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Summary:

A person participating in a deferred entry of judgment program or a preguilty plea program, may also participate in a licensed methadone or levoalphacetylmethadol (LAAM) program if certain conditions are met, including: the participant allows release of his or her medical records to the court presiding over his or her preguilty/deferred entry program for the limited purpose of determining whether the participant is duly enrolled in the licensed methadone or LAAM program and is in compliance with deferred entry or preguilty plea program rules.

Summary:

A person participating in a deferred entry of judgment program or a preguilty plea program, may also participate in a licensed methadone or levoalphacetylmethadol (LAAM) program if certain conditions are met, including: the participant allows release of his or her medical records to the court presiding over his or her preguilty/deferred entry program for the limited purpose of determining whether the participant is duly enrolled in the licensed methadone or LAAM program and is in compliance with deferred entry or preguilty plea program rules.

Summary:

(a)(1) If a defendant is found mentally incompetent, the trial judgment shall be suspended until the defendant becomes mentally competent. The court clerk shall notify the Department of Justice of any finding of mental incompetence to be included in the defendant's state summary criminal history information, if it is pertaining to a defendant required to register as a sex offender. (2) Before issuing an order to confine a defendant in a residential facility or to place him on outpatient status, the court shall make the community program director evaluate the defendant and submit a recommendation for placement. The court order shall include the court's finding regarding the administering of antipsychotics. (3) If the defendant is placed in a residential facility, the listed documents shall be provided to the facility including any court-ordered psychiatric evaluation reports, the community director's placement recommendation report, and records of any finding of mental incompetence. (4) If the court commi

Summary:

(e) (1) Notwithstanding any other law and consistent with paragraph (1) of subdivision (a), if the secretary or the Board of Parole Hearings or both determine that a prisoner satisfies the criteria set forth in paragraph (2), the secretary or the board may recommend to the court that the prisoner's sentence be recalled. (2) The court shall have the discretion to resentence or recall if the court finds that the facts described in subparagraphs (A) and (B) or subparagraphs (B) and (C) exist: (A) The prisoner is terminally ill with an incurable condition caused by an illness or disease that would produce death within six months, as determined by a physician employed by the department. (B) The conditions under which the prisoner would be released or receive treatment do not pose a threat to public safety. (C) The prisoner is permanently medically incapacitated with a medical condition that renders him or her permanently unable to perform activities of basic daily living, and results in the prisoner requiring 24-hour total care, including, but not limited to, coma, persistent vegetative state, brain death, ventilator-dependency, loss of control of muscular or neurological function, and that incapacitation did not exist at the time of the original sentencing. The Board of Parole Hearings shall make findings pursuant to this subdivision before making a recommendation for resentence or recall to the court. This subdivision does not apply to a prisoner sentenced to death or a term of life without the possibility of parole. (3) Within 10 days of receipt of a positive recommendation by the secretary or the board, the court shall hold a hearing to consider whether the prisoner's sentence should be recalled. (4) Any physician employed by the department who determines that a prisoner has six months or less to live shall notify the chief medical officer of the prognosis. If the chief medical officer concurs with the prognosis, he or she shall notify the warden. Within 48 hours of receiving notification, the warden or the warden's representative shall notify the prisoner of the recall and resentencing procedures, and shall arrange for the prisoner to designate a family member or other outside agent to be notified as to the prisoner's medical condition and prognosis, and as to the recall and resentencing procedures. If the inmate is deemed mentally unfit, the warden or the warden's representative shall contact the inmate's emergency contact and provide the information described in paragraph (2). (5) The warden or the warden's representative shall provide the prisoner and his or her family member, agent, or emergency contact, as described in paragraph (4), updated information throughout the recall and resentencing process with regard to the prisoner's medical condition and the status of the prisoner's recall and resentencing proceedings. . . . (7) Any recommendation for recall submitted to the court by the secretary or the Board of Parole Hearings shall include one or more medical evaluations, a postrelease plan, and findings pursuant to paragraph (2). . . . (9) If the court grants the recall and resentencing application, the prisoner shall be released by the department within 48 hours of receipt of the court's order, unless a longer time period is agreed to by the inmate. At the time of release, the warden or the warden's representative shall ensure that the prisoner has each of the following in his or her possession: a discharge medical summary, full medical records, state identification, parole medications, and all property belonging to the prisoner. After discharge, any additional records shall be sent to the prisoner's forwarding address.

Summary:

Upon conviction for prostitution, a court shall order defendant to undergo HIV testing and a report shall made available to the court and State Department of Health Services. At the sentencing hearing, the court shall furnish a copy of the test results to the defendant. Reports of the test results shall be confidential, although Department of Health Services shall furnish copies of any report to a district attorney upon request.

Summary:

If a person is granted formal probation for a crime of domestic violence, the probation department shall make an investigation and take into consideration such factors such as medical history. Such information shall be provided to the batterer's program as requested.

Summary:

Probation departments shall compile a Facts of Offense Sheet for registered sex offenders. These records may include the State-Authorized Risk Assessment Tool for Sex Offenders, which includes information pertaining to mental illness and other medical information. The defendant is given an opportunity to petition for corrections to the Facts of Offense Sheet. The probation officer shall transmit the Facts of Offense Sheet to the Department of Justice, which will redistribute the information to various law enforcement agencies and the Department of Mental Health.

Summary:

If a defendant is found mentally incompetent and is developmentally disabled, the trial judgment shall be suspended until the defendant becomes mentally competent. The court clerk shall notify the Department of Justice of any finding of mental incompetence to be included in the defendant's state summary criminal history information, if it is pertaining to a defendant required to register as a sex offender. Before issuing an order to confine a defendant in a residential facility or to place him on outpatient status, the court shall make the regional director evaluate the defendant and submit a recommendation for placement. If the defendant is placed in a residential facility, the following documents shall be provided to the facility: state summary criminal history information, any arrest reports, and records of any finding of mental incompetence.

Summary:

A victim with probable cause of fluid contact with defendant may request HIV testing of the defendant via search warrant. The local health officer will then disclose the results to both the victim and defendant. The victim may disclose test results as necessary to protect personal health and safety or the health and safety of the victim's family or sexual partner. Both the local health officer and victim are required to comply with all laws and policies regarding medical confidentiality and a violation of which is subject to a misdemeanor charge.

Summary:

The Department of Mental Health is responsible for the supervision of persons place on outpatient status and shall designate a community program director to administer the treatment programs and to serve as the outpatient treatment supervisor or designate one. The outpatient treatment supervisor shall submit periodic reports of the defendant's progress to the court, prosecutor, defense counsel, and to the community program director.

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