reglab/statecodes huggingface dataset:
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 3 - Safety and Security › Section 4310 - Offsite Visits of Individual Patients

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  individual patient who is committed pursuant to legal authority other than the
				  Lanterman-Petris-Short Act and is being treated at an offsite hospital for longer
				  than one week may be allowed to have visitors, subject to the visiting limitations
				  of the hospital facility where the individual patient is being treated.
(b) An individual patient who is being treated at
				  an offsite hospital and is either in critical condition or is being treated for a
				  terminal illness may be allowed to have visitors each day beginning on the first day
				  of offsite treatment, subject to the visiting limitations of the hospital facility
				  where the individual patient is being treated.
1. New section
					 filed 8-9-2010; operative 8-9-2010 pursuant to Government Code section
					 11343.4
					 (Register 2010, No. 33).
Note: Authority cited: Sections
						4005.1,
						4027
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4027
						and
						5325,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 3 - Safety and Security › Section 4315 - Department of Police Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  department of police services at each state hospital is the local authority for the
				  investigation of criminal activity and criminal violations upon the grounds of the
				  state hospital. The department of police services shall be responsible for the
				  following:
(1) the enforcement of the law on
				  hospital grounds;
(2) maintaining peace
				  and security on hospital grounds;
(3)
				  ensuring the security of all persons on hospital grounds;
(4) protecting and preserving the property on
				  hospital grounds; and
(5) directing
				  traffic, conducting traffic investigations and enforcement on the hospital
				  grounds.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 3 - Safety and Security › Section 4320 - Offsite Transportation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The facility may coordinate with any law enforcement agency,
					 including but not limited to the state hospital's department of police services or
					 the California Department of Corrections and Rehabilitation, to arrange for the
					 transportation of an individual patient to and from an offsite location and
					 supervision of the individual patient while at that location.
1. New section
					 filed 8-9-2010; operative 8-9-2010 pursuant to Government Code section
					 11343.4
					 (Register 2010, No. 33).
Note: Authority cited: Sections
						4005.1,
						4027
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4109,
						4311,
						4312
						and
						4313,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 3 - Safety and Security › Section 4325 - Complaints Against Police Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				  facility may require individuals and the public that complain against a police
				  officer employed by the hospital to set forth such complaint in writing. The
				  facility may offer an optional complaint form. The optional complaint form and the
				  written complaint shall include the following information:
1. The written complaint shall include at least
				  the following information:
a. Name and contact
				  information of the complainant
b. Name
				  and contact information of witnesses to the event
c. Information about the location of the
				  incident
d. Information about the
				  officer or officers involved
e. A
				  description of the event or incident that led the complainant to file the
				  form
f. Relevant time or date
				  information which relates to the incident.
g. Signature of the complainant and date of
				  signature
h. Any other relevant
				  information about the event or incident that led the complainant to file the
				  form
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 3 - Safety and Security › Section 4330 - Counting of Individual Patients

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to maintain the security and safety of individual
					 patients, staff and visitors at state hospitals, each such state hospital may
					 implement a system of counting individual patients. If a hospital chooses to
					 implement such a system, it shall include the following:
(a) A counting of individual patients shall be
				  conducted a minimum of three times per day or once per shift, whichever is more
				  frequent.
(b) The scope of the counting
				  activities may be facility wide or focused on specific areas, subject to the
				  discretion of the hospital staff based on safety and security concerns.
1. New section
					 filed 8-9-2010; operative 8-9-2010 pursuant to Government Code section
					 11343.4
					 (Register 2010, No. 33).
Note: Authority cited: Sections
						4005.1,
						4027
						and
						4101,
						Welfare and Institutions Code. Reference: Section
						4027,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 3 - Safety and Security › Section 4350 - Contraband Electronic Devices with Communication and Internet Capabilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as
				  provided in subsection (d), patients are prohibited from having personal access to,
				  possession, or on-site storage of the following items:
(1) Electronic devices with the capability to
				  connect to a wired (for example, Ethernet, Plain Old Telephone Service (POTS), Fiber
				  Optic) and/or a wireless (for example, Bluetooth, Cellular, Wi-Fi [802.11a/b/g/n],
				  WiMAX) communications network to send and/or receive information including, but not
				  limited to, the following:
(A) Desktop computers;
				  laptop computers; tablets, single-board computers or motherboards such as "Raspberry
				  Pi;" cellular or satellite phones; personal digital assistant (PDA's); graphing
				  calculators; and satellite, shortwave, CB and GPS radios.
