{"id":2899,"date":"2022-05-06T07:31:38","date_gmt":"2022-05-06T07:31:38","guid":{"rendered":"https:\/\/crowdsourcelawyers.com\/california-statutes\/?page_id=2899"},"modified":"2022-05-20T23:47:27","modified_gmt":"2022-05-20T23:47:27","slug":"welfare-and-institutions-code-8103","status":"publish","type":"page","link":"https:\/\/crowdsourcelawyers.com\/california-statutes\/california-statutes\/welfare-and-institutions-code-8103\/","title":{"rendered":"Welfare And Institutions Code 8103"},"content":{"rendered":"\n<style type=\"text\/css\" data-created_by=\"avia_inline_auto\" id=\"style-css-av-l2u49jgn-9cecb5e664ba7ecc467d9202b78199c8\">\n#top .av-special-heading.av-l2u49jgn-9cecb5e664ba7ecc467d9202b78199c8{\npadding-bottom:10px;\n}\nbody .av-special-heading.av-l2u49jgn-9cecb5e664ba7ecc467d9202b78199c8 .av-special-heading-tag .heading-char{\nfont-size:25px;\n}\n.av-special-heading.av-l2u49jgn-9cecb5e664ba7ecc467d9202b78199c8 .av-subheading{\nfont-size:22px;\n}\n<\/style>\n<div  class='av-special-heading av-l2u49jgn-9cecb5e664ba7ecc467d9202b78199c8 av-special-heading-h1 blockquote modern-quote  avia-builder-el-0  el_before_av_hr  avia-builder-el-first '><div class='av-subheading av-subheading_above'><p>California<\/p>\n<\/div><h1 class='av-special-heading-tag '  itemprop=\"headline\"  >Welfare and Institutions Code &#8211; WIC \u00a7 8103<\/h1><div class=\"special-heading-border\"><div class=\"special-heading-inner-border\"><\/div><\/div><\/div>\n\n<style type=\"text\/css\" data-created_by=\"avia_inline_auto\" id=\"style-css-av-av_hr-3a876428eececa9d35452247ddb053af\">\n#top .hr.hr-invisible.av-av_hr-3a876428eececa9d35452247ddb053af{\nheight:50px;\n}\n<\/style>\n<div  class='hr av-av_hr-3a876428eececa9d35452247ddb053af hr-invisible  avia-builder-el-1  el_after_av_heading  el_before_av_textblock '><span class='hr-inner '><span class=\"hr-inner-style\"><\/span><\/span><\/div>\n<section  class='av_textblock_section av-av_textblock-e878f05c31dff72941bf1e49a00d9ff5 '   itemscope=\"itemscope\" itemtype=\"https:\/\/schema.org\/CreativeWork\" ><div class='avia_textblock'  itemprop=\"text\" ><p><a href=\"https:\/\/crowdsourcelawyers.com\/\">CrowdSourceLawyers.com<\/a><\/p>\n<\/div><\/section>\n\n<style type=\"text\/css\" data-created_by=\"avia_inline_auto\" id=\"style-css-av-avia_sc_search-4ee94ae86cde3b232e718bb4ac84e6ad\">\n#top .avia_search_element.av-avia_sc_search-4ee94ae86cde3b232e718bb4ac84e6ad .av_searchform_wrapper{\nborder-color:#edae44;\nbackground-color:#edae44;\n}\n#top .avia_search_element.av-avia_sc_search-4ee94ae86cde3b232e718bb4ac84e6ad #s.av-input-field{\ncolor:#edae44;\n}\n#top .avia_search_element.av-avia_sc_search-4ee94ae86cde3b232e718bb4ac84e6ad .av-input-field-icon.av-search-icon{\ncolor:#edae44;\n}\n#top .avia_search_element.av-avia_sc_search-4ee94ae86cde3b232e718bb4ac84e6ad .av-input-field-icon.av-search-icon.avia-svg-icon svg:first-child{\nfill:#edae44;\nstroke:#edae44;\n}\n#top .avia_search_element.av-avia_sc_search-4ee94ae86cde3b232e718bb4ac84e6ad #searchsubmit{\nbackground-color:#edae44;\n}\n#top .avia_search_element.av-avia_sc_search-4ee94ae86cde3b232e718bb4ac84e6ad .av_searchsubmit_wrapper{\nbackground-color:#edae44;\n}\n<\/style>\n<div  class='avia_search_element av-avia_sc_search-4ee94ae86cde3b232e718bb4ac84e6ad  avia-builder-el-3  el_after_av_textblock  el_before_av_hr '><search><form action='https:\/\/crowdsourcelawyers.com\/california-statutes\/' id='searchform_element' method='get' class='' data-element_id='av-avia_sc_search-4ee94ae86cde3b232e718bb4ac84e6ad' ><div class='av_searchform_wrapper'><input type='search' value='' id='s' name='s' placeholder='Search CA statutes' aria-label='Search CA statutes' class='av-input-field ' required \/><div class='av_searchsubmit_wrapper '><input type='submit' value='Find' id='searchsubmit' class='button ' title='View results on search page' aria-label='View results on search page' \/><\/div><input type='hidden' name='numberposts' value='10' \/><input type='hidden' name='results_hide_fields' value='' \/><\/div><\/form><\/search><\/div>\n\n<style type=\"text\/css\" data-created_by=\"avia_inline_auto\" id=\"style-css-av-av_hr-3a876428eececa9d35452247ddb053af\">\n#top .hr.hr-invisible.av-av_hr-3a876428eececa9d35452247ddb053af{\nheight:50px;\n}\n<\/style>\n<div  class='hr av-av_hr-3a876428eececa9d35452247ddb053af hr-invisible  avia-builder-el-4  el_after_avia_sc_search  el_before_av_textblock '><span class='hr-inner '><span class=\"hr-inner-style\"><\/span><\/span><\/div>\n<section  class='av_textblock_section av-l2u4cgbz-3c3b0808e54b0d9325710593866ec121 '   itemscope=\"itemscope\" itemtype=\"https:\/\/schema.org\/CreativeWork\" ><div class='avia_textblock'  itemprop=\"text\" ><div class=\"row\">\n<div class=\"subsection\"><\/div>\n<div class=\"subsection\">\n<div class=\"ed-note-kitn\">&lt;Section operative Jan. 1, 2020. \u2002See, also,\u00a0<span class=\"cite\">\u00a7\u20028103\u00a0<\/span>operative until Jan. 1, 2020.