investigate or
assist in investigating the demand, and to report to him the
situation and circumstances of the person so demanded, and whether he
ought to be surrendered according to the provision of this chapter.



1549. When it is desired to have returned to this state a person
charged in this state with a crime, and the person is imprisoned or
is held under criminal proceedings then pending against him or her in
another state, the Governor of this state may agree with the
executive authority of the other state for the extradition of the
person before the conclusion of the proceedings or his or her term
of sentence in the other state, upon the condition that the person be
returned to the other state at the expense of this state as soon as
the prosecution in this state is terminated.
The Governor of this state may also surrender on demand of the
executive authority of any other state any person in this state who
is charged in the manner provided in Section 1548.2 with having
violated the laws of the demanding state even though such person left
the demanding state involuntarily.



1549.1. The Governor of this state may also surrender, on demand of
the executive authority of any other state, any person in this state
charged in the other state in the manner provided in Section 1548.2
with committing an act in this state, or in a third state,
intentionally resulting in a crime in the state whose executive
authority is making the demand. The provisions of this chapter, not
otherwise inconsistent, shall apply to those cases, even though the
accused was not in the demanding state at the time of the commission
of the crime, and has not fled therefrom. Neither the demand, the
oath, nor any proceedings under this chapter pursuant to this section
need state or show that the accused has fled from justice from, or
at the time of the commission of the crime was in, the demanding or
other state.



1549.2. If a demand conforms to the provisions of this chapter, the
Governor or agent authorized in writing by the Governor whose
authorization has been filed with the Secretary of State shall sign a
warrant of arrest, which shall be sealed with the State Seal, and
shall be directed to any peace officer or other person whom he may
entrust with the execution thereof. The warrant must substantially
recite the facts necessary to the validity of its issuance. The
provisions of Section 850 shall be applicable to such warrant, except
that it shall not be necessary to include a warrant number, address,
or description of the subject, provided that a complaint under
Section 1551 is then pending against the subject.



1549.3. Such warrant shall authorize the peace officer or other
person to whom it is directed:
(a) To arrest the accused at any time and any place where he may
be found within the State;
(b) To command the aid of all peace officers or other persons in
the execution of the warrant; and
(c) To deliver the accused, subject to the provisions of this
chapter, to the duly authorized agent of the demanding State.



1550. Every peace officer or other person empowered to make the
arrest hereunder shall have the same authority, in arresting the
accused, to command assistance therefor as the persons designated in
Section 150. Failure or refusal to render that assistance is a
violation of Section 150.



1550.1. No person arrested upon such warrant shall be delivered
over to the agent of the executive authority demanding him unless he
is first taken forthwith before a magistrate, who shall inform him of
the demand made for his surrender, and of the crime with which he is
charged, and that he has the right to demand and procure counsel.
If the accused or his counsel desires to test the legality of the
arrest, the magistrate shall remand the accused to custody, and fix a
reasonable time to be allowed him within which to apply for a writ
of habeas corpus. If the writ is denied, and probable cause appears
for an application for a writ of habeas corpus to another court, or
justice or judge thereof, the order denying the writ shall remand the
accused to custody, and fix a reasonable time within which the
accused may again apply for a writ of habeas corpus. When an
application is made for a writ of habeas corpus as contemplated by
this section, a copy of the application shall be served as provided
in Section 1475, upon the district attorney of the county in which
the accused is in custody, and upon the agent of the demanding state.
A warrant issued in accordance with the provisions of Section
1549.2 shall be presumed to be valid, and unless a court finds that
the person in custody is not the same person named in the warrant, or
that the person is not a fugitive from justice, or otherwise subject
to extradition under Section 1549.1, or that there is no criminal
charge or criminal proceeding pending against the person in the
demanding state, or that the documents are not on their face in
order, the person named in the warrant shall be held in custody at
all times, and shall not be eligible for release on bail.



1550.2. Any officer or other person entrusted with a Governor's
warrant who delivers to the agent of the demanding State a person in
his custody under such Governor's warrant, in wilful disobedience to
the preceding section, is guilty of a misdemeanor and, on conviction
thereof, shall be fined not more than $1,000 or be imprisoned not
more than six months, or both.



1550.3. The officer or persons executing the Governor's warrant of
arrest, or the agent of the demanding State to whom the prisoner has
been delivered may confine the prisoner in the jail of any county or
city through which he may pass. The keeper of such jail must receive
and safely keep the prisoner until the officer or person having
charge of him is ready to proceed on his route. Such officer or
person shall be charged with the expense of keeping the prisoner.
The officer or agent of a demanding State to whom a prisoner has
been delivered following extradition proceedings in another State, or
to whom a prisoner has been delivered after waiving extradition in
such other State, and who is passing through this State with such a
prisoner for the purpose of immediately returning such prisoner to
the demanding State may confine the prisoner in the jail of any
county or city through which he may pass. The keeper of such jail
must receive and safely keep the prisoner until the officer or agent
having charge of him is ready to proceed on his route. Such officer
or agent shall be charged with the expense of keeping the prisoner.
Such officer or agent shall produce and show to the keeper of such
jail satisfactory written evidence of the fact that he is actually
transporting such prisoner to the demanding State after a requisition
by the executive authority thereof. Such prisoner shall not be
entitled to demand a new requisition while in this State.



1551. (a) Whenever any person within this State is charged by a
verified complaint before any magistrate of this State with the
commission of any crime in any other State, or, with having been
convicted of a crime in that State and having escaped from
confinement, or having violated the terms of his bail, probation or
parole; or (b) whenever complaint is made before any magistrate in
this State setting forth on the affidavit of any credible person in
another State that a crime has been committed in such other State and
that the accused has been charged in such State with the commission
of the crime, or that the accused has been convicted of a crime in
that State and has escaped from bail, probation or parole and is
believed to be in this State; then the magistrate shall issue a
warrant directed to any peace officer commanding him to apprehend the
person named therein, wherever he may be found in this State, and to
bring him before the same or any other magistrate who is available
in or convenient of access to the place where the arrest is made. A
certified copy of the sworn charge or complaint and affidavit upon
which the warrant is issued shall be attached to the warrant.



