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 2572 - Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Prior to release on parole, or imposition of a special condition of mental
				  health treatment under the provisions of Penal Code sections
				  2960 through
				  2980, the
				  person in charge of treating the prisoner and a practicing psychiatrist or
				  psychologist from the Department of Mental Health shall evaluate the prisoner
				  at a facility of the Department of Corrections, and a Chief Psychiatrist of the
				  Department of Corrections shall certify to the board that the prisoner has a
				  severe mental disorder, that the disorder is not in remission, or cannot be
				  kept in remission without treatment, that the severe mental disorder was one of
				  the causes or was an aggravating factor in the prisoner's criminal behavior,
				  that the prisoner has been in treatment for the severe mental disorder for 90
				  days or more within the year prior to his or her parole release day, and that
				  the prisoner used force or violence or caused serious bodily injury in
				  committing the crime referred to in section
				  2571, the crime occurred on or
				  after January 1, 1986, and that by reason of his or her severe mental disorder,
				  the prisoner represents a substantial danger of physical harm to
				  others.
(b) The certification shall
				  contain a clear statement that the prisoner does or does not meet the criteria
				  of Penal Code section
				  2962 and all
				  supporting documentation leading to the conclusion shall be attached.
(c) The certification evaluations shall be
				  conducted at a facility of the Department of Corrections or the State
				  Department of Mental Health by the person in charge of treating the prisoner
				  and a practicing psychiatrist or psychologist from the State Department of
				  Mental Health or Department of Corrections. A Chief Psychiatrist of the
				  Department of Corrections will complete the certification. For prisoners being
				  treated by the State Department of Mental Health pursuant to Penal Code section
				  2684, the
				  certification shall be by a Chief Psychiatrist of the Department of
				  Corrections, and the evaluations shall be done at a state hospital by the
				  person in charge of treating the prisoner and a practicing psychiatrist or
				  psychologist from the Department of Corrections.
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. Amendment of subsections (a) and
					 reference citations filed 2-4-91; operative 3-6-91 (Register 91, No.
					 11).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						2962 and
						2980, Penal
						Code.