&gt;<\/div>\n<div class=\"subsection\">\n<div class=\"subsection\">\n<p>(a)(1)\u2002A person who after October 1, 1955, has been adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control a firearm or any other deadly weapon unless there has been issued to the person a certificate by the court of adjudication upon release from treatment or at a later date stating that the person may possess a firearm or any other deadly weapon without endangering others, and the person has not, subsequent to the issuance of the certificate, again been adjudicated by a court to be a danger to others as a result of a mental disorder or mental illness.<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(2)\u2002The court shall notify the Department of Justice of the court order finding the individual to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. \u2002The court shall also notify the Department of Justice of any certificate issued as described in paragraph (1) as soon as possible, but not later than one court day after issuing the certificate.<\/p>\n<\/div>\n<\/div>\n<div class=\"subsection\">\n<div class=\"subsection\">\n<p>(b)(1)\u2002A person who has been found, pursuant to\u00a0<span class=\"cite\">Section 1026 of the Penal Code\u00a0<\/span>or the law of any other state or the United States, not guilty by reason of insanity of murder, mayhem, a violation of\u00a0<span class=\"cite\">Section 207\u00a0<\/span>,\u00a0<span class=\"cite\">209\u00a0<\/span>, or\u00a0<span class=\"cite\">209.5 of the Penal Code\u00a0<\/span>in which the victim suffers intentionally inflicted great bodily injury, carjacking or robbery in which the victim suffers great bodily injury, a violation of\u00a0<span class=\"cite\">Section 451\u00a0<\/span>or\u00a0<span class=\"cite\">452 of the Penal Code\u00a0<\/span>involving a trailer coach, as defined in\u00a0<span class=\"cite\">Section 635 of the Vehicle Code\u00a0<\/span>, or any dwelling house, a violation of\u00a0<span class=\"cite\">paragraph (1)\u00a0<\/span>or\u00a0<span class=\"cite\">(2) of subdivision (a) of Section 262\u00a0<\/span>or paragraph (2) or\u00a0<span class=\"cite\">(3)\u00a0<\/span>of\u00a0<span class=\"cite\">subdivision (a) of Section 261 of the Penal Code\u00a0<\/span>, a violation of\u00a0<span class=\"cite\">Section 459 of the Penal Code\u00a0<\/span>in the first degree, assault with intent to commit murder, a violation of\u00a0<span class=\"cite\">Section 220 of the Penal Code\u00a0<\/span>in which the victim suffers great bodily injury, a violation of\u00a0<span class=\"cite\">Section 18715\u00a0<\/span>,\u00a0<span class=\"cite\">18725\u00a0<\/span>,\u00a0<span class=\"cite\">18740\u00a0<\/span>,\u00a0<span class=\"cite\">18745\u00a0<\/span>,\u00a0<span class=\"cite\">18750\u00a0<\/span>, or\u00a0<span class=\"cite\">18755 of the Penal Code\u00a0<\/span>, or of a felony involving death, great bodily injury, or an act which poses a serious threat of bodily harm to another person, or a violation of the law of any other state or the United States that includes all the elements of any of the above felonies as defined under California law, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession or under his or her custody or control any firearm or any other deadly weapon.<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(2)\u2002The court shall notify the Department of Justice of the court order finding the person to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order.<\/p>\n<\/div>\n<\/div>\n<div class=\"subsection\">\n<div class=\"subsection\">\n<p>(c)(1)\u2002A person who has been found, pursuant to\u00a0<span class=\"cite\">Section 1026 of the Penal Code\u00a0<\/span>or the law of any other state or the United States, not guilty by reason of insanity of any crime other than those described in subdivision (b) shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon unless the court of commitment has found the person to have recovered sanity, pursuant to\u00a0<span class=\"cite\">Section 1026.2 of the Penal Code\u00a0<\/span>or the law of any other state or the United States.