California Court of Appeal

In a case involving the transfer of defendants who have been found mentally incompetent to stand trial (IST) to the Department of State Hospitals (DSH) for treatment and Penal Code section 1370, which sets forth the required procedure for making this transfer, the trial court's grant of consolidated writ petitions requesting that the court order DSH to admit IST defendants from Contra Costa County to DSH-Napa within four weeks after a trial court makes an order of commitment, is affirmed over claims that the order impedes DSH's ability to carry out its statutory duties under section 1370, where, during the pendency of this appeal, the Legislature made statutory changes related to the placement of IST defendants, and those changes do not materially affect the applicability of the standing order in the particular circumstances of this case.

Appellate Information

• Published 2016/02/11

Judges

• KLINE

Court

• California Court of Appeal

Counsel