(a)If, in the opinion of the Secretary of the Department of Corrections and Rehabilitation, the rehabilitation of any mentally ill, mentally deficient, or insane person confined in a state prison may be expedited by treatment at any one of the state hospitals under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, the Secretary of the Department of Corrections and Rehabilitation, with the approval of the Board of Parole Hearings for persons sentenced pursuant to subdivision (b) of Section 1168, shall certify that fact to the director of the appropriate department who shall evaluate the prisoner to determine if he or she would benefit from care and treatment in a state hospital. If the
director of the appropriate department so determines, the superintendent of the hospital shall receive the prisoner and keep him or her until in the opinion of the superintendent the person has been treated to the extent that he or she will not benefit from further care and treatment in the state hospital.
(b)Whenever the Secretary of the Department of Corrections and Rehabilitation receives a recommendation from the court that a defendant convicted of a violation of Section 646.9 and sentenced to confinement in the state prison would benefit from treatment in a state hospital pursuant to subdivision (a), the secretary shall consider the recommendation. If appropriate, the secretary shall certify that the rehabilitation of the defendant may be expedited by treatment in a state hospital and subdivision (a) shall apply.
Notes of Decisions
Cited in
17
cases (
2 in the last 5 years), 1961–2025 · leading case:
Hydrick v. McDaniel, 500 F.3d 978 (9th Cir. 2007).
Hydrick v. McDaniel, 500 F.3d 978 (9th Cir. 2007).
· cites it 2× “Penal Code § 1370 (covering patients "incompetent to stand trial"); Cal.Penal Code §§ 2962, 2964 (covering "mentally disordered offenders" serving their parole time); Cal.”
People v. Sage, 611 P.2d 874 (Cal. 1980).
· cites it 2× “(Pen. Code, §§ 2684, 2685.) What compelling interest justifies such a distinction between presentence and postsentence time spent in state hospitals? Even prisoners in the county jail are statutorily entitled to behavior and participation credits for presentence time spent in…”
Hydrick v. Hunter, 466 F.3d 676 (9th Cir. 2006).
“Welfare and Institutions Code § 6316 (covering “mentally disordered sex offenders”); CaLPenal Code § 2684 (covering mentally ill prisoners transferred to Atascadero State Hospital for psychiatric stabilization).”
People v. Watson, 171 P.3d 1101 (Cal. 2007).
“Penal Code section 2684 1 provides for the transfer of a mentally ill prisoner to a state hospital under the jurisdiction of the State Department of Mental Health if it is determined that such a transfer would expedite the prisoner’s rehabilitation.”
People v. Putney, 1 Cal. App. 5th 1058 (Cal. Ct. App. 2016).
“” (Pen. Code, § 2684, subd. (a).) “Unlike a person committed to a state hospital as a mentally disordered offender or [SVP], a prisoner who is transferred pursuant to [Penal Code] section 2684 still is serving a sentence of a term of years in state prison and is confined…”
Dep't of Developmental Servs. v. Ladd, 224 Cal. App. 3d 128 (Cal. Ct. App. 1990).
· cites it 2× “[9] By regulation the Department of Corrections is charged with providing a broad range of mental health services for its inmates, including specialized programs, to the extent of available resources.”
In re Cathey, 361 P.2d 426 (Cal. 1961).
“(Pen. Code, § 2684.) He may transfer prisoners from one institution of the Department of Corrections to another (Pen.”
People v. Superior Court (Martin), 132 Cal. App. 3d 658 (Cal. Ct. App. 1982).
“” 2 Penal Code section 2684 provides: “If, in the opinion of the Director of Corrections, the rehabilitation of any mentally ill, mentally deficient, or insane person confined in a *663 state prison may be expedited by treatment at any one of the state hospitals under the…”
Woodard v. Mayberg, 242 F. Supp. 2d 695 (N.D. Cal. 2003).
“See Cal.Penal Code § 2684(a). 10 . Nor is this one of those rare cases where prejudice should be presumed because counsel "entirely fail[ed] to subject the prosecution's case to meaningful adversarial testing.”
People v. Cowsar, 40 Cal. App. 3d 578 (Cal. Ct. App. 1974).
“(Pen. Code, § 2684.) Again, no rationale is offered for the disparity in treatment between defendants on the basis of the time of their mental illness, an event out of the control of the defendant.”
In re Bennett, 454 P.2d 33 (Cal. 1969).
“(Pen. Code, § 2684.) Atascadero is an institution under the jurisdiction of the Department of Mental Hygiene.”
Hydrick v. Demorales, 449 F.3d 978 (9th Cir. 2006).
· cites it 2× “Welfare and Institutions Code § 6316 (covering “mentally disordered sex offenders”); Cal. Penal Code § 2684 (covering mentally ill prisoners trans- ferred to Atascadero State Hospital for psychiatric stabiliza- tion).”
Cal. Penal Code § 2684(a): 1 case
Woodard v. Mayberg, 242 F. Supp. 2d 695 (N.D. Cal. 2003).
“See Cal.Penal Code § 2684(a). 10 . Nor is this one of those rare cases where prejudice should be presumed because counsel "entirely fail[ed] to subject the prosecution's case to meaningful adversarial testing.”
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