The professional person in charge of a facility providing intensive treatment, pursuant to Section 5250 or 5270.15, or that person’s designee, shall notify the county behavioral health director, or the director’s designee, and the peace officer who made the original written application for 72-hour evaluation pursuant to Section 5150 or a person who is designated by the law enforcement agency that employs the peace officer, that the person admitted pursuant to the application has been released unconditionally if all of the following conditions apply:
(a) The peace officer has requested notification at the time he or she makes the application for 72-hour evaluation.
(b) The peace officer has certified in writing at the time he or she made the application that the person has been referred to the facility under circumstances which, based upon an allegation of facts regarding actions witnessed by the officer or another person, would support the filing of a criminal complaint.
(c) The notice is limited to the person’s name, address, date of admission for 72-hour evaluation, date of certification for intensive treatment, and date of release.
If a police officer, law enforcement agency, or designee of the law enforcement agency, possesses any record of information obtained pursuant to the notification requirements of this section, the officer, agency, or designee shall destroy that record two years after receipt of notification.
(Amended by Stats. 2015, Ch. 455, Sec. 21. (SB 804) Effective January 1, 2016.)
Last modified: October 25, 2018