reglab/statecodes huggingface dataset:
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 4 - Examination of Witnesses Conditionally › Section 1337.

1337. The application shall be made upon affidavit stating all of the following:
(a) The nature of the offense charged.
(b) The state of the proceedings in the action.
(c) The name and residence of the witness, and that his or her testimony is material to the defense or the prosecution of the action.
(d) That any of the following are true:
(1) The witness is about to leave the state, or is so sick or infirm as to afford reasonable grounds for apprehending that he or she will not be able to attend the trial, or is a person 65 years of age or older, or a dependent adult, or that the life of the witness is in jeopardy.
(2) That the witness is a victim or a material witness in a human trafficking case who has been or is being intimidated or threatened, as described in paragraph (1) of subdivision (c) of Section 1335, from cooperating with the prosecutor or testifying at trial.
(3) That the witness is a victim or material witness in a domestic violence case who has been or is being intimidated or threatened, as described in subdivision (d) of Section 1335 from cooperating with the prosecutor or testifying at trial.
(Amended by Stats. 2014, Ch. 709, Sec. 2. (AB 1610) Effective January 1, 2015.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 4 - Examination of Witnesses Conditionally › Section 1338.

1338. The application may be made to the court or a judge thereof, and must be made upon three days’ notice to the opposite party.
(Amended by Stats. 1905, Ch. 540.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 4 - Examination of Witnesses Conditionally › Section 1339.

1339. If the court or judge is satisfied that the examination of the witness is necessary, an order must be made that the witness be examined conditionally, at a specified time and place, and before a magistrate designated therein.
(Amended by Stats. 1905, Ch. 540.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 4 - Examination of Witnesses Conditionally › Section 1340.

1340. (a)  The defendant has the right to be present in person and with counsel at the examination, and if the defendant is in custody, the officer in whose custody he or she is, must be informed of the time and place of the examination, and must take the defendant thereto, and keep him or her in the presence and hearing of the witness during the examination.
(b) If the court determines that the witness to be examined is so sick or infirm as to be unable to participate in the examination in person, the court may allow the examination to be conducted by a contemporaneous, two-way video conference system, in which the parties and the witness can see and hear each other via electronic communication.
(c) Nothing in this section is intended to require the court to acquire two-way video conference equipment for these purposes.
(Amended by Stats. 2008, Ch. 14, Sec. 1. Effective January 1, 2009.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 4 - Examination of Witnesses Conditionally › Section 1341.

1341. If, at the designated time and place, it is shown to the satisfaction of the magistrate that the stated ground for conditional examination is not true or that the application was made to avoid the examination of the witness at the trial, the examination cannot take place.
(Amended by Stats. 2009, Ch. 567, Sec. 3. (SB 197) Effective January 1, 2010.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 4 - Examination of Witnesses Conditionally › Section 1343.

1343. The testimony given by the witness shall be reduced to writing and authenticated in the same manner as the testimony of a witness taken in support of an information. Additionally, the testimony may be video-recorded.
(Amended by Stats. 1997, Ch. 19, Sec. 1. Effective January 1, 1998.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 4 - Examination of Witnesses Conditionally › Section 1344.

1344. The deposition taken must, by the magistrate, be sealed up and transmitted to the Clerk of the Court in which the action is pending or may come for trial.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 4 - Examination of Witnesses Conditionally › Section 1345.

1345. The deposition, or a certified copy of it, may be read in evidence, or if the examination was video-recorded, that video-recording may be shown by either party at the trial if the court finds that the witness is unavailable as a witness within the meaning of Section 240 of the Evidence Code. The same objections may be taken to a question or answer contained in the deposition or video-recording as if the witness had been examined orally in court.
(Amended by Stats. 1997, Ch. 19, Sec. 2. Effective January 1, 1998.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 4.5 - Examination of Victims of Sexual Crimes › Section 1346.

