Sunday, September 28, 2014

Jimmy Rustle

WELFARE AND INSTITUTIONS CODE
SECTION 5250-5259.3

5250.  If a person is detained for 72 hours under the provisions of
Article 1 (commencing with Section 5150), or under court order for
evaluation pursuant to Article 2 (commencing with Section 5200) or
Article 3 (commencing with Section 5225) and has received an
evaluation, he or she may be certified for not more than 14 days of
intensive treatment related to the mental disorder or impairment by
chronic alcoholism, under the following conditions:
   (a) The professional staff of the agency or facility providing
evaluation services has analyzed the person's condition and has found
the person is, as a result of mental disorder or impairment by
chronic alcoholism, a danger to others, or to himself or herself, or
gravely disabled.
   (b) The facility providing intensive treatment is designated by
the county to provide intensive treatment, and agrees to admit the
person. No facility shall be designated to provide intensive
treatment unless it complies with the certification review hearing
required by this article. The procedures shall be described in the
county Short-Doyle plan as required by Section 5651.3.
   (c) The person has been advised of the need for, but has not been
willing or able to accept, treatment on a voluntary basis.
   (d) (1) Notwithstanding paragraph (1) of subdivision (h) of
Section 5008, a person is not "gravely disabled" if that person can
survive safely without involuntary detention with the help of
responsible family, friends, or others who are both willing and able
to help provide for the person's basic personal needs for food,
clothing, or shelter.
   (2) However, unless they specifically indicate in writing their
willingness and ability to help, family, friends, or others shall not
be considered willing or able to provide this help.
   (3) The purpose of this subdivision is to avoid the necessity for,
and the harmful effects of, requiring family, friends, and others to
publicly state, and requiring the certification review officer to
publicly find, that no one is willing or able to assist the mentally
disordered person in providing for the person's basic needs for food,
clothing, or shelter.


5250.1.  The professional person in charge of a facility providing
intensive treatment, pursuant to Section 5250 or 5270.15, or that
person's designee, shall notify the county mental health director, or
the director's designee, and the peace officer who made the original
written application for 72-hour evaluation pursuant to Section 5150
or a person who is designated by the law enforcement agency that
employs the peace officer, that the person admitted pursuant to the
application has been released unconditionally if all of the following
conditions apply:
   (a) The peace officer has requested notification at the time he or
she makes the application for 72-hour evaluation.
   (b) The peace officer has certified in writing at the time he or
she made the application that the person has been referred to the
facility under circumstances which, based upon an allegation of facts
regarding actions witnessed by the officer or another person, would
support the filing of a criminal complaint.
   (c) The notice is limited to the person's name, address, date of
admission for 72-hour evaluation, date of certification for intensive
treatment, and date of release.
   If a police officer, law enforcement agency, or designee of the
law enforcement agency, possesses any record of information obtained
pursuant to the notification requirements of this section, the
officer, agency, or designee shall destroy that record two years
after receipt of notification. 
 
 
 Jimmy russelled...










 Luckily...


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