{"code":"GOV","codeName":"Government Code","section":"856","citation":"Gov. Code, § 856","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"TITLE 1. GENERAL [100. - 7931.000.]","url":"https://blackletter.si/government-code/title-1"},{"name":"DIVISION 3.6. CLAIMS AND ACTIONS AGAINST PUBLIC ENTITIES AND PUBLIC EMPLOYEES [810. - 998.3.]","url":"https://blackletter.si/government-code/title-1/division-3.6"},{"name":"PART 2. LIABILITY OF PUBLIC ENTITIES AND PUBLIC EMPLOYEES [814. - 895.8.]","url":"https://blackletter.si/government-code/title-1/division-3.6/part-2"},{"name":"CHAPTER 5. Medical, Hospital and Public Health Activities [854. - 856.6.]","url":"https://blackletter.si/government-code/title-1/division-3.6/part-2/chapter-5"}],"history":"Amended by Stats. 1970, Ch. 1099.","effective":null,"html":"<p>(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:</p><p>(1) Whether to confine a person for mental illness or addiction.</p><p>(2) The terms and conditions of confinement for mental illness or addiction. </p><p>(3) Whether to parole, grant a leave of absence to, or release a person confined for mental illness or addiction.</p><p>(b) A public employee is not liable for carrying out with due care a determination described in subdivision (a).</p><p>(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:</p><p>(1) A determination to confine or not to confine a person for mental illness or addiction.</p><p>(2) The terms or conditions of confinement of a person for mental illness or addiction.</p><p>(3) A determination to parole, grant a leave of absence to, or release a person confined for mental illness or addiction.</p>","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.","otherVersions":[],"url":"https://blackletter.si/government-code/medical-hospital-and-public-health-activities-856","source":"California Legislative Information bulk export (pubinfo)"}