California, United States of America
The following excerpt is from People v. Brewer, D072555 (Cal. App. 2018):
4. Penal Code section 1602 provides in part: "(a) Before any person subject to the provisions of subdivision (b) of [Penal Code s]ection 1601 may be placed on outpatient status, the court shall consider all of the following criteria: [] (1) In the case of a person who is an inpatient, the director of the state hospital or other treatment facility to which the person has been committed advises the court that the defendant will not be a danger to the health and safety of others while on outpatient status, and will benefit from such outpatient status. [] (2) In all cases, the community program director or a designee advises the court that the defendant will not be a danger to the health and safety of others while on outpatient status, will benefit from such status, and identifies an appropriate program of supervision and treatment. [] . . . [] (d) Any evaluations and recommendations pursuant to paragraphs (1) and (2) of subdivision (a) shall include review and consideration of complete, available information regarding the circumstances of the criminal offense and the person's prior criminal history." (See People v. Harner (1989) 213 Cal.App.3d 1400, 1404.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.