<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(2)\u2002The court shall notify the Department of Justice of the court order finding the person to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. \u2002The court shall also notify the Department of Justice when it finds that the person has recovered his or her sanity as soon as possible, but not later than one court day after making the finding.<\/p>\n<\/div>\n<\/div>\n<div class=\"subsection\">\n<div class=\"subsection\">\n<p>(d)(1)\u2002A person found by a court to be mentally incompetent to stand trial, pursuant to\u00a0<span class=\"cite\">Section 1370\u00a0<\/span>or\u00a0<span class=\"cite\">1370.1 of the Penal Code\u00a0<\/span>or the law of any other state or the United States, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon, unless there has been a finding with respect to the person of restoration to competence to stand trial by the committing court, pursuant to\u00a0<span class=\"cite\">Section 1372 of the Penal Code\u00a0<\/span>or the law of any other state or the United States.<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(2)\u2002The court shall notify the Department of Justice of the court order finding the person to be mentally incompetent as described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. \u2002The court shall also notify the Department of Justice when it finds that the person has recovered his or her competence as soon as possible, but not later than one court day after making the finding.<\/p>\n<\/div>\n<\/div>\n<div class=\"subsection\">\n<div class=\"subsection\">\n<p>(e)(1)\u2002A person who has been placed under conservatorship by a court, pursuant to\u00a0<span class=\"cite\">Section 5350\u00a0<\/span>or the law of any other state or the United States, because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, shall not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody, or control, any firearm or any other deadly weapon while under the conservatorship if, at the time the conservatorship was ordered or thereafter, the court that imposed the conservatorship found that possession of a firearm or any other deadly weapon by the person would present a danger to the safety of the person or to others. \u2002Upon placing a person under conservatorship, and prohibiting firearm or any other deadly weapon possession by the person, the court shall notify the person of this prohibition.<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(2)\u2002The court shall notify the Department of Justice of the court order placing the person under conservatorship and prohibiting firearm or any other deadly weapon possession by the person as described in paragraph (1) as soon as possible, but not later than one court day after placing the person under conservatorship. \u2002The notice shall include the date the conservatorship was imposed and the date the conservatorship is to be terminated. \u2002If the conservatorship is subsequently terminated before the date listed in the notice to the Department of Justice or the court subsequently finds that possession of a firearm or any other deadly weapon by the person would no longer present a danger to the safety of the person or others, the court shall notify the Department of Justice as soon as possible, but not later than one court day after terminating the conservatorship.<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(3)\u2002All information provided to the Department of Justice pursuant to paragraph (2) shall be kept confidential, separate, and apart from all other records maintained by the Department of Justice, and shall be used only to determine eligibility to purchase or possess firearms or other deadly weapons. \u2002A person who knowingly furnishes that information for any other purpose is guilty of a misdemeanor. \u2002All the information concerning any person shall be destroyed upon receipt by the Department of Justice of notice of the termination of conservatorship as to that person pursuant to paragraph (2).