The court also provided DSH with adequate due process and properly admitted defendants’ supporting evidence.įiled 9/30/19 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR THE PEOPLE, Plaintiff, A153313 v. The trial court had the authority to sanction DSH under Code of Civil Procedure section 177.5 and applied the statute correctly. The 60-day limit satisfies defendants’ due process rights while allowing time for DSH to place each defendant and to prepare the 90-day reports. The court of appeal reversed as to one defendant but otherwise affirmed. The trial court found that DSH violated the Standing Order as to 11 of the defendants and imposed sanctions in the amount of $1,500 per defendant. A class of IST defendants who were subject to prolonged detention while awaiting hospital admission sought sanctions against DSH (Code of Civil Procedure 177.5), claiming they were not timely admitted to a state hospital. A Standing Order in Contra Costa County mandates that the county’s IST defendants be admitted to a state hospital no more than 60 days after the date the defendant is committed, provided DSH receives the defendant’s records within five days of commitment. The Department of State Hospitals (DSH) oversees state hospitals that provide treatment for individuals found incompetent to stand trial (IST).
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |