Brewer

When a criminal defendant is found mentally incompetent to stand trial (1ST), the trial court orders such defendant to be delivered by the sheriff to a state hospital or other treatment facility for treatment to restore *128 the defendant to mental competence, or places the defendant on outpatient status. (Pen. Code, § 1370, subd. (a)(l)(B)(i).)

In 2005, the Sacramento County Public Defender (the Public Defender) filed a petition for writ of habeas corpus on behalf of David Osburn and others, contending the Sacramento County Sheriff (the Sheriff) had unlawfully detained petitioners at the county jail by failing to transfer them on a timely basis to a state hospital for restorative treatment. After several rounds of briefing, and an evidentiary hearing, the trial court issued an order (the Osburn Order) commanding that the Sheriff deliver to Napa State Hospital (NSH) all criminal defendants ordered committed to NSH pursuant to section 1370 within seven days of the commitment. The Osburn Order was amended to require the prisoners’ delivery within seven days of the commitment or as soon as the packet of documents required under section 1370 (the section 1370 packet) was…

Concurring and Dissenting. — I concur in the majority’s conclusion that the permanent injunction must be dissolved. I also concur in the majority’s conclusion that the superior court’s attempt to modify the permanent injunction after the notice of appeal was filed is void. I respectfully dissent, however, as to what is to be done on remand. In my opinion, the law does not allow the superior court to craft a new permanent injunction, but instead requires the court to decide each defendant’s petition for writ of habeas corpus on its own unique facts.

I

Due Process Rights of Defendants Found Incompetent to Stand Trial

A. Jackson

The federal Constitution protects defendants found incompetent to stand trial (1ST defendants) from being confined indefinitely. (Jackson v. Indiana (1972) 406 U.S. 715, 738-739 [ 32 L.Ed.2d 435, 451 , 92 S.Ct. 1845 ] (Jackson).) The Jackson court held that, as a matter of due process, “a person charged by a *144 State with a criminal offense who is committed solely on account of his incapacity to proceed to trial cannot be held more than the reasonable period of time necessary to determine whether there is a substantial probability that he will attain…

Filed 3/13/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C075255

Plaintiff, (Super. Ct. No. 13F03215)

v.

JOSEPH BREWER

Defendant and Respondent;

STATE DEPARTMENT OF STATE HOSPITALS,

Objector and Appellant.

[AND 16 OTHER CASES]

 People v. Juan Harrison (No. 13F03657); People v. Chaderick Ingram (No. 12F06567); People v. Pathom Ketphanh (No. 13F01635); People v. Daniel Maciuca (No. 13F02539); People v. Don Clemens (No. 13F04065); People v. Tony Cooper (No. 13F03283); People v. Christopher Dargen (Nos. 09F08924, 11F05776, 13M02488); People v. Timothy Dobrinen (No. 13F03068); People v. Gregory Gunter (No. 13F03155); People v. Troy Charles (No. 13F03363); and People v. Gary Wright (Nos. 11F00627, 12F00076, 12F05014, 13F02691).

1 APPEAL from a judgment of the Superior Court of Sacramento County, Steve White, Judge. Reversed with directions.

Kamala D. Harris, Attorney General, Julie Weng-Gutierrez, Senior Assistant Attorney General, Ismael A. Castro and Lisa A. Tillman, Deputy Attorneys General, for…