<\/p>\n<\/div>\n<\/div>\n<div class=\"subsection\">\n<div class=\"subsection\">\n<div class=\"subsection\">\n<p>(f)(1)(A)\u2002A person who has been (i) taken into custody as provided in\u00a0<span class=\"cite\">Section 5150\u00a0<\/span>because that person is a danger to himself, herself, or to others, (ii) assessed within the meaning of\u00a0<span class=\"cite\">Section 5151\u00a0<\/span>, and (iii) admitted to a designated facility within the meaning of\u00a0<span class=\"cite\">Sections 5151\u00a0<\/span>and\u00a0<span class=\"cite\">5152\u00a0<\/span>because that person is a danger to himself, herself, or others, shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years after the person is released from the facility.<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(B)\u2002A person who has been taken into custody, assessed, and admitted as specified in subparagraph (A), and who was previously taken into custody, assessed, and admitted as specified in subparagraph (A) one or more times within a period of one year preceding the most recent admittance, shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for the remainder of his or her life.<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(C)\u2002A person described in this paragraph, however, may own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase any firearm if the superior court has, pursuant to paragraph (5), found that the people of the State of California have not met their burden pursuant to paragraph (6).<\/p>\n<\/div>\n<\/div>\n<div class=\"subsection\">\n<div class=\"subsection\">\n<div class=\"subsection\">\n<p>(2)(A)(i)\u2002For each person subject to this subdivision, the facility shall, within 24 hours of the time of admission, submit a report to the Department of Justice, on a form prescribed by the Department of Justice, containing information that includes, but is not limited to, the identity of the person and the legal grounds upon which the person was admitted to the facility.<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(ii)\u2002Any report submitted pursuant to this paragraph shall be confidential, except for purposes of the court proceedings described in this subdivision and for determining the eligibility of the person to own, possess, control, receive, or purchase a firearm.<\/p>\n<\/div>\n<\/div>\n<div class=\"subsection\">\n<p>(B)\u2002Facilities shall submit reports pursuant to this paragraph exclusively by electronic means, in a manner prescribed by the Department of Justice.<\/p>\n<\/div>\n<\/div>\n<div class=\"subsection\">\n<p>(3)\u2002Prior to, or concurrent with, the discharge, the facility shall inform a person subject to this subdivision that he or she is prohibited from owning, possessing, controlling, receiving, or purchasing any firearm for a period of five years or, if the person was previously taken into custody, assessed, and admitted to custody for a 72-hour hold because he or she was a danger to himself, herself, or to others during the previous one-year period, for life. \u2002Simultaneously, the facility shall inform the person that he or she may request a hearing from a court, as provided in this subdivision, for an order permitting the person to own, possess, control, receive, or purchase a firearm. \u2002The facility shall provide the person with a copy of the most recent \u201cPatient Notification of Firearm Prohibition and Right to Hearing Form\u201d prescribed by the Department of Justice. \u2002The Department of Justice shall update this form in accordance with the requirements of this section and distribute the updated form to facilities by January 1, 2020. \u2002The form shall include information regarding how the person was referred to the facility. \u2002The form shall include an authorization for the release of the person&#8217;s mental health records, upon request, to the appropriate court, solely for use in the hearing conducted pursuant to paragraph (5). \u2002A request for the records may be made by mail to the custodian of records at the facility, and shall not require personal service. \u2002The facility shall not submit the form on behalf of the person subject to this subdivision.<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(4)\u2002The Department of Justice shall provide the form upon request to any person described in paragraph (1). \u2002The Department of Justice shall also provide the form to the superior court in each county. \u2002A person described in paragraph (1) may make a single request for a hearing at any time during the five-year period or period of the lifetime prohibition. \u2002The request for hearing shall be made on the form prescribed by the department or in a document that includes equivalent language.