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California Law (Last Updated: March 4, 2014) |
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Penal Code - PEN |
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Part 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS |
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Title 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS |
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Chapter 1. Investigation, Identification, and Information Responsibilities of the Department of Justice |
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ARTICLE 3. Criminal Identification and Statistics |
Section 11105.1.
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(a) The following persons shall be furnished with state summary criminal history information when needed in the course of their duties:
(1) The director of a state hospital or other treatment facility to which a person is committed for treatment under Sections 1026 and 1370 of the Penal Code, or Section 5250, if committed for being dangerous to others, or Section 5300, or former Section 6316 or 6321, of the Welfare and Institutions Code.
(2) The community program director or the director's designee under any of the following conditions:
(A) When ordered to evaluate a defendant for the court under paragraph (2) of subdivision (a) of Section 1370 and subdivision (b) of Section 1026 of the Penal Code, or paragraph (2) of subdivision (a) of former Section 6316 of the Welfare and Institutions Code.
(B) When ordered to provide outpatient treatment and supervision services under Title 15 (commencing with Section 1600) of Part 2 of the Penal Code.
(C) When a patient is committed for being dangerous to others under Section 5250 of the Welfare and Institutions Code.
(D) When the director or the director's designee provides evaluation, supervision, or treatment for a person under Section 2964 or 2972.
(3) The officer providing conservatorship investigation under Section 5354 of the Welfare and Institutions Code in cases where referral for conservatorship is made while the proposed conservatee is being treated under Section 1026 or 1370 of the Penal Code or Section 5250, if committed for being dangerous to others, or Section 5300, or former Section 6316 or 6321, of the Welfare and Institutions Code.
(b) In all instances pursuant to subdivision (a), the criminal history record shall be transmitted by the court with the request for evaluation or during the conservatorship investigation or with the order committing the person to a treatment facility or approving outpatient status, except that the director of a state hospital, the county mental health director, and the officer providing conservatorship investigation may receive the state summary criminal history information from the law enforcement agency that referred the person for evaluation and treatment under Section 5150 of the Welfare and Institutions Code if the person has been subsequently committed for being dangerous to others under Section 5250 of the Welfare and Institutions Code. Information obtained under this subdivision shall not be included in any document which will become part of a public record.