(B) Devices without native capabilities that can
				  be modified for network communication. The modification may or may not be supported
				  by the product vendor and may be a hardware and/or software configuration
				  change.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 3 - Safety and Security › Section 4351 - Contraband Searches Within the Secured Treatment Area and Patient Living Areas by Department of State Hospitals Non-Peace Officer Staff

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Non-peace
				  officer staff must visually monitor for contraband at all times within the Secured
				  Treatment Area and patient living areas, and may conduct searches of any room,
				  common area, or bathroom at any time, either announced or unannounced, to locate and
				  secure contraband. Non-peace officer staff must alert hospital police as soon as
				  possible when contraband is discovered. Secured Treatment Area, as applied to
				  sections 4351,
				  4352, and
				  4353, are secured areas of the facility
				  located behind the outermost doors of any sally port, all fenced areas, courtyards,
				  visiting rooms, and the sally port interiors.
(b) If there is a reasonable belief that a patient
				  possesses contraband or a condition exists that poses a threat to the safety and
				  security of the hospital, patients, and employees, non-peace officer staff may
				  conduct a pat-down search on the patient. A "pat-down search", as applied to
				  sections 4351,
				  4352, and
				  4353, is a process in which a hand
				  search of a patient's body over clothing is conducted.
(c) Each hospital executive director, or designee,
				  may identify or limit position classifications of hospital employees authorized to
				  monitor and conduct searches for contraband.
(d) Patients who become intrusive, aggressive, or
				  noncompliant during a search may be removed from the search area during the search.
				  Patients may also be removed from the search area due to the nature of the search to
				  be performed.
1. New section
					 filed 6-15-2021; operative 6-15-2021 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2021, No. 25). For prior history, see Register 2021, No. 14.
2.
					 New section refiled 1-10-2022 as an emergency; operative 1-12-2022 (Register 2022,
					 No. 2). A Certificate of Compliance must be transmitted to OAL by 4-12-2022 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of compliance as to 1-12-2022 order, including
					 amendment of section heading and section, transmitted to OAL 3-24-2022 and filed
					 5-6-2022; amendments effective 5-6-2022 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2022, No. 18).
Note: Authority cited: Sections
						4005.1,
						4011,
						4027
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4011,
						4109
						and
						7295,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 3 - Safety and Security › Section 4352 - Contraband Searches by Department of State Hospitals Peace Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Hospital
				  police officers and sworn investigators are peace officers pursuant to Sections
				  830.3 and
				  830.38 of the Penal
				  Code. Peace officers may conduct person and property searches throughout the
				  hospital grounds and in any location throughout the state while conducting the
				  primary functions of their duties.
(1) Permitted
				  searches include, but are not limited to, visual searches of all areas on the
				  grounds of a Department of State Hospitals' facility or while conducting peace
				  officer duties. Vehicle searches, inventory searches, pat-down searches, use of
				  canine-sniff searches, and physical examination searches of all persons and property
				  on the facility grounds, may be conducted under applicable federal laws and state
				  laws.
(2) Permitted searches, as listed
				  in subdivision (a)(1), for patients and property on facility grounds, may be
				  conducted at random or with reasonable suspicion, based upon information obtained
				  from investigation and observation under applicable federal laws and state
				  laws.
(3) A strip search (removal of
				  clothing for a visual inspection) or visual body cavity search (visual inspection of
				  body cavity) must be based upon reasonable suspicion and information obtained from
				  investigation and observation that the item sought is small enough to be hidden
				  under clothing or within a person based upon reasonable suspicion.
(4) A body cavity search (inspection of body
				  cavity) will only be justified upon execution of a duly authorized search
				  warrant.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 3 - Safety and Security › Section 4353 - Contraband Searches of those Entering the Secured Treatment Area, Visiting Centers, and Patient Living Areas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Contraband
				  must not enter the Secured Treatment Area, or patient living areas, without written
				  authority from the executive director, or designee, or hospital police chief.
(1) Contractors with authority to utilize a
				  contraband item, including but not limited to tools, metal items, or electronic
				  devices necessary to perform the contracted work, must log the item(s) with the
				  designated officer upon entering and confirm their removal upon exiting the Secured
				  Treatment Area or patient living area.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 3.5 - Hospital Access System (Has) › Section 4355 - Definitions and Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  following definitions apply.
