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Petition For Writ Of Habeas Corpus-Penal Commitment (Mental Health) Form. This is a California form and can be use in Miscellaneous Judicial Council.
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Tags: Petition For Writ Of Habeas Corpus-Penal Commitment (Mental Health), MC-270, California Judicial Council, Miscellaneous
MC–270
ATTORNEY OR PETITIONER WITHOUT ATTORNEY (Name and Address):
TELEPHONE NO.:
FOR COURT USE ONLY
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
PETITIONER'S BIRTH DATE:
:
Index No.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
:
IN THE MATTER OF (NAME):
Plaintiff(s)
Calendar No.
:
CASE NUMBER:
JUDICIAL SUBPOENA
Petitioner
-against:
PETITION FOR WRIT OF HABEAS CORPUS—Penal Commitment
:
1. Petitioner is being unlawfully restrained of liberty at (specify name of treatment facility):
:
by (specify name of persons having custody, if known):
Defendant(s)
:
........... ....... ..... . .....
and is currently being held pursuant to:
2. Petitioner was admitted to the. treatment. facility .on. (date): . . . . . . . . . . . . . . . . . . . . .
Penal Code § 1026.5(b) (extended commitment)
Penal Code § 1026 (not guilty by reason of insanity)
Penal Code § 2684 (prisoners transferred to state hospital)
Penal Code § 1370 (incompetent to stand trial)
Former W & I § 6300 (MDSO)
Penal Code § 2962 (mentally disordered offender)
THE PEOPLE OF THE STATE OF NEW YORK
Other (specify):
TO
3. Check at least one box:
Petitioner is illegally confined for the following reason:
a.
GREETINGS:
b.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
located at
County of
Petitioner has been denied the following rights without good cause (Penal Code section 2600):
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to remedy
4. Petitioner has no adequate and speedy comply. at law.
5. Have you made any previous requests for relief from this confinement?
Witness, Honorable
for your request, the date it was made, and the result:
Court in
County,
day of
If your answer is yes, state the nature and grounds
, one of the Justices of the
, 20
(Attorney must sign above and type name below)
6. Petitioner requests that this court (check all that apply):
Issue a Writ of Habeas Corpus to the director of the facility named in item 1, commanding that the petitioner be brought
a.
before this court at a specified time and place.
Attorney(s) for
Order the facility personnel to release petitioner from said restraint.
b.
Order that all rights to which petitioner is entitled as a patient be observed.
c.
Grant such other relief as this court deems appropriate.
d.
Office and P.O. Address
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
Telephone No.:
Facsimile No.:
E-Mail Address:
PETITION FOR WRIT OF HABEAS CORPUS—PenalTel. No.:
Mobile Commitment
(Mental Health)
.....................................................................
(TYPE OR PRINT NAME)
Form Approved for Optional Use
Judicial Council of California
MC-270 [Rev. January 1, 2007]
(SIGNATURE OF PETITIONER OR PERSON REQUESTING WRIT ON PETITIONER'S BEHALF)
Page 1 of 1
Cal. Rules of Court, rule 4.551
www.courtinfo.ca.gov
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