A person committed to the care of the State Department of State Hospitals because he or she is incompetent to stand trial or to be adjudged to punishment is eligible for compassionate release pursuant to § 4146 of the Welfare and Institutions Code. In any case in which the criteria for compassionate release apply, the State Department of State Hospitals shall follow the procedures and standards in § 4146 of the Welfare and Institutions Code to determine if the department should recommend to the court that the person’s commitment for treatment and the underlying criminal charges be suspended for compassionate release.

(Added by Stats. 2016, Ch. 715, Sec. 2. (SB 955) Effective January 1, 2017.)

Terms Used In California Penal Code 1370.015

  • person: includes a corporation as well as a natural person. See California Penal Code 7
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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