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HomeWelfare and Institutions CodeDiv. 5Pt. 1Ch. 2Art. 6§ 5303 Postcertification Treatment Proceedings

§ 5303 Postcertification Treatment Proceedings

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

§ 5303 Postcertification Treatment Proceedings

Key Takeaways

  • •The court must start the hearing within 4 days after the petition is filed.
  • •If the person asks for a jury trial, it must start within 10 days unless their lawyer asks for more time (up to 10 extra days).
  • •The person stays in treatment until the court makes a final decision or the petition is dropped.
  • •If no decision is made in 30 days (not counting extra time asked by the lawyer), the person must be released.

Example

A person is in a treatment facility, and someone files a petition to keep them there longer.

The court must hold a hearing within 4 days. If the person wants a jury trial, it must start within 10 days. If the court doesn’t decide in 30 days, the person is released.

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

Official Source
View on CA.gov

§ 5303 Postcertification Treatment Proceedings

The court shall conduct the proceedings on the petition for postcertification treatment within four judicial days of the filing of the petition and in accordance with constitutional guarantees of due process of law and the procedures required under Section 13 of Article 1 of the Constitution of the State of California. If at the time of the hearing the person named in the petition requests a jury trial, such trial shall commence within 10 judicial days of the filing of the petition for postcertification treatment unless the person’s attorney requests a continuance, which may be for a maximum of 10 additional judicial days. The decison of the jury must be unanimous in order to support the finding of facts required by Section 5304. Until a final decision on the merits by the trial court the person named in the petition shall continue to be treated in the intensive treatment facility until released by order of the superior court having jurisdiction over the action, or unless the petition for postcertification treatment is withdrawn. If no decision has been made within 30 days after the filing of the petition, not including extensions of time requested by the person’s attorney, the person shall be released. (Amended by Stats. 1968, Ch. 1374.)

Last verified: January 23, 2026

Key Terms

treatmentpetitionpostcertificationtrialporthearingreleaseaccordance

Related Statutes

  • § 5305 Outpatient Commitment Conditions
  • § 1801 Liberty Deprivation Hearing
  • § 353 Juvenile Court Hearing Rights
  • § 5270.70 Extended Mental Health Treatment
  • § 5301 Extended Mental Health Treatment

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 5303.
View Official Source