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Chapter Sixteen (Rules 1601 to 1608): capacity hearings for involuntary medication - petitions filed by 4:45 p.m. with the Clerk or the Deputy Clerk at the Psychiatric Health Facility, the hearing days, postponements, determinations, appeals and hearing officers (Rules 1601 to 1604); and certification review hearings for involuntarily detained patients - the Notice of Certification, hearings within four (4) days, postponement up to forty-eight (48) hours, determinations, appeals and hearing officers (Rules 1605 to 1608).
California > Second Appellate District > Santa Barbara County > Superior Court of California, County of Santa Barbara
Chapter Sixteen: Mental Health Rules (Rule 1600 repealed effective 07-01-09; adopted effective 07-01-98; previously amended effective 01-01-99) 1601 CAPACITY HEARINGS FOR INVOLUNTARY MEDICATION (a) [Filing of Petition] Santa Barbara County Mental Health Department petitions for capacity hearings pursuant to Welfare & Institutions Code (“W&I”) section 5333 shall be filed with the Clerk or with the Deputy Clerk at the Psychiatric Health Facility (“PHF”), located at 315 Camino Del Remedio, Santa Barbara by 4:45 p.m. of each court day. The form of the Petition for Capacity Hearing shall be the form included in the Appendix to these local rules. A copy of the Petition shall be provided to the person who is the subject of the Petition and his or her advocate or counsel at the time it is filed. If the filing of the petition is at the PHF, the Deputy Clerk shall promptly call the Clerk for assignment of a case number, and shall thereafter electronically transmit a fax of the Petition to the Clerk. (b) [Scheduling Capacity Hearings] Upon the issuance of a case number, the Clerk or, if filed at the PHF, the Deputy Clerk shall give notice of the capacity hearing to the person who is the subject of the petition, and his or her advocate or counsel. The capacity hearing shall be held before a hearing officer at the PHF in accordance with the following local policy schedule developed by the Presiding Judge and the County Director of Alcohol, Drugs and Mental Health Services (“ADMHS”) to insure that all parties can appropriately respond to the petition: Petitions filed on Mondays and Tuesdays shall be heard on Wednesdays. Petitions filed on Wednesdays and Thursdays shall be heard on Fridays. Petitions filed on Fridays shall be heard on Mondays. Earlier hearings can be calendared with the consent of all involved parties. (c) [Postponement of capacity hearings] Postponement of capacity hearings may be made by the Clerk or Deputy Clerk in the event of the following hardships: petitions filed on or intervening weekends or legal holidays; untimely physical illness of hearing officer, patient, patient's counsel or advocate, attending physician, or treatment facility counselor the physical unavailability of the patient at the PHF. In no event shall capacity hearings be held beyond seventy-two (72) hours of filing of the initial petition. (Amended 07-01-09; adopted effective 07-01-98) 1602 CAPACITY HEARING DETERMINATIONS The person who is the subject of the capacity hearing shall be given oral notification of the determination at the conclusion of the hearing, by the hearing officer. As soon as thereafter as is practical, the person, his or her counsel or advocate, and the director of the facility where the person is receiving treatment shall be provided with written notification of the hearing determination, which shall include a statement of the evidence relied upon and the reason for the determination. A copy of the ruling shall be submitted to the Clerk. Upon completion of the capacity hearing, the Deputy Clerk at the PHF shall personally deliver the original Petition, if filed with the Deputy Clerk, and all other documents related to the hearing to the Clerk. (Amended 07-01-09; adopted effective 07-01-98) 1603 CAPACITY HEARING APPEALS (a) [Appeal of Capacity Hearing Determinations] Appeal of a capacity hearing determination may be made to the Court by the patient or with the consent of the County Counsel, by the person who files the original petition (W&I Code section 5334). The form to be used for an appeal made on behalf of the patient shall be the form included in the Appendix to these local rules. Appeals of capacity hearing determinations shall be filed with the Clerk or with the Deputy Clerk by 4:45 p.m. of each court day. If an Appeal is filed at the PHF, the Deputy Clerk shall promptly call the Clerk and shall thereafter fax a copy of the Appeal to the Clerk. Appeal case numbers shall be the same as the capacity hearing petition number. All appeals to the Court shall be subject to de novo review and shall be heard within seventy (72) hours not including weekends and holidays. (b) [Representation on Appeal] Upon request or upon court order, the Public Defender