Form HC-003 "Petition for Writ of Habeas Corpus - Penal Commitment" - California

What Is Form HC-003?

This is a legal form that was released by the California Superior Court - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on September 1, 2018;
  • The latest edition provided by the California Superior Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form HC-003 by clicking the link below or browse more documents and templates provided by the California Superior Court.

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Download Form HC-003 "Petition for Writ of Habeas Corpus - Penal Commitment" - California

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HC-003
ATTORNEY OR PETITIONER WITHOUT ATTORNEY
STATE BAR NUMBER:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
PETITIONER'S BIRTHDATE:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
IN THE MATTER OF (NAME) :
Petitioner
CASE NUMBER:
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):
2. Petitioner was admitted to the treatment facility on (date):
and is currently being held pursuant to:
Penal Code, § 1026 (not guilty by reason of insanity)
Penal Code, § 1026.5(b) (extended commitment)
Penal Code, § 1370 (incompetent to stand trial)
Penal Code, § 2684 (prisoners transferred to state hospital)
Penal Code, § 2962 (mentally disordered offender)
Former W & I, § 6300 (MDSO)
Other (specify):
3. Check at least one box:
a.
Petitioner is illegally confined for the following reason:
b.
Petitioner has been denied the following rights without good cause (Pen. Code, § 2600):
4. Petitioner has no adequate and speedy remedy at law.
5. Have you made any previous requests for relief from this confinement?
If your answer is yes, state the nature and grounds for your request, the date it was made, and the result:
6.
Petitioner requests that this court (check all that apply):
a.
Issue a Writ of Habeas Corpus to the director of the facility named in item 1, commanding that the petitioner be brought
before this court at a specified time and place.
b.
Order the facility personnel to release petitioner from said restraint.
c.
Order that all rights to which petitioner is entitled as a patient be observed.
d.
Grant such other relief as this court deems appropriate.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF PETITIONER OR PERSON REQUESTING
WRIT ON PETITIONER'S BEHALF)
Page 1 of 1
Form Approved for Optional Use
PETITION FOR WRIT OF HABEAS CORPUS—Penal Commitment
Cal. Rules of Court, rule 4.551
Judicial Council of California
www.courts.ca.gov
(Mental Health)
HC-003 [Rev. September 1, 2018]
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
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HC-003
ATTORNEY OR PETITIONER WITHOUT ATTORNEY
STATE BAR NUMBER:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
PETITIONER'S BIRTHDATE:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
IN THE MATTER OF (NAME) :
Petitioner
CASE NUMBER:
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):
2. Petitioner was admitted to the treatment facility on (date):
and is currently being held pursuant to:
Penal Code, § 1026 (not guilty by reason of insanity)
Penal Code, § 1026.5(b) (extended commitment)
Penal Code, § 1370 (incompetent to stand trial)
Penal Code, § 2684 (prisoners transferred to state hospital)
Penal Code, § 2962 (mentally disordered offender)
Former W & I, § 6300 (MDSO)
Other (specify):
3. Check at least one box:
a.
Petitioner is illegally confined for the following reason:
b.
Petitioner has been denied the following rights without good cause (Pen. Code, § 2600):
4. Petitioner has no adequate and speedy remedy at law.
5. Have you made any previous requests for relief from this confinement?
If your answer is yes, state the nature and grounds for your request, the date it was made, and the result:
6.
Petitioner requests that this court (check all that apply):
a.
Issue a Writ of Habeas Corpus to the director of the facility named in item 1, commanding that the petitioner be brought
before this court at a specified time and place.
b.
Order the facility personnel to release petitioner from said restraint.
c.
Order that all rights to which petitioner is entitled as a patient be observed.
d.
Grant such other relief as this court deems appropriate.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF PETITIONER OR PERSON REQUESTING
WRIT ON PETITIONER'S BEHALF)
Page 1 of 1
Form Approved for Optional Use
PETITION FOR WRIT OF HABEAS CORPUS—Penal Commitment
Cal. Rules of Court, rule 4.551
Judicial Council of California
www.courts.ca.gov
(Mental Health)
HC-003 [Rev. September 1, 2018]
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
Print this form
Save this form
Clear this form