Cal. Code Regs. Tit. 15, § 3317 - Mental Health Assessments for Disciplinary Proceedings

(a) A Mental Health Assessment is a means to incorporate clinical input into the disciplinary process when mental illness or developmental disability/cognitive or adaptive functioning deficits may have contributed to behavior resulting in a Rules Violation Report. Mental Health Assessments shall be considered by the hearing officer or senior hearing officer during disciplinary proceedings when determining whether an incarcerated person shall be disciplined and when determining the appropriate method of discipline.

(b) Incarcerated persons who are alleged to have committed a Rules Violation shall receive a Mental Health Assessment, via completion of CDCR Form 115-MH-A (Rev. 12/15), Rules Violation Report: Mental Health Assessment, which is incorporated by reference, for any of the following reasons:

(1) Incarcerated person is a participant in the Mental Health Services Delivery System (MHSDS) at the Enhanced Outpatient Program (EOP) level of care.

(2) Incarcerated person is a participant in the MHSDS at the Mental Health Crisis Bed (MHCB) level of care.

(3) Incarcerated person is a participant in the MHSDS at the Psychiatric Inpatient Program, Acute Psychiatric Program or Intermediate Care Facility level of care.

(4) Incarcerated person is a participant in the MHSDS at the Correctional Clinical Case Management System (CCCMS) level of care and has been charged with a Division A, B, or C offense, or any other rules violation which may result in the assessment of a Restricted Housing Unit term as defined in subsection 3337(g).

(5) Incarcerated person is a participant in the Developmental Disability Program (DDP) designated as DD1, DD2 or DD3.

(6) Incarcerated person engaged in Indecent Exposure or Sexual Disorderly Conduct.

(7) Incarcerated person displayed behavior that was bizarre or unusual for any incarcerated person or uncharacteristic for the particular incarcerated person at the time of the offense.

(c) Mental Health Services shall be contacted immediately for any incarcerated person who is suspected of committing self-mutilation or attempted suicide. The emergency referral shall be documented via CDCR Form 128-MH5 (Rev. 05/14), Mental Health Referral Chrono, which is incorporated by reference, identifying the specific reason(s) for the referral. If Mental Health Services determines the behavior was an act of self-mutilation or attempted suicide or a clear determination could not be made, a Rules Violation Report, shall not be issued. The behavior shall be documented on a CDC Form 128B (Rev. 04/74), General Chrono, for inclusion in the incarcerated person's Central File.

(d) If the mental health clinician determines the incarcerated person's actions were an attempt to manipulate staff, and were not an act of self-mutilation or attempted suicide, RVR shall be issued pursuant to Section 3315, subsection (a)(3)(W).

(e) A CDCR Form 128-MH5 shall be completed for any incarcerated person who displayed behavior that was bizarre or unusual for any incarcerated person or uncharacteristic for the particular incarcerated person at the time of the offense.

(f) When a mental health assessment is required, the reviewing custody supervisor shall request an assessment by completing a CDCR Form 115-MH-A and delivering it to the institution's mental health program within two calendar days of the information leading to the charges being discovered by staff. The mental health program shall complete the assessment and return it to the reviewing supervisor within eight calendar days of receipt.

(g) The hearing officer or senior hearing officer shall consider mental health staff's assessment, as documented on the CDCR Form 115-MH-A, and any other relevant information, when determining whether the incarcerated person should be disciplined or the appropriate method of discipline when mental illness or developmental disability/cognitive or adaptive functioning deficits contributed to the incarcerated person's behavior. If an incarcerated person is found guilty of the charge, the hearing officer or senior hearing officer shall consider any dispositional recommendations provided by mental health staff as documented on CDCR Form 115-MH-A or any other relevant information regarding the relationship between the incarcerated person's mental illness and/or developmental disability/cognitive or adaptive functioning deficits, and their misconduct, when assessing penalties.

Notes

Cal. Code Regs. Tit. 15, § 3317

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.

1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Repealer and new section filed 3-24-78 as an emergency; effective upon filing (Register 78, No. 12).
3. Certificate of Compliance filed 6-15-78 (Register 78, No. 24).
4. Repealer and new section filed 9-24-81; effective thirtieth day thereafter (Register 81, No. 39).
5. Relocation and amendment of former subsections 3317(a)-(b)(2) to subsections 3312(a)(3)(A)-(B) and new section filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
6. Editorial correction deleting formerly relocated text (Register 95, No. 34).
7. Amendment of section heading and subsection (a), and repealer of subsections (b)-(b)(2) filed 8-23-95 as an emergency; operative 8-23-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 1-30-96 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-23-95 order transmitted to OAL 1-8-96 and filed 2-16-96 (Register 96, No. 7).
9. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4(Register 2008, No. 32).
10. Amendment of section heading and repealer and new section filed 11-17-2015 as an emergency; operative 11-17-2015 (Register 2015, No. 47). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-25-2016 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 11-17-2015 order, including further amendment of subsections (a), (b) and (g), transmitted to OAL 4-20-2016 and filed 5-24-2016; amendments operative 5/24/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 22).
12. Amendment of subsections (c) and (d) filed 6-2-2016 as an emergency; operative 6/2/2016 (Register 2016, No. 23). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2016 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 6-2-2016 order transmitted to OAL 11-7-2016 and filed 12/22/2016 (Register 2016, No. 52).
14. Amendment of subsection (b)(4) filed 10-24-2023 as an emergency; operative 11/1/2023 (Register 2023, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.
15. Amendment of subsection (b)(4) refiled 4-8-2024 as an emergency; operative 4/11/2024 (Register 2024, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-10-2024 or emergency language will be repealed by operation of law on the following day.
16. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
17. Certificate of Compliance as to 4-8-2024 order, including further amendment of subsections (b) and (b)(4), transmitted to OAL 6-18-2024 and filed 7-31-2024; amendments effective 7/31/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 31).