Divisions and Programs

Mentally Disordered Offenders

The BPH may require inmates to be placed in Department of Mental Health (DMH) treatment programs as a condition of parole.  This condition is imposed when clinical evaluations and a review of court documents show that the parolee will pose a substantial danger to others due to a severe mental disorder.

California law requires all inmates to be screened during their first year of imprisonment to determine whether they are mentally disordered.  Those found to be mentally disordered are subject to treatment by DMH while they are imprisoned.  The BPH may then require that treatment to continue as a condition of parole after the inmate has served the sentence imposed by the court.   In addition, the court may order the confinement and continued treatment of an inmate through a civil commitment when the parole period has expired.

The BPH may order mentally disordered offenders to receive inpatient treatment at Atascadero State Hospital (males) or Patton State Hospital (females).  When the parolee can be safely and effectively treated as an outpatient, they may be released from the institution and continue treatment in the community as a condition of parole.

Parolees are given many opportunities to be evaluated to ensure they meet criteria established in the law that defines mentally disordered offenders.  The first is a Certification Hearing immediately following a BPH order and transfer to a state hospital for treatment.  At the hearing, which is conducted by a Deputy Commissioner, the parolee has the right to request two independent evaluations of  their mental condition.  The criteria that define a Mentally Disordered Offender includes:

• the parolee has an illness or disease or condition that substantially impairs thinking, perceptions, emotions, judgment or behavior
• the parolee was convicted of a crime that involved force and violence that resulted in or threatened serious bodily harm
• the mental disorder was the cause or a contributing factor in the crime for which the parolee was convicted
• the mental disorder is not in remission and cannot be controlled by medication
• the parolee has received treatment for severe mental disorder for at least 90 days in the year prior to parole
• the parolee poses a danger to others because of the mental disorder

If the DMH has not placed the parolee into outpatient treatment within 60 days, the parolee may request a Placement Hearing to determine if they can be released to the community.  This hearing also is conducted by a Deputy Commissioner and the parolee has the right to request two independent evaluations of their mental condition.

Mentally disordered offenders also have the right to request a hearing annually to determine whether their participation in these treatment programs should continue, either in a state hospital or as an outpatient in a community treatment facility.  That hearing also is conducted by a Deputy Commissioner and may include two independent evaluations of the parolee.

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