shall represent any person who is not financially able to employ counsel in appeal proceedings resulting from capacity hearing determinations. In cases where the patient's representative on appeal is the Public Defender, a copy of the Appeal shall be provided to the Public Defender. (Amended 07-01-09; adopted effective 07-01-98) 1604 CAPACITY HEARING OFFICER QUALIFICATIONS & APPOINTMENT Capacity hearings shall be conducted by a judge, a commissioner or referee, or a court-appointed hearing officer. All commissioners, referees, and hearing officers shall be appointed by the court from a list of attorneys unanimously approved by a panel composed of the local ADMHS Director, the Public Defender, and the County Counsel or District Attorney designated by the Board of Supervisors. No employee of the county ADMHS or of any facility designated by the County and approved by the State Department of Mental Health as a facility for 72-hour treatment and evaluation may serve as a hearing officer. All hearing officers shall receive training in the issues specific to capacity hearings. (Amended 07-01-09; adopted effective 07-01-98) 1605 CERTIFICATION REVIEW HEARINGS FOR INVOLUNTARILY DETAINED PSYCHIATRIC PATIENTS (a)(1) [Requirement for a Notice of Certification] To detain a person involuntarily in a facility designated by the County and approved by the State Department of Mental Health as a facility for 72-hour treatment and evaluation, placed under W&I Code section 5150 in such a seventy-two(72) hour treatment and evaluation facility for up to fourteen (14) days of intensive treatment (W&I Code section 5250); or for up to an additional fourteen (14) days of intensive treatment for suicidal persons (W&I Code section 5260); or, for up to an additional thirty (30) days of intensive treatment for gravely disabled persons (W&I Code section 5270.15), a Notice of Certification for such involuntary detention shall be executed designating the particular detention period applicable and the facts forming the basis of the need for such involuntary detention and intensive treatment. (a)(2) The Notice of Certification shall be signed by two “professional persons” who personally participated in the evaluation. (Welfare & Institutions code sections 5251, 5261 and 5270.20). (b) [Form of Notice of Certification] The Notice of Certification forms for W&I code sections 5250 and 5270.15 are prescribed in W&I code section 5252. The Notice form for W&I Code section 5260 is prescribed in W&I Code Sections 5262. Both forms are included in the Appendix to these Rules. (c) [Notice to the Court] Upon the completion of the Notice of Certification form by the “two professionals”, the treating facility shall place an identification number in the top portion of the form. A copy of the form shall then be promptly faxed to the Clerk. The original form shall be personally delivered to the Deputy Clerk assigned to the treatment facility in which the patient is detained. (d) [Notice to Patient and Others] A copy of the Notice of Certification for a hearing under W&I Code section 5250 shall be personally delivered to the Director of the approved treatment facility or his or her designee and to the patient certified. A copy shall be promptly provided either personally or by fax to the patient’s counsel, if any, the patient rights advocate and such other person(s) as the patient designates. (W&I Code section 5253). For the additional certifications under Welfare & Institutions code sections 5260 and 5270.15, the copy distribution above shall apply plus a copy to the County Counsel. (e)(1) [Time Elements for Hearings] The Certification Review Hearings shall be held within four (4) days from the date on which the patient is certified to be detained involuntarily, to receive intensive treatment, or for additional detention for further intensive treatment. A patient certified under W&I Code section 5250 also shall have a certification hearing within seven (7) days of the original involuntary admission to the treatment and evaluation facility under the committing W&I Code section 5150. (e)(2) Hearings may be postponed up to forty-eight (48) hours upon the request of the patient or his or her attorney or advocate. (e)(3) A patient may bypass the certification review hearing by requesting a judicial review via habeas corpus. (Amended 07-01-09; adopted effective 07-01-99) 1606 CERTIFICATION REVIEW HEARING DETERMINATIONS The person who is the subject of a certification review hearing shall be given oral notification of the determination at the conclusion of the certification review hearing by the hearing officer. As soon as thereafter as is practical, the person, his or her counsel or advocate, and the director of the facility where the person is receiving treatment, shall be provided with written notification of the certification review hearing determination, which shall include a statement of the