Welfare and Institutions Code – WIC § 6316

(a)(1) If, after examination and hearing, the court finds that the person is a mentally disordered sex offender and that the person could benefit by treatment in a state hospital, or other treatment facility the court in its discretion has the alternative to return the person to the criminal court for further disposition, or may make an order committing the person to the department for confinement in a state hospital, or may commit the person to the county mental health director for confinement in an appropriate public or private treatment facility, approved by such director or may place the person on outpatient status under Title 15 (commencing with Section 1600) of Part 2 of the Penal Code .  A copy of such commitment shall be personally served upon such person within five days after the making of such order.

If after examination and hearing, the court finds that the person is a mentally disordered sex offender but will not benefit by care or treatment in a state hospital or other treatment facility the court shall then cause the person to be returned to the court in which the criminal charge was tried to await further action with reference to such criminal charge.  Such court shall resume the proceedings and shall impose sentence or make such other suitable disposition of the case as the court deems necessary.

The court shall transmit a copy of its order to the county mental health director or a designee and to the Director of Mental Health in all cases where a person is found to be a mentally disordered sex offender.

(2) Prior to making such order, the court shall order the county mental health director or a designee to evaluate the person and to submit to the court within 15 judicial days of such order a written recommendation as to whether the person should be committed to a state hospital or to another treatment facility approved by the county mental health director or be placed on outpatient status under the provisions of Title 15 (commencing with Section 1600) of Part 2 of the Penal Code .  No such person shall be admitted to a state hospital or other treatment facility or placed on outpatient status without having been evaluated by the county mental health director or a designee.

(3) If the person is committed or transferred to a state hospital pursuant to this article, the committing court may, upon receiving the written recommendation of the medical director of the state hospital and the county mental health director that the person be transferred to a public or private treatment facility approved by the county mental health director, order the person transferred to such facility.  If the person is committed or transferred to a public or private treatment facility approved by the county mental health director, the committing court may, upon receiving the written recommendation of the county mental health director or a designee, transfer the person to a state hospital or to another public or private treatment facility approved by the county mental health director.  Where either the defendant, or the prosecutor chooses to contest either kind of order of transfer, a petition may be filed in the court for a hearing, which shall be held if the court determines that sufficient grounds exist.  At such hearing, the prosecuting attorney or the defendant may present evidence bearing on the order of transfer.  The court shall use the same standards used in conducting probation revocation hearings pursuant to Section 1203.2 of the Penal Code .

Prior to making an order for transfer under this section, the court shall notify the person, the prosecuting attorney, attorney of record for the person, and the county mental health director or a designee.