<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(5)\u2002A person who is subject to paragraph (1) who has requested a hearing from the superior court of his or her county of residence for an order that he or she may own, possess, control, receive, or purchase firearms shall be given a hearing. \u2002The clerk of the court shall set a hearing date and notify the person, the Department of Justice, and the district attorney. \u2002The people of the State of California shall be the plaintiff in the proceeding and shall be represented by the district attorney. \u2002Upon motion of the district attorney, or on its own motion, the superior court may transfer the hearing to the county in which the person resided at the time of his or her detention, the county in which the person was detained, or the county in which the person was evaluated or treated. \u2002Within seven days after the request for a hearing, the Department of Justice shall file copies of the reports described in this section with the superior court. \u2002The reports shall be disclosed upon request to the person and to the district attorney. \u2002The court shall set the hearing within 60 days of receipt of the request for a hearing. \u2002Upon showing good cause, the district attorney shall be entitled to a continuance not to exceed 30 days after the district attorney was notified of the hearing date by the clerk of the court. \u2002If additional continuances are granted, the total length of time for continuances shall not exceed 60 days. \u2002The district attorney may notify the county behavioral health director of the hearing who shall provide information about the detention of the person that may be relevant to the court and shall file that information with the superior court. \u2002That information shall be disclosed to the person and to the district attorney. \u2002The court, upon motion of the person subject to paragraph (1) establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. \u2002Notwithstanding any other law, declarations, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under\u00a0<span class=\"cite\">Section 352 of the Evidence Code\u00a0<\/span>shall be admissible at the hearing under this section.<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(6)\u2002The people shall bear the burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner.<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(7)\u2002If the court finds at the hearing set forth in paragraph (5) that the people have not met their burden as set forth in paragraph (6), the court shall order that the person shall not be subject to the five-year prohibition or lifetime prohibition, as appropriate, in this section on the ownership, control, receipt, possession, or purchase of firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with\u00a0<span class=\"cite\">Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code\u00a0<\/span>for the return of any firearms. \u2002A copy of the order shall be submitted to the Department of Justice. \u2002Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition against firearms from the person&#8217;s state mental health firearms prohibition system information.<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(8)\u2002If the district attorney declines or fails to go forward in the hearing, the court shall order that the person shall not be subject to the five-year prohibition or lifetime prohibition required by this subdivision on the ownership, control, receipt, possession, or purchase of firearms. \u2002A copy of the order shall be submitted to the Department of Justice. \u2002Upon receipt of the order, the Department of Justice shall, within 15 days, delete any reference to the prohibition against firearms from the person&#8217;s state mental health firearms prohibition system information, and that person shall comply with the procedure described in Chapter 2 (commencing with\u00a0<span class=\"cite\">Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code\u00a0<\/span>for the return of any firearms.<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(9)\u2002This subdivision does not prohibit the use of reports filed pursuant to this section to determine the eligibility of persons to own, possess, control, receive, or purchase a firearm if the person is the subject of a criminal investigation, a part of which involves the ownership, possession, control, receipt, or purchase of a firearm.