SECTIONS 5225-5230

5225.  Whenever a criminal defendant who appears, as a result ofchronic alcoholism or the use of narcotics or restricted dangerousdrugs, to be a danger to others, to himself, or to be gravelydisabled, is brought before any judge, the judge may order thedefendant's evaluation under conditions set forth in this article,provided evaluation services designated in the county plan pursuantto Section 5654 are available.5226.  Such a criminal defendant must be advised of his right toimmediately continue with the criminal proceeding, and it is the dutyof the judge to apprise the defendant fully of his option and of theconsequences which will occur if the defendant chooses theevaluation procedures. The defendant shall have a right to legalcounsel at the proceedings at which the choice is made.5226.1.  If a judge issues an order for evaluation under conditionsset forth in this article, proceedings on the criminal charge thenpending in the court from which the order for evaluation issued shallbe dismissed or suspended until such time as the evaluation of thedefendant and the subsequent detention of the defendant forinvoluntary treatment, if any, are completed. Upon completion of suchevaluation and detention, if any, the defendant shall, if suchcriminal charge has not been dismissed, be returned by the sheriff ofthe county in which the order of evaluation was made, from theevaluation or intensive treatment facility to the custody of thesheriff who shall return the defendant to the court where the orderfor evaluation was made, and proceedings on the criminal charge shallbe resumed or dismissed. If, during evaluation or detention forinvoluntary treatment, the defendant is recommended forconservatorship, and if the criminal charge has not previously beendismissed, the defendant shall be returned by the sheriff to thecourt in which such charge is pending for the disposition of thecriminal charge prior to the initiation of the conservatorshipproceedings. The judge of such court may order such defendant to bedetained in the evaluation or treatment facility until the day setfor the resumption of the proceedings on the criminal charge.5227.  The order for evaluation shall be in substantially thefollowing form: In the ____ Court of the State of California for the County of _____  ______________________________  The People of the State of No.  California _______  Concerning Order  ______________________________ for  and Evaluation  ______________________________ Respondents  ______________________________  The People of the State of California to  _________________________________________________  ________________________________________________: (Professional person in charge of the facility providing evaluation)  ______ has appeared before me and appears to be,  as a result  of ______ (chronic alcoholism, the use of  narcotics, or the use  of restricted dangerous drugs), a danger to  himself, or others, or  gravely disabled.  Now, therefore, you are directed to evaluate  ______ at  ______ on the ____ day of ____, 19_, at __  o'clock  _m.  Witness my hand, this ____ day of ____, 19_. __________________ Judge of the ___  Court Return of Order  I hereby certify that I received the above order  for the evaluation  of ______ and on the ____ day of ____, 19_,  personally served a copy of the order and of the  petition on the professional  person in charge of the ______, a facility for  treatment and  evaluation, or his designee.  Dated: _______, 19__. ___________________________________________ Signature and title5228.  As promptly as possible, a copy of the order for evaluationshall be personally served on the person to be evaluated and theprofessional person in charge of the facility for treatment andevaluation named in the order, or his designee.5229.  At the time a person is ordered to undergo evaluation, orwithin a reasonable time thereafter, unless a responsible relative orthe guardian or conservator of the person is in possession of theperson's personal property, the person shall take reasonableprecautions to preserve and safeguard the personal property in thepossession of or on the premises occupied by the person. The personresponsible for taking him to the evaluation facility shall thenfurnish to the court a report generally describing the person'sproperty so preserved and safeguarded and its disposition, insubstantially the form set forth in Section 5211; except that if aresponsible relative or the guardian or conservator of the person isin possession of the person's property, the report shall include onlythe name of the relative or guardian or conservator and the locationof the property, whereupon responsibility of the person responsiblefor taking him to the evaluation facility for such property shallterminate. As used in this section, "responsible relative" includes thespouse, parent, adult child, or adult brother or sister of theperson.5230.  If, upon evaluation, the person is found to be in need oftreatment because he is, as a result of impairment by chronicalcoholism or the use of narcotics or restricted dangerous drugs, adanger to others, or to himself, or is gravely disabled, he may bedetained for treatment in a facility for 72-hour treatment andevaluation. Except as provided in this section, he shall in no eventbe detained longer than 72 hours from the time of evaluation ordetention for evaluation, excluding Saturdays, Sundays and holidaysif treatment services are not available on those days. Persons who have been detained for evaluation and treatment shallbe released if the criminal charge has been dismissed; released tothe custody of the sheriff or continue to be detained pursuant tocourt order under Section 5226.1; referred for further care andtreatment on a voluntary basis, subject to the disposition of thecriminal action; certified for intensive treatment; or recommendedfor conservatorship pursuant to this part, subject to the dispositionof the criminal charge; as required.