1346. (a) When a defendant has been charged with a violation of Section 220, 243.4, 261, 261.5, 264.1, 269, 273a, 273d, 285, 286, 287, 288, 288.5, 288.7, 289, or 647.6, or former Section 288a, and the victim either is a person 15 years of age or younger or is developmentally disabled as a result of an intellectual disability, as specified in subdivision (a) of Section 4512 of the Welfare and Institutions Code, the people may apply for an order that the victim’s testimony at the preliminary hearing, in addition to being stenographically recorded, be video recorded and the video recording preserved.
(b) The application for the order shall be in writing and made three days prior to the preliminary hearing.
(c) Upon timely receipt of the application, the magistrate shall order that the testimony of the victim given at the preliminary hearing be taken and preserved as a video recording, in addition to being stenographically recorded. The video recording shall be transmitted to the clerk of the court in which the action is pending.
(d) If at the time of trial the court finds that further testimony would cause the victim emotional trauma so that the victim is medically unavailable or unavailable within the meaning of Section 240 of the Evidence Code, the court may admit the video recording of the victim’s testimony at the preliminary hearing as former testimony under Section 1291 of the Evidence Code.
(e) A video recording that is taken pursuant to this section is subject to a protective order of the court for the purpose of protecting the privacy of the victim. This subdivision does not affect the provisions of subdivision (b) of Section 868.7.
(f) A video recording made pursuant to this section shall be made available to the prosecuting attorney, the defendant, and his or her attorney for viewing during ordinary business hours. A video recording that is made available pursuant to this section is subject to a protective order of the court for the purpose of protecting the privacy of the victim.
(g) The video recording shall be destroyed after five years have elapsed from the date of entry of judgment, except that if an appeal is filed, the video recording shall not be destroyed until a final judgment on appeal has been rendered.
(Amended by Stats. 2018, Ch. 423, Sec. 97. (SB 1494) Effective January 1, 2019.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 4.5 - Examination of Victims of Sexual Crimes › Section 1346.1.

1346.1. (a) When a defendant has been charged with a violation of Section 261, if the victim is the spouse of the defendant, former Section 262, or subdivision (a) of Section 273.5, the people may apply for an order that the victim’s testimony at the preliminary hearing, in addition to being stenographically recorded, be video recorded and the video recording preserved.
(b) The application for the order shall be in writing and made three days prior to the preliminary hearing.
(c) Upon timely receipt of the application, the magistrate shall order that the testimony of the victim given at the preliminary hearing be taken and preserved as a video recording, in addition to being stenographically recorded. The video recording shall be transmitted to the clerk of the court in which the action is pending.
(d) If the victim’s prior testimony given at the preliminary hearing is admissible pursuant to the Evidence Code, then the video recording of that testimony may be introduced as evidence at trial.
(Amended by Stats. 2022, Ch. 197, Sec. 25. (SB 1493) Effective January 1, 2023.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 5 - Examination of Witnesses on Commission › Section 1349.

1349. When an issue of fact is joined upon an indictment or information, the defendant may have any material witness, residing out of the state, examined in his behalf, as prescribed in this chapter, and not otherwise.
(Amended by Stats. 1980, Ch. 676, Sec. 253.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 5 - Examination of Witnesses on Commission › Section 1351.

1351. A commission is a process issued under the seal of the Court and the signature of the Clerk, directed to some person designated as Commissioner, authorizing him to examine the witness upon oath on interrogatories annexed thereto, to take and certify the deposition of the witness, and to return it according to the directions given with the commission.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 5 - Examination of Witnesses on Commission › Section 1352.

1352. The application must be made upon affidavit, stating:
1. The nature of the offense charged;
2. The state of the proceedings in the action, and that an issue of fact has been joined therein;
3. The name of the witness, and that his testimony is material to the defense of the action;
4. That the witness resides out of the State.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 5 - Examination of Witnesses on Commission › Section 1353.

1353. The application may be made to the Court, or a Judge thereof, and must be upon three days’ notice to the District Attorney.
(Amended by Code Amendments 1880, Ch. 25.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 5 - Examination of Witnesses on Commission › Section 1354.

1354. If the Court to whom the application is made is satisfied of the truth of the facts stated, and that the examination of the witness is necessary to the attainment of justice, an order must be made that a commission be issued to take his testimony; and the Court may insert in the order a direction that the trial be stayed for a specified time, reasonably sufficient for the execution and return of the commission.
(Amended by Code Amendments 1880, Ch. 47.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 5 - Examination of Witnesses on Commission › Section 1355.

