A petition for the commitment of a person with a developmental disability to the State Department of Developmental Services who has been found incompetent to stand trial pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code when the defendant has been charged with one or more of the offenses identified or described in Section 6500, may be filed in the superior court of the county that determined the question of mental competence of the defendant. All other petitions may be filed in the county in which that person is physically present. The following persons may request the person authorized to present allegations pursuant to Section 6500 to file a petition for commitment:
(a) The parent, guardian, conservator, or other person charged with the support of the person with a developmental disability.
(b) The probation officer.
(c) The Department of Corrections and Rehabilitation, Division of Juvenile Justice.
(d) Any person designated for that purpose by the judge of the court.
(e) The Secretary of the Department of Corrections and Rehabilitation.
(f) The regional center director or his or her designee.
The request shall state the petitioner’s reasons for supposing the person to be eligible for admission thereto, and shall be verified by affidavit.
(Amended by Stats. 2012, Ch. 25, Sec. 21. (AB 1472) Effective June 27, 2012.)
Last modified: October 25, 2018