1551.05. (a) Any person on outpatient status pursuant to Title 15
(commencing with Section 1600) of Part 2 or pursuant to subdivision
(d) of Section 2972 who leaves this state without complying with
Section 1611, or who fails to return to this state on the date
specified by the committing court, shall be subject to extradition in
accordance with this section.
(b) When the return to this state is required by a person who is
subject to extradition pursuant to subdivision (a), the Director of
Mental Health shall present to the Governor a written application for
requisition for the return of that person. In the requisition
application there shall be stated the name of the person, the type of
judicial commitment the person is under, the nature of the
underlying criminal act which was the basis for the judicial
commitment, the circumstances of the noncompliance with Section 1611,
and the state in which the person is believed to be, including the
specific location of the person, if known.
(c) The application shall be verified, shall be executed in
duplicate, and shall be accompanied by two certified copies of the
court order of judicial commitment and of the court order authorizing
outpatient status. The director may also attach any affidavits or
other documents in duplicate as are deemed proper to be submitted
with the application. One copy of the application, with the action
of the Governor indicated by endorsement thereon, and one copy of the
court orders shall be filed in the office of the Secretary of State.
The other copies of all papers shall be forwarded with the Governor'
s requisition.
(d) Upon receipt of an application under this section, the
Governor or agent authorized in writing by the Governor whose
authorization has been filed with the Secretary of State, may sign a
requisition for the return of the person.



1551.1. The arrest of a person may also be lawfully made by any
peace officer, without a warrant, upon reasonable information that
the accused stands charged in the courts of any other state with a
crime punishable by death or imprisonment for a term exceeding one
year, or that the person has been convicted of a crime punishable in
the state of conviction by imprisonment for a term exceeding one year
and thereafter escaped from confinement or violated the terms of his
or her bail, probation or parole. When so arrested the accused
shall be taken before a magistrate with all practicable speed and
complaint shall be made against him or her under oath setting forth
the ground for the arrest as in Section 1551.


1551.2. At the initial appearance of a person arrested under
Section 1551 or 1551.1, he shall be informed of the reason for his
arrest and of his right to demand and procure counsel. If the person
denies that he is the same person charged with or convicted of a
crime in the other state, a hearing shall be held within 10 days to
determine whether there is probable cause to believe that he is the
same person and whether he is charged with or convicted of a crime in
the other state. At the hearing, the magistrate shall accept a
certified copy of an indictment found, an information, a verified
complaint, a judgment or sentence, or other judicial proceedings
against that person in the state in which the crime is charged or the
conviction occurred, and such copy shall constitute conclusive proof
of its contents. Witnesses from the other state shall not be
required to be present at the hearing.



1551.3. Immediately upon the arrest of the person charged, the
magistrate must give notice thereof to the district attorney. The
district attorney must immediately thereafter give notice to the
executive authority of the State, or to the prosecuting attorney or
presiding judge of the court of the city or county within the State
having jurisdiction of the offense, to the end that a demand may be
made for the arrest and surrender of the person charged.



1552. If at the hearing before the magistrate, it appears that the
accused is the person charged with having committed the crime
alleged, the magistrate must, by a warrant reciting the accusation,
commit him to the county jail for such a time, not exceeding thirty
days and specified in the warrant, as will enable the arrest of the
accused to be made under a warrant of the Governor on a requisition
of the executive authority of the State having jurisdiction of the
offense, unless the accused give bail as provided in section 1552.1,
or until he shall be legally discharged.



1552.1. Unless the offense with which the prisoner is charged, is
shown to be an offense punishable by death or life imprisonment under
the laws of the state in which it was committed, or it is shown that
the prisoner is alleged to have escaped or violated the terms of his
parole following conviction of a crime punishable in the state of
conviction by imprisonment for a term exceeding one year, the
magistrate may admit the person arrested to bail by bond or
undertaking, with sufficient sureties, and in such sum as he deems
proper, conditioned upon the appearance of such person before him at
a time specified in such bond or undertaking, and for his surrender
upon the warrant of the Governor of this state. Nothing in this
section or in Section 1553 shall be deemed to prevent the immediate
service of a Governor's warrant issued under Section 1549.2.



1552.2. If the accused is not arrested under warrant of the
Governor by the expiration of the time specified in the warrant,
bond, or undertaking, a magistrate may discharge him or may recommit
him for a further period of 60 days. In the latter event a justice
of the Supreme Court or court of appeal or a judge of the superior
court may again take bail for his appearance and surrender, as
provided in Section 1552.1 but within a period not to exceed 60 days
after the date of such new bond or undertaking.



1553. If the prisoner is admitted to bail, and fails to appear and
surrender himself according to the conditions of his bond, the
magistrate, by proper order, shall declare the bond forfeited and
order his immediate arrest without warrant if he be within this
State. Recovery may be had on such bond in the name of the people of
the State as in the case of other bonds or undertakings given by a
defendant in criminal proceedings.



1553.1. (a) If a criminal prosecution has been instituted against a
person charged under Section 1551 under the laws of this state and
is still pending, the Governor, with the consent of the Attorney
General, may surrender the person on demand of the executive
authority of another state or hold him or her until he or she has
been tried and discharged or convicted and served his or her sentence
in this state.
(b) If a criminal prosecution has been instituted under the laws
of this state against a person charged under Section 1551, the
restrictions on the length of commitment contained in Sections 1552
and 1552.2 shall not be applicable during the period that the
criminal prosecution is pending in this state.




