California, United States of America
The following excerpt is from People v. Henderson, 187 Cal.App.3d 1263, 233 Cal.Rptr. 141 (Cal. App. 1986):
No reported cases have construed Penal Code section 1603; however, the statutory framework and the language used in Penal Code section 1603 suggest the court must exercise its discretion in evaluating a motion [187 Cal.App.3d 1268] for outpatient status, and we so hold. (See, e.g., People v. Lock (1981) 30 Cal.3d 454, 458, 179 Cal.Rptr. 56, 637 P.2d 292 [the court construed similar "may" language to require the trial court's exercise of discretion].)
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