Section 856.
Cal. Government Code - GOV § 856.
in effect(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.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026