1355. When the commission is ordered, the defendant must serve upon the District Attorney, without delay, a copy of the interrogatories to be annexed thereto, with two days’ notice of the time at which they will be presented to the Court or Judge. The District Attorney may in like manner serve upon the defendant or his counsel cross-interrogatories, to be annexed to the commission, with the like notice. In the interrogatories either party may insert any questions pertinent to the issue. When the interrogatories and cross-interrogatories are presented to the Court or Judge, according to the notice given, the Court or Judge must modify the questions so as to conform them to the rules of evidence, and must indorse upon them his allowance and annex them to the commission.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 5 - Examination of Witnesses on Commission › Section 1356.

1356. Unless the parties otherwise consent, by an indorsement upon the commission, the Court or Judge must indorse thereon a direction as to the manner in which it must be returned, and may, in his discretion, direct that it be returned by mail or otherwise, addressed to the Clerk of the Court in which the action is pending, designating his name and the place where his office is kept.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 5 - Examination of Witnesses on Commission › Section 1357.

1357. The commissioner, unless otherwise specially directed, may execute the commission in the following order:
(a) He or she shall publicly administer an oath to the witness that his or her answers given to the interrogatories shall be the truth, the whole truth, and nothing but the truth.
(b) He or she shall cause the examination of the witness to be reduced to writing and subscribed by the witness.
(c) He or she shall write the answers of the witness as near as possible in the language in which he or she gives them, and read to the witness each answer as it is taken down, and correct or add to it until it conforms to what he or she declares is the truth.
(d) If the witness declines to answer a question, that fact, with the reason assigned by him or her for declining, shall be stated.
(e) If any papers or documents are produced before him or her and proved by the witness, they, or copies of them, shall be annexed to the deposition subscribed by the witness and certified by the commissioner.
(f) The commissioner shall subscribe his or her name to each sheet of the deposition, and annex the deposition, with the papers and documents proved by the witness, or copies thereof, to the commission, and shall close it up under seal, and address it as directed by the indorsement thereon.
(g) If there is a direction on the commission to return it by mail, the commissioner shall immediately deposit it in the nearest post office. If any other direction is made by the written consent of the parties, or by the court or judge, on the commission, as to its return, the commissioner shall comply with the direction.
A copy of this section shall be annexed to the commission.
(Amended by Stats. 1989, Ch. 1360, Sec. 115.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 5 - Examination of Witnesses on Commission › Section 1358.

1358. If the commission and return be delivered by the Commissioner to an agent, he must deliver the same to the Clerk to whom it is directed, or to the Judge of the Court in which the action is pending, by whom it may be received and opened, upon the agent making affidavit that he received it from the hands of the Commissioner, and that it has not been opened or altered since he received it.
(Amended by Code Amendments 1880, Ch. 47.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 5 - Examination of Witnesses on Commission › Section 1359.

1359. If the agent is dead, or from sickness or other casualty unable personally to deliver the commission and return, as prescribed in the last section, it may be received by the Clerk or Judge from any other person, upon his making an affidavit that he received it from the agent; that the agent is dead, or from sickness or other casualty unable to deliver it; that it has not been opened or altered since the person making the affidavit received it; and that he believes it has not been opened or altered since it came from the hands of the Commissioner.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 5 - Examination of Witnesses on Commission › Section 1360.

1360. The clerk or judge receiving and opening the commission and return shall immediately file it, with the affidavit mentioned in Sections 1358 and 1359, in the office of the clerk of the court in which the indictment is pending. If the commission and return is transmitted by mail, the clerk to whom it is addressed shall receive it from the post office, and open and file it in his or her office, where it must remain, unless otherwise directed by the court or judge.
(Amended by Stats. 1987, Ch. 828, Sec. 89.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 5 - Examination of Witnesses on Commission › Section 1361.

1361. The commission and return must at all times be open to the inspection of the parties, who must be furnished by the Clerk with copies of the same or of any part thereof, on payment of his fees.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 5 - Examination of Witnesses on Commission › Section 1362.

1362. The depositions taken under the commission may be read in evidence by either party on the trial if the court finds that the witness is unavailable as a witness within the meaning of Section 240 of the Evidence Code. The same objections may be taken to a question in the interrogatories or to an answer in the deposition as if the witness had been examined orally in court.
(Amended by Stats. 1965, Ch. 299.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 6 - Inquiry into the Competence of the Defendant Before Trial or After Conviction › Section 1367.

