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(8.18) What are the different commitment orders?

(8.18) What are the different commitment orders?

The most common commitment orders are:

  • Welfare & Institutions Code, section 6500: This is used to commit people with intellectual disabilities who are found to be dangerous to themselves or others. The court must decide what is the least restrictive environment for the person to live.[1]Welfare and Institutions Code section 6509. The court must review the commitment every year.
  • Penal Code, section 1370.1: This is used for people who are “incompetent to stand trial” (IST) on criminal charges because of a developmental disability.[2]For a more detailed description, see Disability Rights California’s publication Forensic Mental Health Legal Issues, found … Continue reading It is also called a forensic commitment. The commitment is for no more than 2 years.
  • Penal Code, section 1026: This is for people declared “not guilty by reason of insanity” (NGI). It lasts until “sanity has been restored” or until their sentence ends.

We do not cover the complicated procedures for commitment orders here.[3]See the DDS publication Admission and Community Re-entry Processes at State Residential Facilities: A Guide to Statutory Requirements, Judicial Findings (Case Law) and Administrative Procedures in … Continue reading You should work with your attorney, often a public defender, who is assigned to protect your rights.

References
1 Welfare and Institutions Code section 6509.
2 For a more detailed description, see Disability Rights California’s publication Forensic Mental Health Legal Issues, found here: https://www.disabilityrightsca.org/publications/forensic-mental-health-legal-issues
3 See the DDS publication Admission and Community Re-entry Processes at State Residential Facilities: A Guide to Statutory Requirements, Judicial Findings (Case Law) and Administrative Procedures in California. Find it online at: www.dds.ca.gov/wp-content/uploads/2019/03/CC_CommReEntry_20190318-1.pdf.