Cal. Code Regs. tit. 15 § 2571

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

Section 2571 - Criteria for Certification as Mentally Disordered Offender

As a condition of parole, a prisoner who meets the following specified criteria shall be required to be treated by the State Department of Mental Health and the State Department of Mental Health shall provide the necessary treatment:

(a) The prisoner has a severe mental disorder.

(b) The mental disorder is not in remission, or cannot be kept in remission without treatment.

(c) The severe mental disorder was one of the causes of or was an aggravating factor in the commission of a crime for which the prisoner was sentenced to prison.

(d) The crime referred to in section 2571, subdivision (c), for which the prisoner was sentenced to prison, must have been a crime in which the prisoner used force or violence, or caused serious bodily injury, and must have occurred on or after January 1, 1986.

(e) The prisoner has been in treatment for the severe mental disorder for ninety (90) days or more within the year prior to the prisoner's parole or release.

(f) The prisoner represents a substantial danger of physical harm to others by reason of his or her severe mental disorder. Substantial danger of physical harm does not require proof of a recent overt act.

Cal. Code Regs. Tit. 15, § 2571

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 A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-88.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 Emergency language filed 12-7-87 repealed by operation of Government Code section 11346.1 (Register 88, No. 42).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 (e) and new subsection (f) and amendments to 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.