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California Law (Last Updated: March 4, 2014) |
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Welfare and Institutions Code - WIC |
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Division 7. MENTAL INSTITUTIONS |
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Chapter 2. State Hospitals for the Mentally Disordered |
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ARTICLE 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals |
Section 7362.
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The medical superintendent of a state hospital, on filing his or her written certificate with the Director of State Hospitals, may on his or her own motion, and shall on the order of the State Department of State Hospitals, discharge any patient who comes within any of the following descriptions:
(a) Who is not a proper case for treatment therein.
(b) Who is developmentally disabled or is affected with a chronic harmless mental disorder.
The person, when discharged, shall be returned to the county of his or her residence at the expense of the county, and delivered to the sheriff or other appropriate county official to be designated by the board of supervisors, for delivery to the official or agency in that county charged with the responsibility for the person. Should the person be a poor and indigent person, he or she shall be cared for by the county as are other indigent poor.
No person who has been discharged from any state hospital under the provisions of subdivision (b) above shall be again committed to any state hospital for the mentally disordered unless he or she is subject to judicial commitment.