Madera — Order - Commitment to State Dept of Mental Health - PC 1370 (MAD-CRM-027)

Source: https://www.madera.courts.ca.gov/system/files/forms-and-filings/mad-crm-027-order-commitment-state-department-mental-health-pc-1370-new-06-04-2024_0.pdf

MAD-CRM-027 Superior Court of California, County of Madera FOR COURT USE ONLY 200 South G Street Madera, CA 93637 Criminal Division vs. DEFENDANT: ORDER – COMMITMENT TO THE STATE DEPARTMENT OF MENTAL HEALTH CASE NUMBER: (Penal Code §1370)

WHEREAS, on , a complaint/information was filed in said court by the District Attorney charging the defendant with , the defendant being present and represented by , their attorney. After certain proceedings were had, a doubt arose as to the mental competency of the defendant, criminal proceedings were suspended and the Court appointed, DR. , to examine said defendant and investigate their mental competency and testified in court testimony of medical examiner(s) waived and cause submitted on written reports; thereafter, on ,, the Court, having found the defendant is not mentally competent to stand trial.

It is hereby ORDERED, ADJUDGED AND DECREED that the above named defendant be committed to and the Madera County Sheriff is to deliver the defendant to the California Department of State Hospitals at ANY APPROPRIATE STATE HOSPITAL for care and treatment and that upon notification that the above defendant has been restored to competency, the Madera County Sheriff shall immediately return them to this court without further notice/order by this court.

The defendant has consented to the administration of antipsychotic medication as prescribed by the treating psychiatrist. Should consent be withdrawn, they shall be returned to this court for hearing.

The defendant did not consent to take antipsychotic medication.

The court finds that the defendant consented to the administration of antipsychotic medication as prescribed by the treating psychiatrist and further;

The Court finds that the defendant:

Lacks the capacity to make decisions regarding antipsychotic medication and orders the involuntary administration of antipsychotic medication as prescribed by the treating psychiatrist.

Is a danger to others.

Is charged with a serious crime and antipsychotic medication is likely to restore mental competency.

At this time, the Court orders the involuntary administration of antipsychotic medication as prescribed by the treating psychiatrist.

The Court finds that the defendant is not in need of antipsychotic medication and that it is not appropriate at this time.

This court finds that the maximum term of commitment shall be YEARS/ MONTHS. The defendant is entitled to actual custody credits of days.

It is further Ordered that the superintendent shall make a written report to the Court as required by Penal Code section 1370(b)(1) or 1370.01(b).

Date: _______________________________ JUDGE OF THE SUPERIOR COURT Form Adopted for Optional Use ORDER – COMMITMENT TO THE STATE DEPARTMENT OF Page 1 of 1 Madera Superior Court Local Form MENTAL HEALTH MAD-CRM-027 [New 06/04/2024] (Penal Code §1370)