California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 5 - Mentally Disordered Offender Certification and Hearing Procedures › Section 2570 - Terminology

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of this article the following terms
					 mean:
(a) Certification Hearing: A
				  hearing conducted by the board for the purpose of determining whether or not a
				  prisoner meets the criteria to be treated as a mentally disordered offender
				  pursuant to Penal Code section
				  2962.
(b) Independent Professional: Psychiatrists
				  and Licensed Psychologists with a doctoral degree in psychology on lists
				  submitted to the board by Department of Corrections and the State Department of
				  Mental Health.
(c) Inpatient
				  Treatment: Mental health treatment provided in a secure facility of the State
				  Department of Mental Health.
(d)
				  Mentally Disordered Offender: A prisoner who meets the criteria for mental
				  health treatment as a condition of parole pursuant to Penal Code section
				  2962.
(e) Placement Hearing: A hearing conducted by
				  the board to determine whether a prisoner shall be treated as an inpatient or
				  an outpatient.
(f) Outpatient
				  Treatment: Mental health treatment provided by a local outpatient program
				  specified by the State Department of Mental Health.
(g) Remission: A finding that the overt signs
				  and symptoms of the severe mental disorder are controlled either by
				  psychotropic medication or psychosocial support.
(h) "Cannot Be Kept in Remission Without
				  Treatment": A person "cannot be kept in remission without treatment" if during
				  the year prior to the question being before the board or a trial court, he or
				  she has been in remission and he or she has been physically violent, except in
				  self-defense, or he or she has made a serious threat of substantial physical
				  harm upon the person of another so as to cause the target of the threat to
				  reasonably fear for his or her safety or the safety of his or her immediate
				  family, or he or she has intentionally caused property damage, or he or she has
				  not voluntarily followed the treatment plan. In determining if a person has
				  voluntarily followed the treatment plan, the standard shall be whether the
				  person has acted as a reasonable person would in following the treatment
				  plan.
(i) Serious Bodily Injury:
				  "Serious Bodily Injury" means a serious impairment of physical condition,
				  including, but not limited to, the following: loss of consciousness;
				  concussions; bone fracture; protracted loss or impairment of functions of any
				  bodily member or organ; a wound requiring extensive suturing; and serious
				  disfigurement.
(j) Severe Mental
				  Disorder: An illness or disease or condition which substantially impairs the
				  person's thought, perception of reality, emotional process, or judgment; or
				  which grossly impairs behavior; or which demonstrates evidence of an acute
				  brain syndrome for which prompt remission in the absence of treatment is
				  unlikely.
"Severe Mental Disorder" does not include a personality or
					 adjustment disorder, epilepsy, mental retardation orother developmental
					 disabilities, or addiction to or abuse of intoxicating
					 substances.
(k) Annual
				  Review Hearing. An annual hearing conducted by the board if the parolee is
				  retained on parole under the provisions of Penal Code section
				  3001 to
				  determine whether the parolee continues to meet the criteria set forth in Penal
				  Code section
				  2962; and if
				  the parolee is still an inpatient, whether he or she shall be treated as an
				  inpatient or outpatient.
1. New
					 section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50).
					 A Certificate of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed on 4-6-88.
2. Emergency language
					 filed 12-7-87 repealed by operation of Government Code section
					 11346.1
					 (Register 88, No. 42).
3. New section filed 10-6-88; operative
					 10-6-88 (Register 88, No. 42).
4. New subsection (k) and amendments
					 to reference citation filed 2-4-91; operative 3-6-91 (Register 91, No.
					 11).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						243,
						2962,
						2964,
						2966,
						2978(a)
						and
						3001, Penal
						Code.