In determining whether continued inpatient treatment will be beneficial to the minor, the reviewing psychiatrist shall consider all reasonably available clinical information that is relevant to the determination. The psychiatrist shall also interview the minor and consult with the treating clinician. The psychiatrist must be notified if the minor received medication while an inpatient. The person in favor of inpatient treatment must inform the psychiatrist of the proposed treatment plan for the minor and whether the minor has had a previous independent clinical review.
The medical director should immediately forward the records of patients voluntarily admitted to a state hospital for mental disorder or developmental disability to the State Department of Mental Health or the State Department of Developmental services.
The psychiatrist conducting the independent medical review of an inpatient minor must keep a record of the proceeding. After considering all of the clinical information, the psychiatrist shall issue a binding decision whether to continue in-patient treatment.
No mentally retarded person may be committed to the Department of Developmental Services unless he is a danger to himself or others. If the mentally retarded person is in the care of a treatment facility when the petition for commitment is filed, evidence of a recent act is not required to find that the person is a danger to self or others. Note: This provision was held unconstitutional in People v. Bailie, 144 Cal.App.4th 841 (2006).
A petition may be filed for the commitment to the State Department of Developmental Services of a mentally retarded person who has been incompetent to stand trial. Requests for the filing of petitions must include reasons supporting the subject of the petition's eligibility for commitment.
When a petition is filed to commit a mentally retarded person, the court shall appoint a regional center for the developmentally disabled director to examine the alleged mentally retarded person. The director must submit a written report of the evaluation to the court which includes recommended facility placement. The director shall also submit the report to the executive director of the recommended facility. The executive report of the facility may submit a report to the court addressing the ability of the facility to provide treatment to the person.
In order to determine the condition of an alleged mentally retarded person, the court may subpoena the attendance of a physician specializing in mental retardation and of a clinical psychologist to examine the person and testify of his mentality. The court may also subpoena the attendance of other persons to give evidence.
Upon finding the person to be mentally retarded and that he is a danger to himself or to others, the court may order the person to be committed to the Department of Developmental Services for treatment and habilitation services in the least restrictive residential placement necessary to achieve treatment purposes. The court must hold a hearing regarding the available placement alternatives and consider reports from the regional center director to determine the most appropriate placement.
A person being committed to the custody of the Department of Mental Health after determined to be a sexually violent predator shall be evaluated by two psychologists or psychiatrists or by one psychologist and one psychiatrist.
An individual determined to be a sexually violent predator and under the custody of the State Department of Mental Health must have a examination of his condition at least annually. The annual report of such examination must include consideration of whether the person still meets the definition of a sexually violent predator and whether a conditional or unconditional release would be appropriate. The Department of Mental Health must file the report with the court that committed the individual.
