California · Welfare and Institutions Code - WIC

WIC §5275: Every person detained under this part shall have a right to a hearing by writ of habeas corpus for their release after they or any person acting on their behalf has made a request for release to eithe

Misdemeanor

What this law says, in plain English

Persons detained for intensive treatment have the right to request a habeas corpus hearing for release. Staff must document and promptly report such requests to the court. Intentionally violating these procedures is a misdemeanor offense.

Read the full statutory text

Every person detained under this part shall have a right to a hearing by writ of habeas corpus for their release after they or any person acting on their behalf has made a request for release to either (a) the person delivering the copy of the notice of certification to the person certified at the time of the delivery, or (b) to any member of the treatment staff of the facility providing intensive treatment, at any time during treatment pursuant to this part. Any person delivering a copy of the certification notice or any member of the treatment staff to whom a request for release is made shall promptly provide the person making the request for their signature or mark a copy of the form set forth below. The person delivering the copy of the certification notice or the member of the treatment staff, as the case may be, shall fill in their own name and the date, and, if the person signs by mark, shall fill in the person’s name, and shall then deliver the completed copy to the professional person in charge of the intensive treatment facility, or their designee, notifying them of the request. As soon as possible, the person notified shall inform the superior court for the county in which the facility is located of the request for release. Any person who intentionally violates this section is guilty of a misdemeanor. The form for a request for release shall be substantially as follows: (Name of the facility) ___ day of ____ 20__ I, ____ (member of the treatment staff, or person delivering the copy of the certification notice), have today received a request for the release of ____ (name of patient) from the undersigned patient on the patient’s own behalf or from the undersigned person on behalf of the patient. Signature or mark of patient making request for release Signature or mark of person making request on behalf of patient

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