California Government Code

§ 26605.5

GOV § 26605.5 Effective Jan 1, 1993Div. 2 · Title 3 · Part 3 · Ch. 2 · Art. 1

Statute text

(a)The sheriff has the authority, after conferring with a physician who is neither a county employee nor under a preexisting contract with the county, to release from a county correctional facility for transfer to a medical facility or residential care facility, a prisoner whose physical condition, in the opinion of the examining physician, is such that he or she is rendered incapable of causing harm to others upon or after release from custody. Prior to authorizing the release, however, the sheriff shall first determine that all of the following conditions exist:

(1)The prisoner, upon diagnosis by the examining physician, is deemed to be so severely physically incapacitated that he or she poses no threat to the safety of others.

(2)The examining physician has no reasonable expectation that the prisoner’s physical condition will improve to the extent that he or she could pose a threat to the safety of others.

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Legislative history

Added by Stats. 1992, Ch. 697, Sec. 7. Effective January 1, 1993.