<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(10)\u2002If the court finds that the people have met their burden to show by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner and the person is subject to a lifetime firearm prohibition because the person had been admitted as specified in subparagraph (A) of paragraph (1) more than once within the previous one-year period, the court shall inform the person of his or her right to file a subsequent petition no sooner than five years from the date of the hearing.<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(11)\u2002A person subject to a lifetime firearm prohibition is entitled to bring subsequent petitions pursuant to this subdivision. \u2002A person shall not be entitled to file a subsequent petition, and shall not be entitled to a subsequent hearing, until five years have passed since the determination on the person&#8217;s last petition. \u2002A hearing on subsequent petitions shall be conducted as described in this subdivision, with the exception that the burden of proof shall be on the petitioner to establish by a preponderance of the evidence that the petitioner can use a firearm in a safe and lawful manner. \u2002Subsequent petitions shall be filed in the same court of jurisdiction as the initial petition regarding the lifetime firearm prohibition.<\/p>\n<\/div>\n<\/div>\n<div class=\"subsection\">\n<div class=\"subsection\">\n<div class=\"subsection\">\n<p>(g)(1)(i)\u2002\u00a0<span class=\"footnote-reference\">\u20091<\/span>A person who has been certified for intensive treatment under\u00a0<span class=\"cite\">Section 5250\u00a0<\/span>,\u00a0<span class=\"cite\">5260\u00a0<\/span>, or\u00a0<span class=\"cite\">5270.15\u00a0<\/span>shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for a period of five years.<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(ii)\u2002\u00a0<span class=\"footnote-reference\">\u20092<\/span>Any person who meets the criteria contained in subdivision (e) or (f) who is released from intensive treatment shall nevertheless, if applicable, remain subject to the prohibition contained in subdivision (e) or (f).<\/p>\n<\/div>\n<\/div>\n<div class=\"subsection\">\n<div class=\"subsection\">\n<p>(2)(A)\u2002For each person certified for intensive treatment under paragraph (1), the facility shall, within 24 hours of the certification, submit a report to the Department of Justice, on a form prescribed by the department, containing information regarding the person, including, but not limited to, the legal identity of the person and the legal grounds upon which the person was certified. \u2002A report submitted pursuant to this paragraph shall only be used for the purposes specified in paragraph (2) of subdivision (f).<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(B)\u2002Facilities shall submit reports pursuant to this paragraph exclusively by electronic means, in a manner prescribed by the Department of Justice.<\/p>\n<\/div>\n<\/div>\n<div class=\"subsection\">\n<p>(3)\u2002Prior to, or concurrent with, the discharge of each person certified for intensive treatment under paragraph (1), the facility shall inform the person of that information specified in paragraph (3) of subdivision (f).<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(4)\u2002A person who is subject to paragraph (1) may petition the superior court of his or her county of residence for an order that he or she may own, possess, control, receive, or purchase firearms. \u2002At the time the petition is filed, the clerk of the court shall set a hearing date within 60 days of receipt of the petition and notify the person, the Department of Justice, and the district attorney. \u2002The people of the State of California shall be the respondent in the proceeding and shall be represented by the district attorney. \u2002Upon motion of the district attorney, or on its own motion, the superior court may transfer the petition to the county in which the person resided at the time of his or her detention, the county in which the person was detained, or the county in which the person was evaluated or treated. \u2002Within seven days after receiving notice of the petition, the Department of Justice shall file copies of the reports described in this section with the superior court. \u2002The reports shall be disclosed upon request to the person and to the district attorney. \u2002The