1553.2. The guilt or innocence of the accused as to the crime with
which he is charged may not be inquired into by the Governor or in
any proceeding after the demand for extradition accompanied by a
charge of crime in legal form as above provided has been presented to
the Governor, except as such inquiry may be involved in identifying
the person held as the person charged with the crime.



1554. The Governor may recall his warrant of arrest or may issue
another warrant whenever he deems it proper.



1554.1. Whenever the Governor of this State shall demand the return
of a person charged with crime in this State or with escaping from
confinement or violating the terms of his bail, probation or parole
in this State, from the executive authority of any other State or of
any foreign government or the chief justice or an associate justice
of the Supreme Court of the District of Columbia authorized to
receive such demand, he shall issue a warrant under the seal of this
State to an agent, commanding him to receive the person so demanded
and to convey him to the proper officer in the county in this State
in which the offense was committed.



1554.2. (a) When the return to this state of a person charged with
crime in this state is required, the district attorney shall present
to the Governor his written application for a requisition for the
return of the person charged. In such application there shall be
stated the name of the person so charged, the crime charged against
him, the approximate time, place and circumstances of its commission,
and the state in which he is believed to be, including the location
of the accused therein at the time the application is made. Such
application shall certify that, in the opinion of the district
attorney, the ends of justice require the arrest and return of the
accused to this state for trial and that the proceeding is not
instituted to enforce a private claim.
(b) When the return to this state is required of a person who has
been convicted of a crime in this state and who has escaped from
confinement or has violated the terms of his bail, probation or
parole the district attorney of the county in which the offense was
committed, the Board of Prison Terms, the Director of Corrections,
the California Institution for Women, the Youth Authority, or the
sheriff of the county from which escape from confinement was made,
shall present to the Governor a written application for a requisition
for the return of such person. In such application there shall be
stated the name of the person, the crime of which he was convicted,
the circumstances of his escape or of the violation of the terms of
his bail, probation or parole, and the state in which he is believed
to be, including the location of such person therein at the time
application is made.
(c) The application shall be verified, shall be executed in
duplicate, and shall be accompanied by two certified copies of the
indictment, the information, or the verified complaint made to the
magistrate stating the offense with which the accused is charged, or
the judgment of conviction or the sentence. The officer or board
requesting the requisition may also attach such affidavits and other
documents in duplicate as are deemed proper to be submitted with such
application. One copy of the application, with the action of the
Governor indicated by endorsement thereon, and one of the certified
copies of the indictment, verified complaint, information, or
judgment of conviction or sentence shall be filed in the office of
the Secretary of State. The other copies of all papers shall be
forwarded with the Governor's requisition.
(d) Upon receipt of an application under this section, the
Governor or agent authorized in writing by the Governor whose
authorization has been filed with the Secretary of State, may sign a
requisition for the return of the person charged and any other
document incidental to that requisition or to the return of the
person charged.


1555. A person brought into this State on, or after waiver of
extradition based on a criminal charge shall not be subject to
service of process in civil actions arising out of the same facts as
the criminal proceedings for which he is returned, until he has been
convicted in the criminal proceeding, or, if acquitted, until he has
had reasonable opportunity to return to the State from which he was
extradited.



1555.1. Any person arrested in this state charged with having
committed any crime in another state or alleged to have escaped from
confinement, or broken the terms of his or her bail, probation or
parole may waive the issuance and service of the Governor's warrant
provided for in this chapter and all other procedure incidental to
extradition proceedings, by subscribing in the presence of a
magistrate within this state a writing which states that he or she
consents to return to the demanding state; provided, however, that
before such waiver shall be subscribed by such person, the magistrate
shall inform him or her of his or her rights to require the issuance
and service of a warrant of extradition as provided in this chapter.

If such waiver is executed, it shall forthwith be forwarded to the
office of the Governor of this state, and filed therein. The
magistrate shall remand the person to custody without bail, unless
otherwise stipulated by the district attorney with the concurrence of
the other state, and shall direct the officer having such person in
custody to deliver such person forthwith to the duly authorized
agent of the demanding state, and shall deliver to such agent a copy
of such waiver.
Nothing in this section shall be deemed to limit the rights of the
accused person to return voluntarily and without formality to the
demanding state, provided that state consents, nor shall this
procedure of waiver be deemed to be an exclusive procedure or to
limit the powers, rights or duties of the officers of the demanding
state or of this state.


1555.2. (a) If the arrested person refuses to sign a waiver of
extradition under Section 1555.1, a hearing shall be held, upon
application of the district attorney, to determine whether the person
is alleged to have violated the terms of his release within the past
five years on bail or own recognizance while charged with a crime
punishable in the charging state by imprisonment for a term exceeding
one year, or on probation or parole following conviction of a crime
punishable in the state of conviction by imprisonment for a term
exceeding one year, and whether, as a condition of that release, the
person was required to waive extradition.
(b) At the hearing, the district attorney shall present a
certified copy of the order from the other state conditionally
releasing the person, including the condition that he was required to
waive extradition together with a certified copy of the order from
the other state directing the return of the person for violating the
terms of his conditional release. The magistrate shall accept these
certified copies as conclusive proof of their contents and shall
presume the validity of the extradition waiver condition.
(c) If the magistrate finds that there is probable cause to
believe that the arrested person is the same person named in the
conditional release order and the order commanding his return, the
magistrate shall forthwith issue an order remanding the person to
custody without bail and directing the delivery of the person to duly
accredited agents of the other state.
(d) Notwithstanding the provisions of subdivision (c), the
district attorney may stipulate, with the concurrence of the other
state, that the arrested person may be released on bail or own
recognizance pending the arrival of duly accredited agents from the
other state.
(e) If the arrested person or his counsel desires to test the
legality of the order issued under subdivision (c), the magistrate
shall fix a reasonable time to be allowed him within which to apply
for a writ of habeas corpus. If the writ is denied and probable
cause appears for an application for a writ of habeas corpus to
another court, or justice or judge thereof, the order denying the
writ shall fix a reasonable time within which the accused may again
apply for a writ of habeas corpus. Unless otherwise stipulated
pursuant to subdivision (d), the arrested person shall remain in
custody without bail.



