§ 856. — 856. (Amended by Stats. 1970, Ch. 1099.)

California § 856.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 3.6.
• Title 1.: DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES
• Part 2.: PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES
• Ch. 5.: CHAPTER 5. Medical, Hospital and Public Health Activities

Text

(a)
Neither a public entity nor a public employee acting within the scope of his employment is liable for any injury resulting from determining in accordance with any applicable enactment:
(1)
Whether to confine a person for mental illness or addiction.
(2)
The terms and conditions of confinement for mental illness or addiction.
(3)
Whether to parole, grant a leave of absence to, or release a person confined for mental illness or addiction.
(b)
A public employee is not liable for carrying out with due care a determination described in subdivision (a).
(c)
Nothing in this section exonerates a public employee from liability for injury proximately caused by his negligent or wrongful act or omission in carrying out or failing to carry out:
(1)
A determination to confine or not to confine a person for mental illness or addiction.
(2)
The terms or conditions of confinement of a person for mental illness or addiction.
(3)
A determination to parole, grant a leave of absence to, or release a person confined for mental illness or addiction.

Legislative History

Amended by Stats. 1970, Ch. 1099.