1367. (a) A person shall not be tried or adjudged to punishment or have their probation, mandatory supervision, postrelease community supervision, or parole revoked while that person is mentally incompetent. A defendant is mentally incompetent for purposes of this chapter if, as a result of a mental health disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner.
(b) Section 1370 applies to a person who is charged with a felony or alleged to have violated the terms of probation for a felony or mandatory supervision and is incompetent as a result of a mental health disorder. Section 1370.01 applies to a person who is charged with a misdemeanor or misdemeanors only, or a violation of formal or informal probation for a misdemeanor, and the judge finds reason to believe that the defendant has a mental health disorder, and may, as a result of the mental health disorder, be incompetent to stand trial. Section 1370.1 applies to a person who is incompetent as a result of a developmental disability and applies to a person who is incompetent as a result of a mental health disorder, but also has a developmental disability. Section 1370.02 applies to a person alleged to have violated the terms of the person’s postrelease community supervision or parole.
(Amended by Stats. 2019, Ch. 9, Sec. 4. (AB 46) Effective January 1, 2020.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 6 - Inquiry into the Competence of the Defendant Before Trial or After Conviction › Section 1368.

1368. (a) If, during the pendency of an action and prior to judgment, or during revocation proceedings for a violation of probation, mandatory supervision, postrelease community supervision, or parole, a doubt arises in the mind of the judge as to the mental competence of the defendant, he or she shall state that doubt in the record and inquire of the attorney for the defendant whether, in the opinion of the attorney, the defendant is mentally competent. If the defendant is not represented by counsel, the court shall appoint counsel. At the request of the defendant or his or her counsel or upon its own motion, the court shall recess the proceedings for as long as may be reasonably necessary to permit counsel to confer with the defendant and to form an opinion as to the mental competence of the defendant at that point in time.
(b) If counsel informs the court that he or she believes the defendant is or may be mentally incompetent, the court shall order that the question of the defendant’s mental competence is to be determined in a hearing which is held pursuant to Sections 1368.1 and 1369. If counsel informs the court that he or she believes the defendant is mentally competent, the court may nevertheless order a hearing. Any hearing shall be held in the superior court.
(c) Except as provided in Section 1368.1, when an order for a hearing into the present mental competence of the defendant has been issued, all proceedings in the criminal prosecution shall be suspended until the question of the present mental competence of the defendant has been determined.
If a jury has been impaneled and sworn to try the defendant, the jury shall be discharged only if it appears to the court that undue hardship to the jurors would result if the jury is retained on call.
If the defendant is declared mentally incompetent, the jury shall be discharged.
(Amended by Stats. 2014, Ch. 759, Sec. 3. (SB 1412) Effective January 1, 2015.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 6 - Inquiry into the Competence of the Defendant Before Trial or After Conviction › Section 1369.5.

1369.5. (a) A document submitted to a court pursuant to this chapter, including, but not limited to, Sections 1369, 1370, 1370.01, 1370.1, and 1372, is presumptively confidential, except as otherwise provided by law.
(b) A document described in subdivision (a) shall be retained in the confidential portion of the court’s file. Counsel for the defendant and the prosecution shall maintain the documents as confidential.
(c) (1) The defendant, counsel for the defendant, and the prosecution may inspect, copy, or utilize the documents, and any information contained in the documents, without an order from the court for purposes related to the defense, prosecution, treatment, and safety of the defendant, and for the safety of the public.
(2) A motion, application, or petition to access the documents shall be decided in accordance with subdivision (h) of Rule 2.551 of the California Rules of Court.
(Added by Stats. 2019, Ch. 251, Sec. 1. (SB 557) Effective January 1, 2020.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 6 - Inquiry into the Competence of the Defendant Before Trial or After Conviction › Section 1370.015.

1370.015. A person committed to the care of the State Department of State Hospitals because he or she is incompetent to stand trial or to be adjudged to punishment is eligible for compassionate release pursuant to Section 4146 of the Welfare and Institutions Code. In any case in which the criteria for compassionate release apply, the State Department of State Hospitals shall follow the procedures and standards in Section 4146 of the Welfare and Institutions Code to determine if the department should recommend to the court that the person’s commitment for treatment and the underlying criminal charges be suspended for compassionate release.
(Added by Stats. 2016, Ch. 715, Sec. 2. (SB 955) Effective January 1, 2017.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 6 - Inquiry into the Competence of the Defendant Before Trial or After Conviction › Section 1370.2.

