LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeWelfare and Institutions CodeDiv. 5Pt. 1Ch. 2Art. 6§ 5306 Involuntary Treatment Release Immunity

§ 5306 Involuntary Treatment Release Immunity

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

§ 5306 Involuntary Treatment Release Immunity

Key Takeaways

  • •Doctors and hospital staff can't be sued or punished if a patient they released early (before 90 days) does something bad.
  • •The same rule applies if the patient is released after the full 90 days.
  • •This only works if the hospital followed all the rules in Section 5309.

Example

A person is kept in a hospital for mental health treatment against their will. After 60 days, the doctors decide they're better and let them go. Later, that person does something harmful.

The doctors and hospital can't be blamed or sued for letting the person go early, as long as they followed all the rules.

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

Official Source
View on CA.gov

§ 5306 Involuntary Treatment Release Immunity

(a) Notwithstanding Section 5113, if the provisions of Section 5309 have been met, the superintendent, the professional person in charge of the hospital providing 90-day involuntary treatment, the medical director of the facility or his or her designee described in subdivision (a) of Section 5309, and the psychiatrist directly responsible for the person’s treatment shall not be held civilly or criminally liable for any action by a person released before the end of a 90-day period pursuant to this article. (b) The superintendent, the professional person in charge of the hospital providing 90-day involuntary treatment, the medical director of the facility or his or her designee described in subdivision (a) of Section 5309, and the psychiatrist directly responsible for the person’s treatment shall not be held civilly or criminally liable for any action by a person released at the end of a 90-day period pursuant to this article. (Amended by Stats. 1985, Ch. 1288, Sec. 11. Effective September 30, 1985.)

Last verified: January 23, 2026

Key Terms

treatmentdirectorhospitalreleasehealthcrimemedicalfacility

Related Statutes

  • § 5173 Mental Health Provider Immunity
  • § 5309 Early Release For Safety
  • § 5152 72-Hour Mental Health Hold
  • § 5170.7 Early Release Psychiatric Evaluation
  • § 5270.35 Intensive Treatment Certification Limits

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 5306.
View Official Source