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Which Criminal Cases Are Transferred to Mental Health Court?

The types of Mental Health cases that originate in the criminal justice system are found in both the California Penal Code (PC) and the California Welfare and Institutions Code (WIC). The case can include:

  • Doubt as to mental competence (PC 1368/1370.1/1372)
  • Mentally disordered sex offender extension/monitoring/revocation (WIC 6316/6316.2)
  • Not guilty by reason of insanity/extension/monitoring/revocation (PC 1026/1026.2/1026.5(b))
  • Youth authority extension of a dangerous person (WIC 1800)
  • Commitment to a mental hospital as a condition of parole (PC 2970)
  • Committed a crime alleged due to addiction or in danger of becoming addicted to narcotics (WIC 3050/3051)
For mental competence cases, the mental health legal issues are handled by the Mental Health Court and, if competence is restored, the original Criminal case is transferred back to the original Criminal Courthouse.

For the complete Penal Code information, go to the California Penal Code.

For the complete Welfare and Institutions Code information, go to the California Welfare and Institutions Code.
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Questions about Organization of Mental Health Court
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What are the different hearings held under the Lanterman-Petris-Short (LPS) Act
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