1555.3. Nothing in this chapter shall be deemed to constitute a
waiver by this state of its right, power or privilege to try any
demanded person for crime committed within this state, or of its
right, power or privilege to regain custody of such person by
extradition proceedings or otherwise for the purpose of trial,
sentence or punishment for any crime committed within this state; nor
shall any proceedings had under this chapter which result in, or
fail to result in, extradition be deemed a waiver by this state of
any of its rights, privileges or jurisdiction in any manner
whatsoever.



1556. After a person has been brought back to this State by
extradition proceedings, he may be tried in this State for other
crimes which he may be charged with having committed in this State as
well as for the crime or crimes specified in the requisition for his
extradition.



1556.1. The provisions of this chapter shall be so interpreted and
construed as to effectuate its general purposes to make uniform the
law of those states which enact legislation based upon the Uniform
Criminal Extradition Act.


1556.2. This chapter may be cited as the Uniform Criminal
Extradition Act.


1557. (a) This section shall apply when this state or a city,
county, or city and county employs a person to travel to a foreign
jurisdiction outside this state for the express purpose of returning
a fugitive from justice to this state when the Governor of this
state, in the exercise of the authority conferred by Section 2 of
Article IV of the United States Constitution, or by the laws of this
state, has demanded the surrender of the fugitive from the executive
authority of any state of the United States, or of any foreign
government.
(b) Upon the approval of the Governor, the State Controller shall
audit and pay out of the State Treasury as provided in subdivision
(c) or (d) the accounts of the person employed to bring back the
fugitive, including any money paid by that person for all of the
following:
(1) Money paid to the authorities of a sister state for statutory
fees in connection with the detention and surrender of the fugitive.

(2) Money paid to the authorities of the sister state for the
subsistence of the fugitive while detained by the sister state
without payment of which the authorities of the sister state refuse
to surrender the fugitive.
(3) Where it is necessary to present witnesses or evidence in the
sister state, without which the sister state would not surrender the
fugitive, the cost of producing the witnesses or evidence in the
sister state.
(4) Where the appearance of witnesses has been authorized in
advance by the Governor, who may authorize the appearance in unusual
cases where the interests of justice would be served, the cost of
producing witnesses to appear in the sister state on behalf of the
fugitive in opposition to his or her extradition.
(c) No amount shall be paid out of the State Treasury to a city,
county, or city and county except as follows:
(1) When a warrant has been issued by any magistrate after the
filing of a complaint or the finding of an indictment and its
presentation to the court and filing by the clerk, and the person
named therein as defendant is a fugitive from justice who has been
found and arrested in any state of the United States or in any
foreign government, the county auditor shall draw his or her warrant
and the county treasurer shall pay to the person designated to return
the fugitive, the amount of expenses estimated by the district
attorney to be incurred in the return of the fugitive.
(2) If the person designated to return the fugitive is a city
officer, the city officer authorized to draw warrants on the city
treasury shall draw his or her warrant and the city treasurer shall
pay to that person the amount of expenses estimated by the district
attorney to be incurred in the return of the fugitive.
(3) The person designated to return the fugitive shall make no
disbursements from any funds advanced without a receipt being
obtained therefor showing the amount, the purpose for which the sum
is expended, the place, the date, and to whom paid.
(4) A receipt obtained pursuant to paragraph (3) shall be filed by
the person designated to return the fugitive with the county auditor
or appropriate city officer or State Controller, as the case may be,
together with an affidavit by the person that the expenditures
represented by the receipts were necessarily made in the performance
of duty, and when the advance has been made by the county or city
treasurer to the person designated to return the fugitive, and has
thereafter been audited by the State Controller, the payment thereof
shall be made by the State Treasurer to the county or city treasury
that has advanced the funds.
(5) In every case where the expenses of the person employed to
bring back the fugitive as provided in this section, are less than
the amount advanced on the recommendation of the district attorney,
the person employed to bring back the fugitive shall return to the
county or city treasurer, as appropriate, the difference in amount
between the aggregate amount of receipts so filed by him or her, as
herein employed, and the amount advanced to the person upon the
recommendation of the district attorney.
(6) When no advance has been made to the person designated to
return the fugitive, the sums expended by him or her, when audited by
the State Controller, shall be paid by the State Treasurer to the
person so designated.
(7) Any payments made out of the State Treasury pursuant to this
section shall be made from appropriations for the fiscal year in
which those payments are made.
(d) Payments to state agencies will be made in accord with the
rules of the California Victim Compensation and Government Claims
Board. No city, county, or other jurisdiction may file, and the state
may not reimburse, a claim pursuant to this section that is
presented to the Department of Corrections and Rehabilitation or to
any other agency or department of the state more than six months
after the close of the month in which the costs were incurred.



1558. No compensation, fee, profit, or reward of any kind can be
paid to or received by a public officer of this state, a corporation
or firm, or other person, for a service rendered in procuring from
the Governor the demand mentioned in Section 1557, or the surrender
of the fugitive, or for conveying him or her to this state, or
detaining him or her therein, except as provided for in that section.
Every person who violates any of the provisions of this section is
guilty of a misdemeanor.[/align]

[هيثم الفقى]

[align=left]
1562. The party prosecuting a special proceeding of a criminal
nature is designated in this Code as the complainant, and the adverse
party as the defendant.


