Section 2573 - Board of Prison Terms' Review of Certifications(a) The board's Central Office Calendar Deputy Commissioner shall review the Department of Corrections' certification to the board to ascertain if the psychiatrists or psychologists conducting the evaluation did or did not concur that: (1) The prisoner has a severe mental disorder; or(2) The disorder is not in remission or cannot be kept in remission without treatment; or(3) That the severe mental disorder was a cause of, or aggravated the prisoner's criminal behavior. The Deputy Commissioner shall also review the supporting documents to ascertain whether or not the conclusions are supported by the facts contained in the supporting documents.
(b) If it is ascertained that there was a difference of opinion concerning any of the above, the board shall appoint two (2) independent psychiatrists or licensed psychologists from the approved lists, provided by the State Department of Mental Health and the Department of Corrections to evaluate the prisoner to determine if he or she meets the criteria of Penal Code section 2962. Only if both independent professionals concur with the chief psychiatrist's certification, shall the provisions of Penal Code section 2962 be applicable to the prisoner. Prior to release on parole, the board's Central Office Calendar shall review the certification to determine if the prisoner meets the criteria required for treatment as a mentally disordered offender.
(c) If the board finds that the criteria of Penal Code section 2962 are met it shall order the prisoner's treatment by the State Department of Mental Health as a condition of parole.(d) The board shall notify the appropriate Department of Corrections Classification and Parole Representative prior to the prisoner's release date that either: (1) It has ordered the prisoner be treated by the Department of Mental Health pursuant to Penal Code section 2962, or(2) It does not find that the criteria of Penal Code section 2962 are met and the Department of Corrections is to proceed with normal parole procedures.Cal. Code Regs. Tit. 15, § 2573
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 A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-88.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 Emergency language filed 12-7-87 repealed by operation of Government Code section 11346.1 (Register 88, No. 42).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 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 2978, 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 to reference citations filed 2-4-91; operative 3-6-91 (Register 91, No. 11).