California Penal Code

§ 2972

PEN § 2972 Effective Jan 1, 2020Title 1 · Part 3 · Ch. 7 · Art. 4

Statute text

(a)(1) The court shall conduct a hearing on the petition under Section 2970 for continued treatment. The court shall advise the person of the right to be represented by an attorney and of the right to a jury trial. The attorney for the person shall be given a copy of the petition, and any supporting documents. The hearing shall be a civil hearing, however, in order to reduce costs the rules of criminal discovery, as well as civil discovery, shall be applicable.

(2)The standard of proof under this section shall be proof beyond a reasonable doubt, and if the trial is by jury, the jury shall be unanimous in its verdict. The trial shall be by jury unless waived by both the person and the district attorney. The trial shall commence no later than 30 calendar days prior to the time the person would otherwise have been released, unless the time is waived by the person or unless good cause is shown.

(b)The people shall be represented by the district attorney. If the person is indigent, the county public defender shall be appointed.

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Legislative history

Amended by Stats. 2019, Ch. 9, Sec. 11. (AB 46) Effective January 1, 2020.