(1) "Access" shall
				  mean a patient's privilege to move about on state hospital grounds.
(A) "Escorted Access" shall mean a patient's
				  privilege to move about on state hospital grounds when accompanied by
				  staff.
(B) "Unescorted Access" shall
				  mean a patient's privilege to move about on hospital grounds when unaccompanied by
				  hospital staff.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 3.5 - Hospital Access System (Has) › Section 4356 - Hospital Access System Levels; Monitoring

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department of State Hospitals' Hospital Access System provides two levels of patient
				  access to move about on state hospital grounds.
(1) Escorted Access is a patient's privilege to
				  move about on state hospital grounds when accompanied by staff.
(2) Unescorted Access is a patient's privilege to
				  move about on state hospital grounds when unaccompanied by
				  staff.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 3.5 - Hospital Access System (Has) › Section 4357 - Patient Access Level upon Transfer or Admission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Escorted
				  Access.
(1) Upon arrival at a state hospital, a
				  patient's access level shall be immediately set to Escorted Access.
(2) Upon admission to a state hospital, a
				  patient's access level shall be immediately set to Escorted Access.
(3) Upon transfer from one state hospital to
				  another state hospital, a patient's access level shall be immediately set to
				  Escorted Access.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 3.5 - Hospital Access System (Has) › Section 4358 - Determination of Patient Access Level

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A patient's
				  Treatment Team shall evaluate the factors listed in section
				  4359 of this regulation and determine a
				  patient's access level.
(b) Program
				  Staff or Executive Staff may also review the factors listed in section
				  4359 of this regulation and determine a
				  patient's access level. Any Program Staff review, or any Executive Staff review
				  shall be in collaboration with the Treatment Team.
1. New section
					 filed 4-6-2020; operative 4-6-2020 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2020, No. 15).
Note: Authority cited: Sections
						4005.1,
						4011,
						4027,
						4101
						and
						4312,
						Welfare and Institutions Code. Reference: Sections
						4011
						and
						4312,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 3.5 - Hospital Access System (Has) › Section 4359 - Factors Considered for Patient Access

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To
				  determine a patient's access level, the Treatment Team, Program Staff, or Executive
				  Staff shall consider the following factors:
(1)
				  Hospital grounds, physical structure of the hospital, or layout of the hospital and
				  units;
(2) Staffing ratios or other
				  licensing requirements;
(3) Patient's
				  Commitment Type;
(4) Patient's
				  participation in treatment;
(5) Patient
				  input;
(6) History of verbal or physical
				  aggression toward self or others while at DSH;
(7) History or allegations of criminal activity
				  while at DSH;
(8) History of possession
				  of contraband while at DSH;
(9) History
				  of escape attempts or otherwise unauthorized movement while at DSH;
(10) History of exploiting, strong-arming, or
				  inciting others or being exploited, strong-armed, or incited by others while at
				  DSH;
(11) History of destroying property
				  while at DSH;
(12) History of suicide
				  ideation, threats, or attempts while at DSH;
(13) Medical condition;
(14) History of unauthorized possession or use of
				  prescribed medication, drugs, or illicit substances or refusal to comply with a drug
				  screen while at DSH; and
(15) Other
				  relevant information.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 3.5 - Hospital Access System (Has) › Section 4360 - Change in Patient Access Level

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unit staff
				  may place a patient's access level immediately on hold if clinically indicated, in
				  cases of emergency, or when there has been significant change in any of the factors
				  listed in section
				  4359 of this regulation.
(b) A patient's access level, on hold pursuant to
				  subsection (a) of section
				  4360 of this regulation, shall be
				  reviewed before or at the next Treatment Team Conference. In this review, the
				  Treatment Team shall evaluate the factors listed in section
				  4359 of this regulation, identify the
				  impediments, if any, to the patient receiving back their access level, and assist
				  them with overcoming those impediments. If there are no impediments, the Treatment
				  Team may return the patient's access level to them. This review and any subsequent
				  review of the patient's access level shall be conducted pursuant to subsection (c)
				  of section 4357 of this regulation.
1. New section
					 filed 4-6-2020; operative 4-6-2020 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2020, No. 15).
