Section 2572 - Certification(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.Cal. Code Regs. Tit. 15, § 2572
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 A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-88.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 Emergency language filed 12-7-87 repealed by operation of Government Code section 11346.1 (Register 88, No. 42).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.
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).