1370.2. If a person is adjudged mentally incompetent pursuant to the provisions of this chapter, the superior court may dismiss any misdemeanor charge pending against the mentally incompetent person. Ten days notice shall be given to the district attorney of any motion to dismiss pursuant to this section. The court shall transmit a copy of any order dismissing a misdemeanor charge pursuant to this section to the community program director, the county mental health director, or the regional center director and the Director of Developmental Services, as appropriate.
(Amended by Stats. 1992, Ch. 722, Sec. 14. Effective September 15, 1992.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 6 - Inquiry into the Competence of the Defendant Before Trial or After Conviction › Section 1370.3.

1370.3. A person committed to a state hospital or other treatment facility under the provisions of this chapter may be placed on outpatient status from such commitment as provided in Title 15 (commencing with Section 1600) of Part 2.
(Repealed and added by Stats. 1980, Ch. 547, Sec. 12.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 6 - Inquiry into the Competence of the Defendant Before Trial or After Conviction › Section 1370.4.

1370.4. If, in the evaluation ordered by the court under Section 1370.1, the regional center director, or a designee, is of the opinion that the defendant is not a danger to the health and safety of others while on outpatient treatment and will benefit from such treatment, and has obtained the agreement of the person in charge of a residential facility and of the defendant that the defendant will receive and submit to outpatient treatment and that the person in charge of the facility will designate a person to be the outpatient supervisor of the defendant, the court may order the defendant to undergo outpatient treatment. All of the provisions of Title 15 (commencing with Section 1600) of Part 2 shall apply where a defendant is placed on outpatient status under this section, except that the regional center director shall be substituted for the community program director, the Director of Developmental Services for the Director of State Hospitals, and a residential facility for a treatment facility for the purposes of this section.
(Amended by Stats. 2012, Ch. 440, Sec. 36. (AB 1488) Effective September 22, 2012.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 6 - Inquiry into the Competence of the Defendant Before Trial or After Conviction › Section 1370.5.

1370.5. (a) A person committed to a state hospital or other public or private mental health facility pursuant to the provisions of Section 1370, 1370.01, 1370.02, or 1370.1, who escapes from or who escapes while being conveyed to or from a state hospital or facility, is punishable by imprisonment in a county jail not to exceed one year or in the state prison for a determinate term of one year and one day. The term of imprisonment imposed pursuant to this section shall be served consecutively to any other sentence or commitment.
(b) The medical director or person in charge of a state hospital or other public or private mental health facility to which a person has been committed pursuant to the provisions of Section 1370, 1370.01, 1370.02, or 1370.1 shall promptly notify the chief of police of the city in which the hospital or facility is located, or the sheriff of the county if the hospital or facility is located in an unincorporated area, of the escape of the person, and shall request the assistance of the chief of police or sheriff in apprehending the person, and shall within 48 hours of the escape of the person orally notify the court that made the commitment, the prosecutor in the case, and the Department of Justice of the escape.
(Amended by Stats. 2014, Ch. 759, Sec. 11. (SB 1412) Effective January 1, 2015.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 6 - Inquiry into the Competence of the Defendant Before Trial or After Conviction › Section 1370.6.

1370.6. (a) If a mentally incompetent defendant is admitted to a county jail treatment facility pursuant to Section 1370, the department shall provide restoration of competency treatment at the county jail treatment facility and shall provide payment to the county jail treatment facility for the reasonable costs of the bed during the restoration of competency treatment as well as for the reasonable costs of any necessary medical treatment not provided within the county jail treatment facility, unless otherwise agreed to by the department and the facility.
(1) If the county jail treatment facility is able to provide restoration of competency services, upon approval by the department and subject to funding appropriated in the annual Budget Act, the county jail treatment facility may provide those services and the State Department of State Hospitals may provide payment to the county jail treatment facility for the reasonable costs of the bed during the restoration of competency treatment as well as the reasonable costs of providing restoration of competency services and for any necessary medical treatment not provided within the county jail treatment facility, unless otherwise agreed to by the department and the facility.
(2) Transportation to a county jail treatment facility for admission and from the facility upon the filing of a certificate of restoration of competency, or for transfer of a person to another county jail treatment facility or to a state hospital, shall be provided by the committing county unless otherwise agreed to by the department and the facility.
(3) In the event the State Department of State Hospitals and a county jail treatment facility are determined to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under such a contract, each shall indemnify the other to the extent of its comparative fault.
(b) If the community-based residential system is selected by the court pursuant to Section 1370, the State Department of State Hospitals shall provide reimbursement to the community-based residential treatment system for the cost of restoration of competency treatment as negotiated with the State Department of State Hospitals.
(c) The State Department of State Hospitals may provide payment to either a county jail treatment facility or a community-based residential treatment system directly through invoice, or through a contract, at the discretion of the department in accordance with the terms and conditions of the contract or agreement.
(Amended by Stats. 2022, Ch. 47, Sec. 44. (SB 184) Effective June 30, 2022.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 6 - Inquiry into the Competence of the Defendant Before Trial or After Conviction › Section 1371.