1563. The provisions of Section 1401, in respect to entitling
affidavits, are applicable to such proceedings.



1564. The Courts and magistrates before whom such proceedings are
prosecuted may issue subpoenas for witnesses, and punish their
disobedience in the same manner as in a criminal action.

[/align]

[هيثم الفقى]

[align=left]
PROCEEDINGS FOR BRINGING PERSONS IMPRISONED IN THE
STATE PRISON, OR THE JAIL OF ANOTHER COUNTY, BEFORE
A COURT
1567. When it is necessary to have a person imprisoned in the state
prison brought before any court, or a person imprisoned in a county
jail brought before a court sitting in another county, an order for
that purpose may be made by the court and executed by the sheriff of
the county where it is made. The order shall be signed by the judge
or magistrate and sealed with the seal of the court, if any. The
order shall be to the following effect:

County of ____ (as the case may be).
The people of the State of California to the warden of ____ (or
sheriff of ____, as the case may be):
An order having been made this day by me, that A.B. be produced in
this court as witness in the case of ____, you are commanded to
deliver him or her into the custody of ____.
Dated this ____ day of ____, 19__.
[/align]

[هيثم الفقى]

[align=left]
OUTPATIENT STATUS FOR MENTALLY DISORDERED AND
DEVELOPMENTALLY DISABLED OFFENDERS


1600. Any person committed to a state hospital or other treatment
facility under the provisions of Section 1026, or Chapter 6
(commencing with Section 1367) of Title 10 of this code, or Section
6316 or 6321 of the Welfare and Institutions Code may be placed on
outpatient status from that commitment subject to the procedures and
provisions of this title, except that a developmentally disabled
person may be placed on outpatient status from that commitment under
the provisions of this title as modified by Section 1370.4. Any
person committed as a ***ually violent predator under the provisions
of Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of
Division 6 of the Welfare and Institutions Code may be placed on
outpatient status from that commitment in accordance with the
procedures described in Title 15 (commencing with Section 1600) of
Part 2 of the Penal Code.



1600.5. For a person committed as a mentally disordered ***
offender under former Section 6316 or 6316.2 of the Welfare and
Institutions Code, or committed pursuant to Section 1026 or 1026.5,
or committed pursuant to Section 2972, who is placed on outpatient
status under the provisions of this title, time spent on outpatient
status, except when placed in a locked facility at the direction of
the outpatient supervisor, shall not count as actual custody and
shall not be credited toward the person's maximum term of commitment
or toward the person's term of extended commitment. Nothing in this
section shall be construed to extend the maximum period of parole of
a mentally disordered offender.



1601. (a) In the case of any 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 Section 262, a violation of Section 459 in the first degree, a
violation of Section 220 in which the victim suffers great bodily
injury, a violation of Section 288, a violation of Section 12303.1,
12303.2, 12303.3, 12308, 12309, or 12310, 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 facility for 180 days or more after
having been committed under the provisions of law specified in
Section 1600.
(b) In the case of any 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.



1602. (a) Any person subject to the provisions of subdivision (b)
of Section 1601 may be placed on outpatient status, if all of the
following conditions are satisfied:
(1) In the case of a person who is an inpatient, the director of
the state hospital or other treatment facility to which the person
has been committed advises the court that the defendant will not be a
danger to the health and safety of others while on outpatient
status, and will benefit from such outpatient status.
(2) In all cases, the community program director or a designee
advises the court that the defendant will not be a danger to the
health and safety of others while on outpatient status, will benefit
from such status, and identifies an appropriate program of
supervision and treatment.
(3) After actual notice to the prosecutor and defense counsel, and
after a hearing in court, the court specifically approves the
recommendation and plan for outpatient status.
(b) The community program director or a designee 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.
(c) 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.



1603. (a) Any person subject to subdivision (a) of Section 1601 may
be placed on outpatient status if all of the following conditions
are satisfied:
(1) The director of the state hospital or other treatment facility
to which the person has been committed advises the committing court
and the prosecutor that the defendant would no longer be a danger to
the health and safety of others, including himself or herself, while
under supervision and treatment in the community, and will benefit
from that status.
(2) The community program director advises the court that the
defendant will benefit from that status, and identifies an
appropriate program of supervision and treatment.
(3) The prosecutor shall provide notice of the hearing date and
pending release to the victim or next of kin of the victim of the
offense for which the person was committed where a request for the
notice has been filed with the court, and after a hearing in court,
the court specifically approves the recommendation and plan for
outpatient status pursuant to Section 1604. The burden shall be on
the victim or next of kin to the victim to keep the court apprised of
the party's current mailing address.
In any case in which the victim or next of kin to the victim has
filed a request for notice with the director of the state hospital or
other treatment facility, he or she shall be notified by the
director at the inception of any program in which the committed
person would be allowed any type of day release unattended by the
staff of the facility.
(b) The community program director shall prepare and submit the
evaluation and the treatment plan specified in paragraph (2) of
subdivision (a) to the court within 30 calendar days after
notification by the court to do so.
(c) 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.



