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Cal. Welf. & Inst. Code § 5369

Conservatorship for Persons with a Grave Disability

Known as the Lanterman-Petris-Short Act

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

Applied in 3 court decisions — leading case 71 Cal. App. 4th 1230 - In Re Polk (1999)

Most recently applied in 4 Cal. 5th 96 - Jackson v. Superior Court of Riverside Cnty. (December 2017)

Added by Stats. 1974, Ch. 1511.

When a conservatee who has criminal charges pending against him and has been found mentally incompetent under Section 1370 of the Penal Code recovers his mental competence, the conservator shall certify that fact to the court, sheriff, and district attorney of the county in which the criminal charges are pending and to the defendant’s attorney of record.

The court shall order the sheriff to immediately return the defendant to the court in which the criminal charges are pending. Within two judicial days of the defendant’s return, the court shall hold a hearing to determine whether the defendant is entitled to be admitted to bail or released upon his own recognizance pending conclusion of criminal proceedings.

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