Note: Authority cited: Sections
						4005.1,
						4011,
						4027,
						4101
						and
						4312,
						Welfare and Institutions Code. Reference: Sections
						4011
						and
						4312,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 4 - Support Services › Section 4415 - Definition of Mail

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Mail is defined as paper documents sent in a standard sized,
					 legal sized, or special handling envelope (Priority mail, express mail, etc.) with a
					 weight of 16 ounces or less, and thickness of ½ inches or less.
1. New article 4
					 (sections 4415-4420) and section filed 8-9-2010;
					 operative 8-9-2010 pursuant to Government Code section
					 11343.4
					 (Register 2010, No. 33).
Note: Authority cited: Sections
						4005.1,
						4027
						and
						4101,
						Welfare and Institutions Code. Reference: Section
						5326,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 4 - Support Services › Section 4420 - Limitations on Size, Weight, Volume and Frequency/Number of Packages Allowed

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This section constitutes the formal facility policy on the size,
					 weight, volume and frequency/number of packages allowed.
(a) All sent or received items that do not fall
				  under the definition of "Mail" in Section
				  4415 of these regulations constitute
				  packages.
(b) Each package sent and each
				  package received shall not be more than 24 inches long by 19 inches in length by 12
				  inches high, and shall weigh no more than 30 pounds.
(c) A state hospital may limit an individual
				  patient's maximum number of incoming packages based on staffing and hospital ground
				  limitations. If the facility chooses to impose limits, such limits shall be
				  according to the following: three packages per individual patient per calendar
				  quarter for the first three quarters of the year (January-March, April-June,
				  July-September) and four packages per individual patient during the fourth quarter
				  of the year (October-December).
(d)
				  Packages sent to the facility that are not within the limits set forth in subsection
				  (b) and (c) above shall be returned to the sender.
(e) The limitations set forth in the section shall
				  not apply to Confidential Mail as such term is defined in Section
				  881(c) of these
				  regulations.
1. New section
					 filed 8-9-2010; operative 8-9-2010 pursuant to Government Code section
					 11343.4
					 (Register 2010, No. 33).
Note: Authority cited: Sections
						4005.1,
						4027
						and
						4101,
						Welfare and Institutions Code. Reference: Section
						5326,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4500 - Hospital Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "hospital" as used in Welfare and Institutions Code
					 Section
					 4101.5
					 means any facility defined pursuant to Health and Safety Code section
					 1250 or
					 licensed pursuant to Health and Safety Code section
					 1265.
1. New article 5
					 (sections 4500-4520) and section filed 8-8-2011;
					 operative 8-8-2011. Exempt from OAL review pursuant to Welfare and Institutions Code
					 section
					 4101.5
					 (Register 2011, No. 32).
2. Amendment of section and NOTE filed
					 6-23-2014; operative 6-23-2014. Exempt from OAL review pursuant to Welfare and
					 Institutions Code section
					 4101.5.
					 Submitted to OAL for printing only (Register 2014, No. 26).
Note: Authority cited: Sections
						4005.1,
						4027,
						4101
						and
						4101.5,
						Welfare and Institutions Code. Reference: Sections
						1250 and
						1265,
						Health and Safety Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4510 - Physician Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "physician" as used in Welfare and Institutions Code
					 Section
					 4101.5
					 does not include those physicians who are members of a registry of physician
					 services with whom the Department of Mental Health contracts for temporary and as
					 needed services.
1. New section
					 filed 8-8-2011; operative 8-8-2011. Exempt from OAL review pursuant to Welfare and
					 Institutions Code section
					 4101.5
					 (Register 2011, No. 32).
Note: Authority cited: Sections
						4005.1,
						4027
						and
						4101,
						Welfare and Institutions Code. Reference: Section
						4101.5,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4520 - Ambulance Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Entities that provide ambulance or any other emergency or
					 non-emergency response services that were already selected through a competitive bid
					 process by a federal, state, county, city or other local government entity to
					 perform such service in a specific geographical area meet the competitively bid
					 contracts exemption to the maximum rates requirement of Welfare and Institutions
					 Code Section
					 4101.5(c).
					 The Department of Mental Health may, without a further competitive bid, enter into a
					 service contract with these entities at the previously accepted competitively bid
					 rates.
1. New section
					 filed 8-8-2011; operative 8-8-2011. Exempt from OAL review pursuant to Welfare and
					 Institutions Code section
					 4101.5
					 (Register 2011, No. 32).