1604. (a) Upon receipt by the committing court of the
recommendation of the director of the state hospital or other
treatment facility to which the person has been committed that the
person may be eligible for outpatient status as set forth in
subdivision (a)(1) of Section 1602 or 1603, the court shall
immediately forward such recommendation to the community program
director, prosecutor, and defense counsel. The court shall provide
copies of the arrest reports and the state summary criminal history
information to the community program director.
(b) Within 30 calendar days the community program director or a
designee shall submit to the court and, when appropriate, to the
director of the state hospital or other treatment facility, a
recommendation regarding the defendant's eligibility for outpatient
status, as set forth in subdivision (a)(2) of Section 1602 or 1603
and the recommended plan for outpatient supervision and treatment.
The plan shall set forth specific terms and conditions to be followed
during outpatient status. The court shall provide copies of this
report to the prosecutor and the defense counsel.
(c) The court shall calendar the matter for hearing within 15
judicial days of the receipt of the community program director's
report and shall give notice of the hearing date to the prosecutor,
defense counsel, the community program director, and, when
appropriate, to the director of the state hospital or other facility.
In any hearing conducted pursuant to this section, the court shall
consider the circumstances and nature of the criminal offense leading
to commitment and shall consider the person's prior criminal
history.
(d) The court shall, after a hearing in court, either approve or
disapprove the recommendation for outpatient status. If the approval
of the court is given, the defendant shall be placed on outpatient
status subject to the terms and conditions specified in the
supervision and treatment plan. If the outpatient treatment occurs
in a county other than the county of commitment, the court shall
transmit a copy of the case record to the superior court in the
county where outpatient treatment occurs, so that the record will be
available if revocation proceedings are initiated pursuant to Section
1608 or 1609.


1605. (a) In accordance with Section 1615 of this code and Section
5709.8 of the Welfare and Institutions Code, the State Department of
Mental Health shall be responsible for the supervision of persons
placed on outpatient status under this title. The State Department
of Mental Health shall designate, for each county or region comprised
of two or more counties, a community program director who shall be
responsible for administering the community treatment programs for
persons committed from that county or region under the provisions
specified in Section 1600.
(b) The State Department of Mental Health shall notify in writing
the superior court, the district attorney, the county public defender
or public defense agency, and the county mental health director of
each county as to the person designated to be the community program
director for that county, and timely written notice shall be given
whenever a new community program director is to be designated.
(c) The community program director shall be the outpatient
treatment supervisor of persons placed on outpatient status under
this title. The community program director may delegate the
outpatient treatment supervision responsibility to a designee.
(d) The outpatient treatment supervisor shall, at 90-day intervals
following the beginning of outpatient treatment, submit to the
court, the prosecutor and defense counsel, and to the community
program director, where appropriate, a report setting forth the
status and progress of the defendant.



1606. Outpatient status shall be for a period not to exceed one
year. At the end of the period of outpatient status approved by the
court, the court shall, after actual notice to the prosecutor, the
defense counsel, and the community program director, and after a
hearing in court, either discharge the person from commitment under
appropriate provisions of the law, order the person confined to a
treatment facility, or renew its approval of outpatient status.
Prior to such hearing, the community program director shall furnish a
report and recommendation to the medical director of the state
hospital, where appropriate, and to the court, which the court shall
make available to the prosecutor and defense counsel. The person
shall remain on outpatient status until the court renders its
decision unless hospitalized under other provision of the law. The
hearing pursuant to the provisions of this section shall be held no
later than 30 days after the end of the one-year period of outpatient
status unless good cause exists. The court shall transmit a copy of
its order to the community program director or a designee.




1607. If the outpatient supervisor is of the opinion that the
person has regained competence to stand trial, or is no longer
insane, is no longer a mentally disordered offender, or is no longer
a mentally disordered *** offender, the community program director
shall submit his or her opinion to the medical director of the state
hospital, where appropriate, and to the court which shall calendar
the case for further proceedings under the provisions of Section
1372, 1026.2, or 2972 of this code or Section 6325 of the Welfare and
Institutions Code.


1608. If at any time during the outpatient period, the outpatient
treatment supervisor is of the opinion that the person requires
extended inpatient treatment or refuses to accept further outpatient
treatment and supervision, the community program director shall
notify the superior court in either the county which approved
outpatient status or in the county where outpatient treatment is
being provided of such opinion by means of a written request for
revocation of outpatient status. The community program director
shall furnish a copy of this request to the defense counsel and to
the prosecutor in both counties if the request is made in the county
of treatment rather than the county of commitment.
Within 15 judicial days, the court where the request was filed
shall hold a hearing and shall either approve or disapprove the
request for revocation of outpatient status. If the court approves
the request for revocation, the court shall order that the person be
confined in a state hospital or other treatment facility approved by
the community program director. The court shall transmit a copy of
its order to the community program director or a designee. Where the
county of treatment and the county of commitment differ and
revocation occurs in the county of treatment, the court shall enter
the name of the committing county and its case number on the order of
revocation and shall send a copy of the order to the committing
court and the prosecutor and defense counsel in the county of
commitment.



1609. If at any time during the outpatient period or placement with
a local mental health program pursuant to subdivision (b) of Section
1026.2 the prosecutor is of the opinion that the person is a danger
to the health and safety of others while on that status, the
prosecutor may petition the court for a hearing to determine whether
the person shall be continued on that status. Upon receipt of the
petition, the court shall calendar the case for further proceedings
within 15 judicial days and the clerk shall notify the person, the
community program director, and the attorney of record for the person
of the hearing date. Upon failure of the person to appear as
noticed, if a proper affidavit of service and advisement has been
filed with the court, the court may issue a body attachment for such
person. If, after a hearing in court conducted using the same
standards used in conducting probation revocation hearings pursuant
to Section 1203.2, the judge determines that the person is a danger
to the health and safety of others, the court shall order that the
person be confined in a state hospital or other treatment facility
which has been approved by the community program director.



