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Earlier editions: 2020-112018-11

DIVISION 7. MENTAL INSTITUTIONS 7100-7700›CHAPTER 2. State Hospitals for the Mentally Disordered 7200-7375›ARTICLE 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals 7350-7362

§ 7361

California Welfare and Institutions Code · 2026 edition · updated 2026-10-04 · California

When the superintendent is unwilling to certify to the discharge of an unrecovered judicially committed patient, upon request, and so certifies in writing, giving his reasons therefor, any superior judge of the county in which the hospital is situated, upon such certificate, and upon any other proofs produced before him, after affording opportunity for a hearing to the superintendent, may direct, by order, the discharge of the patient, upon such security to the people of the state as he may require for the good behavior and maintenance of the patient. The certificate and the proof, and the order granted thereon, shall be filed in the clerk’s office of the county in which the hospital is situated, and a certified copy of the order shall be filed in the hospital from which the patient is discharged.

(Added by Stats. 1967, Ch. 1667.)

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