1371. The commitment of the defendant, as described in Section 1370, 1370.1, 1370.01, or 1370.02, exonerates his or her bail, or entitles a person, authorized to receive the property of the defendant, to a return of any money he or she may have deposited instead of bail, or gives, to the person or persons found by the court to have deposited any money instead of bail on behalf of the defendant, a right to the return of that money.
(Amended by Stats. 2014, Ch. 759, Sec. 12. (SB 1412) Effective January 1, 2015.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 6 - Inquiry into the Competence of the Defendant Before Trial or After Conviction › Section 1373.

1373. The expense of sending the defendant to the state hospital or other facility, and of bringing him or her back, are chargeable to the county in which the indictment was found, information was filed, or revocation proceeding was held; but the county may recover the expense from the estate of the defendant, if he or she has any, or from a relative, bound to provide for and maintain him or her.
(Amended by Stats. 2014, Ch. 759, Sec. 13. (SB 1412) Effective January 1, 2015.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 6 - Inquiry into the Competence of the Defendant Before Trial or After Conviction › Section 1373.5.

1373.5. In every case where a claim is presented to the county for money due under the provisions of section 1373 of this code, interest shall be allowed from the date of rejection, if rejected and recovery is finally had thereon.
(Added by Stats. 1939, Ch. 441.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 6 - Inquiry into the Competence of the Defendant Before Trial or After Conviction › Section 1374.

1374. When a defendant who has been found incompetent is on outpatient status under Title 15 (commencing with Section 1600) of Part 2 and the outpatient treatment staff is of the opinion that the defendant has recovered competence, the supervisor shall communicate such opinion to the community program director. If the community program director concurs, that opinion shall be certified by such director to the committing court. The court shall calendar the case for further proceeding pursuant to Section 1372.
(Amended by Stats. 1985, Ch. 1232, Sec. 9. Effective September 30, 1985.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 6 - Inquiry into the Competence of the Defendant Before Trial or After Conviction › Section 1375.

1375. Claims by the state for all amounts due from any county by reason of the provisions of Section 1373 of this code shall be processed and paid by the county pursuant to the provisions of Chapter 4 (commencing with Section 29700) of Division 3 of Title 3 of the Government Code.
(Amended by Stats. 1965, Ch. 263.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 6 - Inquiry into the Competence of the Defendant Before Trial or After Conviction › Section 1375.5.

1375.5. (a) Time spent by a person in a treatment facility or county jail as a result of proceedings under this chapter shall be credited against the sentence, if any, imposed in the underlying criminal case or revocation matter giving rise to the competency proceedings.
(b) As used in this section, “time spent in a treatment facility” includes days a person is treated as an outpatient pursuant to Title 15 (commencing with Section 1600) of Part 2.
(c) A person subject to this chapter shall receive credits pursuant to Section 4019 for all time during which he or she is confined in a county jail and for which he or she is otherwise eligible.
(Amended by Stats. 2018, Ch. 1008, Sec. 4. (SB 1187) Effective January 1, 2019.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 7 - Compromising Certain Public Offenses by Leave of the Court › Section 1377.

1377. When the person injured by an act constituting a misdemeanor has a remedy by a civil action, the offense may be compromised, as provided in Section 1378, except when it is committed as follows:
(a) By or upon an officer of justice, while in the execution of the duties of his or her office.
(b) Riotously.
(c) With an intent to commit a felony.
(d) In violation of any court order as described in Section 273.6 or 273.65.
(e) By or upon any family or household member, or upon any person when the violation involves any person described in Section 6211 of the Family Code or subdivision (b) of Section 13700 of this code.
(f) Upon an elder, in violation of Section 368 of this code or Section 15656 of the Welfare and Institutions Code.
(g) Upon a child, as described in Section 647.6 or 11165.6.
(Amended by Stats. 1997, Ch. 243, Sec. 1. Effective January 1, 1998.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 7 - Compromising Certain Public Offenses by Leave of the Court › Section 1378.

