Cal. Code Regs. tit. 15 § 2570

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 2570 - Terminology

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.

Cal. Code Regs. Tit. 15, § 2570

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.