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Cal. Welf. & Inst. Code § 5303

Postcertification Procedures for Imminently Dangerous Persons

Known as the Lanterman-Petris-Short Act

The act spans §§ 5000 to 5550 (263 sections).

Applied in 2 court decisions — leading case 120 Cal. App. 3d 877 - People v. Pacini (1981)

Most recently applied in 60 Cal. 4th 815 - Hudec v. Superior Court (January 2015)

Amended by Stats. 1968, Ch. 1374.

The court shall conduct the proceedings on the petition for postcertification treatment within four judicial days of the filing of the petition and in accordance with constitutional guarantees of due process of law and the procedures required under Section 13 of Article 1 of the Constitution of the State of California.

If at the time of the hearing the person named in the petition requests a jury trial, such trial shall commence within 10 judicial days of the filing of the petition for postcertification treatment unless the person’s attorney requests a continuance, which may be for a maximum of 10 additional judicial days. The decison of the jury must be unanimous in order to support the finding of facts required by Section 5304.

Until a final decision on the merits by the trial court the person named in the petition shall continue to be treated in the intensive treatment facility until released by order of the superior court having jurisdiction over the action, or unless the petition for postcertification treatment is withdrawn. If no decision has been made within 30 days after the filing of the petition, not including extensions of time requested by the person’s attorney, the person shall be released.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.