Note: Authority cited: Sections
						4005.1,
						4027
						and
						4101,
						Welfare and Institutions Code. Reference: Section
						4101.5,
						Welfare and Institutions Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 heading filed 6-1-2015; operative 6-1-2015 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 23).
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530 - Process, Purpose, and Scope of Architectural and Engineering Contracts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose
				  of sections 4530.1-4530.12 regarding Architectural and Engineering (A&E)
				  Contracts is to implement Article XXII of the California State Constitution and
				  Government Code sections
				  4525, et seq.,
				  to have an A&E contract process.
(b)
				  The Department reserves the right to award multiple agreements for A&E retainer
				  contract services based on one solicitation.
Note: Authority cited: Section 4526, Government Code; and
						Sections 4005.1, 4011, 4027 and 4101, Welfare and Institutions Code. Reference:
						Article XXII of the California State Constitution; and Sections 4526 and 4529,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Firm"
				  means any individual, firm, partnership, corporation, association, or other legal
				  entity permitted by law to practice the professions of architecture, landscape
				  architecture, engineering, environmental services, land surveying or construction
				  project management with the provisions of Government Code Section
				  4525.
(b) "Small Business" means a firm that complies
				  with the provisions of Government Code Section
				  14837.
(c) "Director" means the Director of the
				  Department of State Hospitals or the Director's designee authorized to act on his or
				  her behalf.
(d) "Department" means the
				  Department of State Hospitals.
(e)
				  "Architectural, landscape architectural, engineering, and environmental, land
				  surveying services" and "construction project management" means those services, as
				  defined in Section
				  4525 of the
				  Government Code.
(f) The terms "minority
				  business enterprise" and "women business enterprise" shall have the respective
				  meanings set forth in Section
				  10115.1 of
				  the Public Contract Code.
(g) The term
				  "disabled veteran business enterprise" shall have the meaning set forth in Section
				  999
				  of the Military and Veterans Code.
1. New section
					 filed 6-1-2015; operative 6-1-2015 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 23).
Note: Authority cited: Sections
						4005.1
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4525 and
						14837,
						Government Code; Section
						10115.1,
						Public Contract Code; and Section
						999,
						Military and Veterans Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  "Architectural and Engineering (A&E) Services" means all architectural,
				  Certified Access Specialist (CASp) pursuant to Title 21, Division 1, Chapter 1,
				  Subchapter 2.5, landscape architectural, environmental, land surveying, and
				  engineering services (e.g., structural, mechanical, plumbing, electrical fire
				  protection, geotechnical engineering, engineering geology, construction materials
				  testing, right of way engineering, and construction engineering). A&E services
				  also include construction project management services and incidental services.
				  "A&E services" shall not include legal services rendered to the Department,
				  provided that nothing in these regulations shall prevent an A&E contractor from
				  consulting legal counsel and including the fees as part of its reasonable overhead.
(1) "Incidental Services" shall mean any activity
				  in support of subdivision (a) including but not limited to, planning, permitting,
				  environmental studies for construction or design project(s), educational services,
				  instructional services, training, public outreach services, design phase services,
				  construction administration phase services, providing workshops, making
				  presentations and facilitating meetings.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.2 - Selection Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director shall utilize selection criteria for each proposed
					 project which will comprise the basis for the selection of eligible firms to perform
					 the required services. The criteria are to include such factors as:
(a) Professional experience of the firm in
				  performing services of similar nature.
(b) Quality and relevance of recently completed or
				  ongoing work.
(c) Reliability,
				  continuity, and location of firm to the project site.
(d) Staffing capability.
(e) Education and experience of key personnel to
				  be assigned.
(f) Knowledge of applicable
				  regulations and technology associated with the services required.
(g) Specialized experience of the firm in the
				  services to be performed.
(h)
				  Participation as small business firm.
(i) Other factors the Director deems relevant to
				  the specific task to be performed.
These factors shall be weighed by the Director according to the
					 nature of the proposed project, the complexity and special requirements of the
					 specific services, and the needs of the Department.
1. New section
					 filed 6-1-2015; operative 6-1-2015 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 23).
Note: Authority cited: Sections
						4005.1
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4526 and
						4527,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.2 - Announcement/Notification of Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A statewide
				  announcement/notification of each retainer contract or proposed project shall be
				  published in the California State Contracts Register, in accordance with the
				  Government Code (commencing with Section 14825), and in the publications of the
				  respective professional societies. Failure of any professional society to publish
				  the announcement/notification shall not invalidate any contract.