district attorney shall be entitled to a continuance of the hearing to a date of not less than 30 days after the district attorney was notified of the hearing date by the clerk of the court. \u2002If additional continuances are granted, the total length of time for continuances shall not exceed 60 days. \u2002The district attorney may notify the county behavioral health director of the petition, and the county behavioral health director shall provide information about the detention of the person that may be relevant to the court and shall file that information with the superior court. \u2002That information shall be disclosed to the person and to the district attorney. \u2002The court, upon motion of the person subject to paragraph (1) establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. \u2002Notwithstanding any other law, any declaration, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under\u00a0<span class=\"cite\">Section 352 of the Evidence Code\u00a0<\/span>, shall be admissible at the hearing under this section. \u2002If the court finds by a preponderance of the evidence that the person would be likely to use firearms in a safe and lawful manner, the court may order that the person may own, control, receive, possess, or purchase firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with\u00a0<span class=\"cite\">Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code\u00a0<\/span>for the return of any firearms. \u2002A copy of the order shall be submitted to the Department of Justice. \u2002Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition against firearms from the person&#8217;s state mental health firearms prohibition system information.<\/p>\n<\/div>\n<\/div>\n<div class=\"subsection\">\n<div class=\"subsection\">\n<p>(h)(1)\u2002For all persons identified in subdivisions (f) and (g), facilities shall report to the Department of Justice as specified in those subdivisions, except facilities shall not report persons under subdivision (g) if the same persons previously have been reported under subdivision (f).<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(2)\u2002Additionally, all facilities shall report to the Department of Justice upon the discharge of persons from whom reports have been submitted pursuant to subdivision (f) or (g). \u2002However, a report shall not be filed for persons who are discharged within 31 days after the date of admission.<\/p>\n<\/div>\n<\/div>\n<div class=\"subsection\">\n<p>(i)\u2002Every person who owns or possesses or has under his or her custody or control, or purchases or receives, or attempts to purchase or receive, any firearm or any other deadly weapon in violation of this section shall be punished by imprisonment pursuant to\u00a0<span class=\"cite\">subdivision (h) of Section 1170 of the Penal Code\u00a0<\/span>or in a county jail for not more than one year.<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(j)\u2002\u201c<span class=\"wordphrase\">Deadly weapon<\/span>,\u201d as used in this section, has the meaning prescribed by\u00a0<span class=\"cite\">Section 8100\u00a0<\/span>.<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(k)\u2002Any notice or report required to be submitted to the Department of Justice pursuant to this section shall be submitted in an electronic format, in a manner prescribed by the Department of Justice.<\/p>\n<\/div>\n<div class=\"subsection\">\n<p>(<i>l<\/i>)\u2002This section shall become operative on January 1, 2020.<\/p>\n<\/div>\n<div class=\"footnote\">1\u2009So in enrolled bill.<\/div>\n<div class=\"footnote\">2\u2009So in enrolled bill.<\/div>\n<p><br class=\"avia-permanent-lb\" \/><br class=\"avia-permanent-lb\" \/><\/p>\n<\/div>\n<\/div>\n<hr \/>\n<p><a href=\"https:\/\/crowdsourcelawyers.com\/\">CrowdSourceLawyers.com<\/a><\/p>\n<\/div><\/section>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":7,"featured_media":0,"parent":2019,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-2899","page","type-page","status-publish","hentry"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v28.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Welfare And Institutions Code 8103 - California Statutes<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/crowdsourcelawyers.com\/california-statutes\/california-statutes\/welfare-and-institutions-code-8103\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" 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