evidence relied upon and the reason for the determination. Upon completion of the certification review hearing, the Deputy Clerk at the treatment facility shall deliver the original of the notice of certification, and all other writings and documents of the certification review hearing together with the original of the hearing officer’s written determination to the Clerk. (Amended 07-01-09; adopted effective 07-01-99) 1607 CERTIFICATION REVIEW HEARING APPEALS (a)(1) [Appeal of Certification Review Hearing Determination] Appeals of certification review hearings shall be filed with the Clerk or with the Deputy Clerk assigned at each facility designated by Santa Barbara County and approved by the State Department of Mental health as a facility for seventy-two (72) hour treatment and evaluation by 4:45 p.m. of each Court business day. (a)(2) If the filing of an Appeal is at an approved treatment facility, the Deputy Clerk assigned at the treatment facility shall promptly call the Clerk or his or her designee for assignment of a case number and shall thereafter fax a copy of the Appeal to the Clerk. (a)(3) Upon the filing of an Appeal, the Clerk or the Deputy Clerk at an approved treatment facility shall promptly provide a copy of the Appeal, either personally or by fax to the Director of the treatment facility or his or her designee, the patient’s rights advocate, the patient’s counsel, if any, the Public Defender and the County Counsel. (b) [Representation on Appeal] Upon request, or upon court order, the Public Defender shall represent any person who is not financially able to employ counsel in appeal proceedings resulting from certification review determinations. (Amended 07-01-09; adopted effective 07-01-99) 1608 CERTIFICATION REVIEW HEARING OFFICER QUALIFICATIONS & APPOINTMENTS The certification review hearing shall be conducted by either a court-appointed commissioner or referee, or a certification review hearing officer. The certification review hearing officer shall be either a state qualified administrative law hearing officer, a medical doctor, a licensed psychologist, a registered nurse, a lawyer, a certified law student, a licensed clinical social worker, or a licensed marriage, family and child counselor. Licensed psychologists, licensed social workers, licensed marriage, family and child counselors, and registered nurses who serve as certification review hearing officers shall have had a minimum of five (5) years experience in mental health. Certification review hearing officers shall be selected from a list of eligible persons unanimously approved by a panel composed of the Director of ADMHS, the Public Defender, and the County Counsel or District Attorney designated by the Board of Supervisors. No employee of the ADMHS or of any facility designated by the county and approved by the State Department of Mental Health as a facility for seventy-two (72) hour treatment and evaluation may serve as a certification review hearing officer. (Amended 07-01-09; adopted effective 07-01-99)
Chapter Sixteen: Mental Health Rules (Rule 1600 repealed effective 07-01-09; adopted effective 07-01-98; previously amended effective 01-01-99) 1601 CAPACITY HEARINGS FOR INVOLUNTARY MEDICATION (a) [Filing of Petition] Santa Barbara County Mental Health Department petitions for capacity hearings pursuant to Welfare & Institutions Code (“W&I”) section 5333 shall be filed with the Clerk or with the
Reviewer note: Composed 2026-10-07 (California T4 Santa Barbara build 2026-10-07) from BenchPath custody ca/t4/ca-santa-barbara/pages/forms-filing__local-rules.html (the court's Local Rules page, “Current Local Rules / Effective January 1, 2025”, as fetched 2026-10-07; 894893 bytes, sha256 1059f4db3448c727e841119aa4222d3065d08c4da61c2ab925230763ca01031a) with html-compose.py (the Orange composer) over the page's content sections, after build/ol_markers.py wrote into each ordered-list item the label the browser draws (the page sets the rules' subdivisions as HTML ordered lists, whose labels are not in its text: 327 labels - 192 decimal, 80 lower-alpha, 31 lower-roman and 24 upper-alpha - the counts the browser computed on the live page); the page's opening lines (its heading, effective date, note and links) and its closing Appendices list belong to no chapter; the rule body cut at the chapter headings. Proofs: the composer's (the multiset of non-space characters equals the sections' text less chrome), the labels are the only characters added, the labels match the browser's counts, and the cut reassembles the rule body. The page's “PDF version” link serves a book marked effective January 1, 2027 that carries rules still proposed for comment; it is held with its receipt and a review task, and the page is the source. Review note: Rule 1603(a) prints “shall be heard within seventy (72) hours” (a review task).
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.