(b) The announcement/notification for each
				  retainer contract or proposed project shall include, at a minimum, a brief
				  description of the services required, location, duration, eligibility and
				  preferences, submittal requirements, contact person for the Department, and the
				  final response date for receipt of statements from firms of their demonstrated
				  competence and professional qualifications.
(c) The Director or designee shall identify
				  potentially qualified small business firms or Disabled Veteran Business Enterprise
				  (DVBE) interested in contracting with the Department, and shall provide copies of
				  project announcements/notifications to those small business firms or DVBE that have
				  indicated an interest in receiving the announcements/notifications. Failure of the
				  Director, or designee, to send a copy of an announcement/notification to any firm
				  shall not invalidate any contract.
(d)
				  The Director or designee shall encourage small business firms or DVBE to become
				  certified through the State Department of General Services and to subscribe to the
				  California State Contracts Register for advertisement notifications. The Director or
				  designee will participate in outreach programs to provide small business firms or
				  DVBE with information on Departmental contracting opportunities.
Note: Authority cited: Section
						4526,
						Government Code; and Sections
						4005.1,
						4011,
						4027
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4526,
						4527,
						4529.12,
						14825 and
						14838,
						Government Code.
Note: Authority cited: Sections
						4005.1
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4526 and
						4527,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.3 - Announcement of Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A statewide
				  announcement of each proposed project shall be published in the California State
				  Contracts Register, in accordance with the Government Code (commencing with Section
				  14825), and in the publications of the
				  respective professional societies. Failure of any professional society to publish
				  the announcement shall not invalidate any contract.
(b) The announcement for each proposed project
				  shall include, at a minimum, a brief description of the services required, location,
				  duration, eligibility and preferences, submittal requirements, contact person for
				  the Department, and the final response date for receipt of statements from firms of
				  their demonstrated competence and professional qualifications.
(c) The Director shall identify potentially
				  qualified small business firms interested in contracting with the Department, and
				  shall provide copies of project announcements to those small business firms that
				  have indicated an interest in receiving the announcements. Failure of the Director
				  to send a copy of an announcement to any firm shall not invalidate any
				  contract.
1. New section
					 filed 6-1-2015; operative 6-1-2015 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 23).
Note: Authority cited: Sections
						4005.1
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4526,
						4527,
						4529.12,
						14825 and
						14838,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.3 - Estimate of Value of Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before
				  entering into discussion with any firm selected pursuant to Section
				  4530.5, the Director or designee shall
				  direct Department staff to prepare an estimate of the value of the proposed project
				  or task order(s), based upon accepted rates for comparable services. The estimate
				  will serve as a guide in determining fair and reasonable compensation in the
				  negotiation of a satisfactory contract or retainer contract in accordance with the
				  provisions of Section
				  4530.6 and shall not be disclosed until
				  award of the contract or abandonment of the negotiation process for the services to
				  which it relates.
(b) At any time the
				  Director or designee determines the Department's estimate to be unrealistic for any
				  reason, the Director or designee shall require the estimate to be reevaluated and,
				  if deemed necessary, modified.
Note: Authority cited: Section
						4526,
						Government Code; and Sections
						4005.1,
						4011,
						4027
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4526 and
						4528,
						Government Code.
Note: Authority cited: Sections
						4005.1
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4526,
						4527,
						4529.12,
						14825 and
						14838,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.4 - Selection of Qualified Firms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After the
				  expiration of the final response date in the published project announcement, the
				  Director shall review and evaluate the written statements of demonstrated competence
				  and professional qualifications using the selection criteria contained in Section
				  4530.2, and rank, in order of
				  preference, the firms determined as eligible to perform the required
				  services.
(b) The Director shall conduct
				  discussions with at least the three most eligible firms, or a lesser number if fewer
				  than three eligible firms have responded, about anticipated concepts and the benefit
				  of alternative methods for furnishing the required services. From the firms with
				  which discussions are held, the Director shall select, in order of preference, not
				  less than three firms, or lesser number if fewer than three eligible firms
				  responded, deemed to be the most highly qualified to perform the required
				  services.
1. New section
					 filed 6-1-2015; operative 6-1-2015 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 23).