1378. If the person injured appears before the court in which the action is pending at any time before trial, and acknowledges that he has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be stayed upon the prosecution, and the defendant to be discharged therefrom; but in such case the reasons for the order must be set forth therein, and entered on the minutes. The order is a bar to another prosecution for the same offense.
(Amended by Stats. 1957, Ch. 102.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 7 - Compromising Certain Public Offenses by Leave of the Court › Section 1379.

1379. No public offense can be compromised, nor can any proceeding or prosecution for the punishment thereof upon a compromise be stayed, except as provided in this Chapter.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 8 - Dismissal of the Action for Want of Prosecution or Otherwise › Section 1381.5.

1381.5. Whenever a defendant has been convicted of a crime and has entered upon a term of imprisonment therefor in a federal correctional institution located in this state, and at the time of entry upon such term of imprisonment or at any time during such term of imprisonment there is pending in any court of this state any criminal indictment, information, complaint, or any criminal proceeding wherein the defendant remains to be sentenced the district attorney of the county in which such matters are pending, upon receiving from such defendant a request that he be brought to trial or for sentencing, shall promptly inquire of the warden or other head of the federal correctional institution in which such defendant is confined whether and when such defendant can be released for trial or for sentencing. If an assent from authorized federal authorities for release of the defendant for trial or sentencing is received by the district attorney he shall bring him to trial or sentencing within 90 days after receipt of such assent, unless the federal authorities specify a date of release after 90 days, in which event the district attorney shall bring the prisoner to trial or sentencing at such specified time, or unless the defendant requests, in open court, and receives, or, in open court, consents to, a continuance, in which event he may be brought to trial or sentencing within 90 days from such request or consent.
If a defendant is not brought to trial or for sentencing as provided by this section, the court in which the action is pending shall, on motion or suggestion of the district attorney, or representative of the United States, or the defendant or his counsel, dismiss the action.
(Amended by Stats. 1983, Ch. 793, Sec. 1.1.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 8 - Dismissal of the Action for Want of Prosecution or Otherwise › Section 1383.

1383. If the defendant is not charged or tried, as provided in Section 1382, and sufficient reason therefor is shown, the court may order the action to be continued from time to time, and in the meantime may discharge the defendant from custody on his or her own undertaking of bail for his or her appearance to answer the charge at the time to which the action is continued.
(Amended by Stats. 1987, Ch. 828, Sec. 92.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 8 - Dismissal of the Action for Want of Prosecution or Otherwise › Section 1384.

1384. If the judge or magistrate directs the action to be dismissed, the defendant must, if in custody, be discharged therefrom; or if admitted to bail, his bail is exonerated, or money deposited instead of bail must be refunded to him or to the person or persons found by the court to have deposited said money on behalf of said defendant.
(Amended by Stats. 1980, Ch. 938, Sec. 6.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 8 - Dismissal of the Action for Want of Prosecution or Otherwise › Section 1385.1.

1385.1. Notwithstanding Section 1385 or any other provision of law, a judge shall not strike or dismiss any special circumstance which is admitted by a plea of guilty or nolo contendere or is found by a jury or court as provided in Sections 190.1 to 190.5, inclusive.
(Added June 5, 1990, by initiative Proposition 115, Sec. 26.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 8 - Dismissal of the Action for Want of Prosecution or Otherwise › Section 1386.

1386. The entry of a nolle prosequi is abolished, and neither the Attorney General nor the district attorney can discontinue or abandon a prosecution for a public offense, except as provided in Section 1385.
(Amended by Stats. 1987, Ch. 828, Sec. 93.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 8 - Dismissal of the Action for Want of Prosecution or Otherwise › Section 1387.1.