1610. (a) Upon the filing of a request for revocation under Section
1608 or 1609 and pending the court's decision on revocation, the
person subject to revocation may be confined in a facility designated
by the community program 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 confinement until the
revocation hearing would pose an imminent risk of harm to the person
or to another. The facility so designated shall continue the patient'
s program of treatment, shall provide adequate security so as to
ensure both the safety of the person and the safety of others in the
facility, and shall, to the extent possible, minimize interference
with the person's program of treatment. Upon the request of the
community program director or a designee, a peace officer shall take,
or cause to be taken, the person into custody and transport the
person to a facility designated by the community program director for
confinement under this section. Within one judicial day after the
person is confined in a jail under this section, the community
program director shall apply in writing to the court for
authorization to confine the person pending the hearing under Section
1608 or Section 1609 or subdivision (c). The application shall be
in the form of a declaration, and shall specify the behavior or other
reason justifying the confinement of the person in a jail. Upon
receipt of the application for confinement, the court shall consider
and rule upon it, and if the court authorizes detention in a jail,
the court shall actually serve copies of all orders and all documents
filed by the community program director upon the prosecuting and
defense counsel. The community program director shall notify the
court in writing of the confinement of the person and of the factual
basis for the opinion that the immediate confinement in a jail was
necessary. The court shall supply a copy of these documents to the
prosecutor and defense counsel.
(b) The facility designated by the community program director may
be a state hospital, a local treatment facility, a county jail, or
any other appropriate facility, so long as the facility can continue
the person's program of treatment, provide adequate security, and
minimize interference with the person's program of treatment. If the
facility designated by the community program director is a county
jail, the patient shall be separated from the general population of
the jail. In the case of a ***ually violent predator, as defined in
Section 6600 of the Welfare and Institutions Code, who is held
pending civil process under the ***ually violent predator laws, the
person may be housed as provided by Section 4002. The designated
facility need not be approved for 72-hour treatment and evaluation
pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code); however, a county jail may not be designated
unless the services specified above are provided, and accommodations
are provided which ensure both the safety of the person and the
safety of the general population of the jail. Within three judicial
days of the patient's confinement in a jail, the community program
director shall report to the court regarding what type of treatment
the patient is receiving in the facility. If there is evidence that
the treatment program is not being complied with, or accommodations
have not been provided which ensure both the safety of the committed
person and the safety of the general population of the jail, the
court shall order the person transferred to an appropriate facility,
including an appropriate state hospital. Nothing in this subdivision
shall be construed as authorizing jail facilities to operate as
health facilities, as defined in Section 1250 of the Health and
Safety Code, without complying with applicable requirements of law.
(c) A person confined under this section shall have the right to
judicial review of his or her confinement in a jail under this
section in a manner similar to that which is prescribed in Article 5
(commencing with Section 5275) of Chapter 2 of Part 1 of Division 5
of the Welfare and Institutions Code and to an explanation of rights
in the manner prescribed in Section 5325 of the Welfare and
Institutions Code.
Nothing in this section shall prevent hospitalization pursuant to
the provisions of Section 5150, 5250, 5350, or 5353 of the Welfare
and Institutions Code.
(d) A person whose confinement in a treatment facility under
Section 1608 or 1609 is approved by the court shall not be released
again to outpatient status unless court approval is obtained under
Section 1602 or 1603.


1611. (a) No person who is on outpatient status pursuant to this
title or Section 2972 shall leave this state without first obtaining
prior written approval to do so from the committing court. The prior
written approval of the court for the person to leave this state
shall specify when the person may leave, when the person is required
to return, and may specify other conditions or limitations at the
discretion of the court. The written approval for the person to
leave this state may be in a form and format chosen by the committing
court.
In no event shall the court give written approval for the person
to leave this state without providing notice to the prosecutor, the
defense counsel, and the community program director. The court may
conduct a hearing on the question of whether the person should be
allowed to leave this state and what conditions or limitations, if
any, should be imposed.
(b) Any person who violates subdivision (a) is guilty of a
misdemeanor.



1612. Any person committed to a state hospital or other treatment
facility under the provisions of Section 1026, or Chapter 6
(commencing with Section 1367) of Title 10 of this code, or former
Section 6316 or 6321 of the Welfare and Institutions Code shall not
be released therefrom except as expressly provided in this title or
Section 1026.2.



1614. Persons ordered to undergo outpatient treatment under former
Sections 1026.1 and 1374 of the Penal Code and subdivision (a) of
Section 6325.1 of the Welfare and Institutions Code shall, on January
1, 1981, be considered as being on outpatient status under this
title and this title shall apply to such persons.



1615. Pursuant to Section 5709.8 of the Welfare and Institutions
Code, the State Department of Mental Health shall be responsible for
the community treatment and supervision of judicially committed
patients. These services shall be available on a county or regional
basis. The department may provide these services directly or through
contract with private providers or counties. The program or
programs through which these services are provided shall be known as
the Forensic Conditional Release Program.
The department shall contact all county mental health programs by
January 1, 1986, to determine their interest in providing an
appropriate level of supervision and treatment of judicially
committed patients at reasonable cost. County mental health agencies
may agree or refuse to operate such a program.
The State Department of Mental Health shall ensure consistent data
gathering and program standards for use statewide by the Forensic
Conditional Release Program.



1616. The state shall contract with a research agency which shall
determine the prevalence of severe mental disorder among the state
prison inmates and parolees, including persons admitted to prison,
the resident population, and those discharged to parole. An
evaluation of the array of services shall be performed, including
the correctional, state hospital, and local inpatient programs;
residential-level care and partial day care within the institutions
as well as in the community; and the individual and group treatment
which may be provided within the correctional setting and in the
community upon release. The review shall include the
interrelationship between the security and clinical staff, as well as
the architectural design which aids meeting the treatment needs of
these mentally ill offenders while maintaining a secure setting.
Administration of these programs within the institutions and in the
community shall be reviewed by the contracting agency. The ability
of treatment programs to prevent reoffenses by inmates with severe
mental disorders shall also be addressed. The process for evaluating
inmates and parolees to determine their need for treatment and the
ability to differentiate those who will benefit from treatment and
those who will not shall be reviewed.
The State Department of Mental Health, the Department of
Corrections, and the Department of Justice shall cooperate with the
research agency conducting this study.
The research agency conducting this study shall consult with the
State Department of Mental Health, the Department of Corrections, the
Department of Justice, and the Forensic Mental Health Association of
California in the design of the study.



