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HomeWelfare and Institutions CodeDiv. 7Ch. 2Art. 5§ 7301 Patient Transfer To Prison

§ 7301 Patient Transfer To Prison

Welfare and Institutions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 7301 Patient Transfer To Prison

Key Takeaways

  • •If a person in a state hospital needs more security, they can be moved to a prison for better care.
  • •People moved to prison this way don’t follow some prison rules, but guards can still stop them if they try to escape or fight.
  • •The prison must send reports about the person to the court that sent them to the hospital.

Example

A person in a state hospital keeps trying to escape and hurts others. The hospital thinks a prison can keep them safer.

The hospital and prison bosses can move this person to prison for better security. The prison will send updates to the court about how they’re doing.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 7301 Patient Transfer To Prison

Whenever, in the opinion of the Director of State Hospitals and with the approval of the Secretary of the Department of Corrections and Rehabilitation, any person who has been committed to a state hospital pursuant to provisions of the Penal Code or who has been placed in a state hospital temporarily for observation pursuant to, or who has been committed to a state hospital pursuant to Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of this code needs care and treatment under conditions of custodial security which can be better provided within the Department of Corrections and Rehabilitation, the person may be transferred for those purposes from an institution under the jurisdiction of the State Department of State Hospitals to an institution under the jurisdiction of the Department of Corrections and Rehabilitation. Persons so transferred shall not be subject to the provisions of Section 4500, 4501, 4501.5, 4502, 4530, or 4531 of the Penal Code. However, they shall be subject to the general rules of the Secretary of the Department of Corrections and Rehabilitation and of the facility where they are confined and any correctional employee dealing with those persons during the course of an escape or attempted escape, a fight or a riot, shall have the same rights, privileges and immunities as if the person transferred had been committed to the Secretary of the Department of Corrections and Rehabilitation. Whenever a person is transferred to an institution under the jurisdiction of the Department of Corrections and Rehabilitation pursuant to this section, any report, opinion, or certificate required or authorized to be filed with the court which committed the person to a state hospital, or ordered the person placed therein, shall be prepared and filed with the court by the head of the institution in which the person is actually confined or by the designee of the head of the institution. (Amended by Stats. 2012, Ch. 24, Sec. 186. (AB 1470) Effective June 27, 2012.)

Last verified: January 23, 2026

Key Terms

rehabilitationinstitutiontreatmenthospitalhealthemployeeportsecretary

Related Statutes

  • § 3300 California Rehabilitation Center Establishment
  • § 4530 State Council Support Services
  • § 4540 Developmental Disabilities Advocacy Council
  • § 5328.2 Patient Movement And Records
  • § 5333 Capacity Hearing Representation Rights

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 7301.
View Official Source