1387.1. (a) Where an offense is a violent felony, as defined in Section 667.5 and the prosecution has had two prior dismissals, as defined in Section 1387, the people shall be permitted one additional opportunity to refile charges where either of the prior dismissals under Section 1387 were due solely to excusable neglect. In no case shall the additional refiling of charges provided under this section be permitted where the conduct of the prosecution amounted to bad faith.
(b) As used in this section, “excusable neglect” includes, but is not limited to, error on the part of the court, prosecution, law enforcement agency, or witnesses.
(Added by Stats. 1987, Ch. 1211, Sec. 47.5.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 8 - Dismissal of the Action for Want of Prosecution or Otherwise › Section 1387.2.

1387.2. Upon the express consent of both the people and the defendant, in lieu of issuing an order terminating an action the court may proceed on the existing accusatory pleading. For the purposes of Section 1387, the action shall be deemed as having been previously terminated. The defendant shall be rearraigned on the accusatory pleading and a new time period pursuant to Section 859b or 1382 shall commence.
(Added by Stats. 1992, Ch. 278, Sec. 2. Effective January 1, 1993.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 8 - Dismissal of the Action for Want of Prosecution or Otherwise › Section 1388.

1388. (a) In any case where an order for the dismissal of a felony action is made, as provided in this chapter, and where the defendant had been released on his own recognizance for that action, if the prosecutor files another accusatory pleading against the same defendant for the same offense, unless the defendant is present in court at the time of refiling, the district attorney shall send a letter to the defendant at his last known place of residence, and shall send a copy to the attorney of record, stating that the case has been refiled, and setting forth the date, time and place for rearraignment.
(b) If the defendant fails to appear for arraignment as stated, or at such time, date, and place as has been subsequently agreed to by defendant’s counsel and the district attorney, then the court shall issue and have delivered for execution a warrant for his arrest within 20 days after his failure to appear.
(c) If the defendant was released on his own recognizance on the original charge, he shall, if he appears as provided in subdivisions (a) and (b), be released on his own recognizance on the refiled charge unless it is shown that changed conditions require a different disposition, in which case bail shall be set at the discretion of the judge.
(Added by Stats. 1976, Ch. 1024.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 8.5 - Agreement on Detainers › Section 1389.1.

1389.1. The phrase “appropriate court” as used in the agreement on detainers shall, with reference to the courts of this State, means the court in which the indictment, information, or complaint is filed.
(Added by Stats. 1963, Ch. 2115.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 8.5 - Agreement on Detainers › Section 1389.2.

1389.2. All courts, departments, agencies, officers, and employees of this State and its political subdivisions are hereby directed to enforce the agreement on detainer and to co-operate with one another and with other states in enforcing the agreement and effectuating its purpose.
(Added by Stats. 1963, Ch. 2115.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 8.5 - Agreement on Detainers › Section 1389.4.

1389.4. Every person who has been imprisoned in a prison or institution in this State and who escapes while in the custody of an officer of this or another state in another state pursuant to the agreement on detainers is deemed to have violated Section 4530 and is punishable as provided therein.
(Added by Stats. 1963, Ch. 2115.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 8.5 - Agreement on Detainers › Section 1389.5.

1389.5. It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this State to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainer. Such official shall inform such inmate of his rights provided in paragraph (a) of Article IV of the Agreement on Detainers in Section 1389 of this code.
(Added by Stats. 1963, Ch. 2115.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 8.5 - Agreement on Detainers › Section 1389.6.

1389.6. The Administrator, Interstate Probation and Parole Compacts, shall administer this agreement.
(Added by Stats. 1963, Ch. 2115.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 8.5 - Agreement on Detainers › Section 1389.7.

1389.7. When, pursuant to the agreement on detainers or other provision of law, a person in actual confinement under sentence of another jurisdiction is brought before a California court and sentenced by the judge to serve a California sentence concurrently with the sentence of the other jurisdiction or has been transferred to another jurisdiction for concurrent service of previously imposed sentences, the Board of Prison Terms, and the panels and members thereof, may meet in such other jurisdiction, or enter into cooperative arrangements with corresponding agencies in the other jurisdiction, as necessary to carry out the term-fixing and parole functions.
(Amended by Stats. 1979, Ch. 255.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 10 - MISCELLANEOUS PROCEEDINGS › CHAPTER 8.5 - Agreement on Detainers › Section 1389.8.

1389.8. It shall be the responsibility of the agent of the receiving state to return the prisoner to the sending state upon completion of the proceedings.
(Added by Stats. 1971, Ch. 1185.)