CA Gov't Code Section 856


(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.
Last Updated

Aug. 19, 2023

§ 856’s source at ca​.gov