1617. The State Department of Mental Health shall research the
demographic profiles and other related information pertaining to
persons receiving supervision and treatment in the Forensic
Conditional Release Program. An evaluation of the program shall
determine its effectiveness in successfully reintegrating these
persons into society after release from state institutions. This
evaluation of program effectiveness shall include, but not be limited
to, a determination of the rates of reoffense while these persons
are served by the program and after their discharge. This evaluation
shall also address the effectiveness of the various treatment
components of the program and their intensity.
The State Department of Mental Health may contract with an
independent research agency to perform this research and evaluation
project. Any independent research agency conducting this research
shall consult with the Forensic Mental Health Association concerning
the development of the research and evaluation design.



1618. The administrators and the supervision and treatment staff of
the Forensic Conditional Release Program shall not be held
criminally or civilly liable for any criminal acts committed by the
persons on parole or judicial commitment status who receive
supervision or treatment. This waiver of liability shall apply to
employees of the State Department of Mental Health, the Board of
Prison Terms, and the agencies or persons under contract to those
agencies, who provide screening, clinical evaluation, supervision, or
treatment to mentally ill parolees or persons under judicial
commitment or considered for placement under a hold by the Board of
Prison Terms.



1619. The Department of Justice shall automate the criminal
histories of all persons treated in the Forensic Conditional Release
Program, as well as all persons committed as not guilty by reason of
insanity pursuant to Section 1026, incompetent to stand trial
pursuant to Section 1370 or 1370.2, any person currently under
commitment as a mentally disordered *** offender, and persons treated
pursuant to Section 1364 or 2684 or Article 4 (commencing with
Section 2960) of Chapter 7 of Title 1 of Part 3.



1620. The Department of Justice shall provide mental health
agencies providing treatment to patients pursuant to Sections 1600 to
1610, inclusive, or pursuant to Article 4 (commencing with Section
2960) of Chapter 7 of Title 1 of Part 3, with access to criminal
histories of those mentally ill offenders who are receiving treatment
and supervision. Treatment and supervision staff who have access to
these criminal histories shall maintain the confidentiality of the
information and shall sign a statement to be developed by the
Department of Justice which informs them of this obligation.
[/align]

[هيثم الفقى]

[align=left]
IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS
ESTABLISHMENT OF STATE PRISONS
California Institution for Men



2000. There is and shall continue to be a State prison to be known
as the California Institution for Men.



2001. The California Institution for Men shall be located at Chino,
San Bernardino County, California.



2002. The primary purpose of the California Institution for Men
shall be for the imprisonment of male offenders who, in the opinion
of the department, seem capable of moral rehabilitation and
restoration to good citizenship.
[/align]

[هيثم الفقى]

[align=left]2020. There is and shall continue to be a State prison to be known
as the California State Prison at San Quentin.



2021. The California State Prison at San Quentin shall be located
at San Quentin, in Marin County, California.



2022. The primary purpose of the California State Prison at San
Quentin shall be to provide confinement, industrial and other
training, treatment, and care to persons confined therein.[/align]

[هيثم الفقى]

[align=left]2030. There is and shall continue to be a State prison to be known
as the California State Prison at Folsom.



2031. The California State Prison at Folsom shall be located at
Folsom, in Sacramento County, California.



2032. The primary purpose of the California State Prison at Folsom
shall be to provide confinement, industrial and other training,
treatment, and care to persons confined therein.[/align]

[هيثم الفقى]

[align=left]

2035. There is hereby established an institution for the
confinement of males under the custody of the Director of Corrections
and the Youth Authority to be known as the Deuel Vocational
Institution.



2037. There may be transferred to and confined in the Deuel
Vocational Institution any male, subject to the custody, control and
discipline of the Director of Corrections, or any male, subject to
the custody, control and discipline of the Youth Authority who has
been committed to the Youth Authority under the provisions of Section
1731.5 of the Welfare and Institutions Code, who the Director of
Corrections or Youth Authority, as the case may be, believes will be
benefited by confinement in such an institution.



2039. The Governor, upon recommendation of the Director of
Corrections, in accordance with Section 6050, shall appoint a warden
for the Deuel Vocational Institution. The director shall appoint,
subject to civil service, those other officers and employees as may
be necessary.
The Director of Corrections may remove a warden at his or her own
discretion at any time.



2040. The Director of Corrections shall construct and equip, in
accordance with law, suitable buildings, structures, and facilities
for the Deuel Vocational Institution.



2041. Part 3 (commencing with Section 2000) shall apply to the
Deuel Vocational Institution and to the persons confined therein so
far as those provisions may be applicable. Whenever the name
California Vocational Institution appears in any statute, it shall be
deemed for all purposes to refer to the Deuel Vocational
Institution.



2042. Every minor person confined in the Deuel Vocational Institute
who escapes or attempts to escape therefrom is guilty of a crime and
shall be imprisoned in a state prison, or in the county jail for not
exceeding one year.[/align]

[هيثم الفقى]

[align=left]2043. The Director of Corrections is authorized to establish a
state prison for the confinement of males under the custody of the
Director of Corrections to be known as the California Correctional
Center at Susanville.


2043.1. The primary purpose of the state prison authorized to be
established by Section 2043 shall be to provide custody and care, and
industrial, vocational, and other training to persons confined
therein.


2043.2. Any person under the custody of the Director of Corrections
may be transferred to the California Correctional Center at
Susanville in accordance with law.



2043.4. The warden of the California Correctional Center at
Susanville shall be appointed pursuant to Section 6050 and the
Director of Corrections shall appoint, subject to civil service,
those other officials and employees as may be necessary.




2043.5. Part 3 (commencing with Section 2000) shall apply to the
California Correctional Center at Susanville and to the persons
confined therein, insofar as those provisions may be applicable.[/align]