cover image: CERTIFIED FOR PUBLICATION

CERTIFIED FOR PUBLICATION

15 Jun 2021

For the reasons discussed in this opinion, we conclude that defendants have systematically violated the due process rights of all IST defendants in California by failing to commence substantive services designed to return those defendants to competency within 28 days of service of the transfer of responsibility document, which is the date of service of the commitment packet for all defendants comm. [...] IST defendants are generally admitted to Porterville in the order of their court commitment date.6 Delays in Admission to DSH and DDS The trial court used data from the first half of 2017, only to calculate the days of admission delays for IST defendants committed to DSH and DDS “because it [was] the most current information and the claims in [t]his case are for prospective injunctive relief.” The. [...] For the DDS, for commitments under [section] 1370.1[, subdivision] (a)(1)(B)(i), the ‘transfer of responsibility’ date is the date of service of the [section] 1370.1[, subdivision] (a)(2) order directing the IST defendant be confined in a DDS facility or placed on DDS outpatient status.[11] For commitments under 11 The court found that the 28-day deadline runs from the transfer of responsibility p. [...] Gage’s calculations that the mean (average) of 64 and median of 63 days from commitment packet to admission to a DSH hospital indicate that the DSH did not provide substantive services to half of the IST defendants until over 60 days after the court served the commitment packet.” “The mean (average) of 53 [days] and a median of 52 days from trial court order committing [an] IST defendant to the DD. [...] Considering the evidence of longstanding and continuing delays in admission of IST defendants, the absence thus far of legislative action on this specific issue, and the necessarily piecemeal nature of the remedies imposed by the Courts of Appeal of this state, we conclude the trial court reasonably determined that a uniform statewide deadline is necessary to ensure the commencement of substantive.
Pages
70
Published in
United States of America