California Court of Appeal

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In re Williams, B252654

A petition for writ of habeas corpus challenging petitioner's continued placement in county jail is granted and remanded, where: 1) petitioner was declared mentally incompetent to stand trial due toa developmental disability; 2) pursuant to Penal Code section 1370.1, a recommendation was provided to the trial court to place petitioner at Porterville Development Center (PDC) to receive services that would restore petitioner to competency; 3) PDC rejected petitioner's placement due to safety concerns, and under Welfare and Institutions Code section 6510.5, the court could not then commit petitioner to PDC; 4) the trial court ordered petitioner to remain in county jail with competency services provided to him during such incarceration; 5) a county jail may not be considered a treatment facility for the purposes of placement under section 1370.1 when placing individuals with developmental disabilities; 6) absent a determination that petitioner is substantially likely to recover competency in the foreseeable future, continued confinement in county jail would be a violation of petitioner's due process rights; and 7) steps may be taken to ensure proper alternative placement options are provided for petitioner's treatment, even if PDC maintains their rejection of petitioner due to safety concerns.

Appellate Information

  • Decided 08/08/2014
  • Published 08/08/2014

Judges

  • BIGELOW

Court

  • California Court of Appeal

Counsel