§ 6608.6
467 words·~2 min read·
/ca/welfare-and-institutions-code/6608-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A court may make a finding of extraordinary circumstances only after the committed person’s county of domicile has petitioned the court to make this finding.
(b)The court may grant the county of domicile’s petition and make a finding of extraordinary circumstances only after all of the following have occurred:
(1)The county of domicile has demonstrated to the court that the county of domicile has engaged in an exhaustive housing search with meaningful and robust participation from the participants listed in subdivision
(d)of Section 6608.5 in both committee conferences and status conferences. The county of domicile shall provide the court with declarations from the county of domicile and all the participants attesting to the exhaustive housing search.
(A)The county of domicile has provided at least one alternative placement county for consideration and has noticed the district attorney, or district attorneys, of the alternative placement county, or counties, and the department regarding the county of domicile’s intention to petition for a finding of extraordinary circumstance.
(B)The county of domicile shall indicate, if applicable, how the committed person has a community connection to a proposed alternative placement county, including whether the committed person has previously resided, been employed, or has next of kin in a proposed alternative placement county.
(3)The county of domicile has provided the declarations and community connection information required by paragraphs
(1)and
(2)to the department and to the district attorney of a proposed alternative placement county.
(4)The department and the district attorney of a proposed alternative placement county have had an opportunity to be heard at a hearing, which shall be noticed no fewer than 30 days before the date of the hearing.
(1)If the court finds that extraordinary circumstances require the placement to occur outside the county of domicile, the court shall state its findings on the record and the grounds supporting its findings.
(2)Extraordinary costs associated with a housing placement inside the county of domicile shall not be grounds for a finding of extraordinary circumstances.
(d)A court shall not order a search of alternative housing placements outside of the county of domicile until after the court has granted a petition finding that extraordinary circumstances exist.
(e)The Judicial Council shall report to the Legislature on an annual basis the instances in which a court issues a finding of extraordinary circumstances and shall detail the court’s findings and grounds supporting the findings, as stated by the court pursuant to subdivision (c). The annual report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(f)Notwithstanding any other law, a court may order the placement of the committed person in an alternative placement county upon stipulation between the domicile county and the alternative placement county.