Note: Authority cited: Sections
						4005.1
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4526,
						4527,
						4528 and
						4529.12,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.4 - Selection Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director or designee shall utilize selection criteria for
					 each retainer contract or proposed project which will comprise the basis for the
					 selection of eligible firms to perform the required services. These factors shall be
					 weighed by the Director or designee according to the nature of the proposed project,
					 the complexity and special requirements of the specific services, and the needs of
					 the Department. The criteria are to include such factors as:
(a) Professional experience of the firm in
				  performing services of similar nature.
(b) Quality and relevance of recently completed or
				  ongoing work.
(c) Reliability,
				  continuity, and location of firm to the project site.
(d) Staffing capability.
(e) Education and experience of key personnel to
				  be assigned.
(f) Knowledge of applicable
				  regulations and technology associated with the services required.
(g) Specialized experience of the firm in the
				  services to be performed.
(h) Quality
				  assurance plan and quality control plan.
(i) Participation as small business or Disabled
				  Veteran Business Enterprise firm.
(j)
				  Other factors the Director, or designee, deems relevant to the specific task to be
				  performed.
Note: Authority cited: Section
						4526,
						Government Code; and Sections
						4005.1,
						4011,
						4027
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4526 and
						4527,
						Government Code.
Note: Authority cited: Sections
						4005.1
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4526,
						4527,
						4528 and
						4529.12,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.5 - Estimate of Value of Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before
				  entering into discussion with any firm selected pursuant to Section
				  4530.4, the Director shall direct the
				  Department staff to prepare an estimate of the value of the proposed project, based
				  upon accepted rates for comparable services. The estimate will serve as a guide in
				  determining fair and reasonable compensation in the negotiation of a satisfactory
				  contract in accordance with the provisions of Section
				  4530.7, and shall not be disclosed until
				  award of the contract or abandonment of the negotiation process for the services to
				  which it relates.
(b) At any time the
				  Director determines the Department's estimate to be unrealistic for any reason, the
				  Director shall require the estimate to be reevaluated and, if deemed necessary,
				  modified.
1. New section
					 filed 6-1-2015; operative 6-1-2015 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 23).
Note: Authority cited: Sections
						4005.1
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4526 and
						4528,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.5 - Selection of Qualified Firms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After the
				  expiration of the final response date in the published project announcement, the
				  Director or designee shall review and evaluate the written statements of
				  demonstrated competence and professional qualifications using the selection criteria
				  contained in Section
				  4530.4, and rank, in order of
				  preference, the firms determined as eligible to perform the required
				  services.
(b) The Director or designee
				  shall conduct discussions with at least the three most eligible firms, or a lesser
				  number if fewer than three eligible firms have responded, about anticipated concepts
				  and the benefit of alternative methods for furnishing the required services. From
				  the firms with which discussions are held, the Director or designee shall select, in
				  order of preference, not less than three firms, or lesser number if fewer than three
				  eligible firms responded, deemed to be the most highly qualified to perform the
				  required services.
Note: Authority cited: Section
						4526,
						Government Code; and Sections
						4005.1,
						4011,
						4027
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4526,
						4527,
						4528 and
						4529.12,
						Government Code.
Note: Authority cited: Sections
						4005.1
						and
						4101,
						Welfare and Institutions Code. Reference: Sections
						4526 and
						4528,
						Government Code.
California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 16 - State Hospital Operations › Article 5 - Contracts › Section 4530.6 - Statewide Participation Goals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the negotiation of a satisfactory contract as provided in
					 Section 4530.7, the best qualified firm must
					 meet the statewide participation goals of not less than 3 percent for disabled
					 veteran business enterprises unless the contract was exempted from the goal by the
					 Department. The best qualified firm shall comply with the statewide participation
					 goals as required by the regulations contained in Title 2, California Code of
					 Regulations, Sections
					 1896.61-1896.67 and
					 1896.90-1896.96.
1. New section
					 filed 6-1-2015; operative 6-1-2015 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 23).
Note: Authority cited: Sections
						4005.1
						and
						4101,
						Welfare and Institutions Code. Reference: Section
						4526,
						Government Code; Sections
						10115,
						10115.1,
						10115.2,
						10115.3
						and
						10115.9,
						Public Contract Code; and Sections
						999,
						999.1,
						999.2,
						999.3,
						999.4
						and
						999.5,
						Military and Veterans Code.