Chapter 6 – Adult Classification

Mentally ill inmates received by the Department may be transferred to a California DMHDepartment of Mental Health (see Department of State Hospitals DSH) facility for stabilizing psychiatric treatment.

This section establishes procedures for the transfer and return of mentally ill inmates and parolees between the Department and DMHDepartment of Mental Health (see Department of State Hospitals DSH). It provides for the due process and orderly acceptance and processing in a controlled and expedient manner of those mentally ill inmates who can receive optimum benefit from treatment in a DMHDepartment of Mental Health (see Department of State Hospitals DSH) facility.

Authorization

• PCPenal Code 2684, 2690 and 2974 provide for transferring mentally ill inmates and parolees to DMHDepartment of Mental Health (see Department of State Hospitals DSH) facilities. PCPenal Code 2685 provides for returning those inmates to the Department who are no longer benefiting from a DMHDepartment of Mental Health (see Department of State Hospitals DSH) placement. Parolees placed in DMHDepartment of Mental Health (see Department of State Hospitals DSH) facilities for psychiatric treatment shall be released to parole after they have stabilized.

Criteria

The inmate/parolee shall have 90 days or more to serve from the date of actual admission to a state hospital. Exceptions to the above may be arranged on a case-by-case basis.

Referrals shall be accepted for inmates in the following diagnostic categories only:

• A diagnosed severe psychosis or severe effective disorder, acute or chronic, requiring intensive treatment in a psychiatric hospital.

• A long-standing psychosis or effective disorder, with a history of repeated psychiatric hospitalizations prior to their current commitment to the Department, requiring long-term sub-acute treatment in a psychiatric hospital in order to facilitate their rehabilitation and eventual placement in a community treatment program.

• Requires specialized diagnosis and treatment which is available in a DMHDepartment of Mental Health (see Department of State Hospitals DSH) facility but is not available in the Department.

• Request for intensive psychological/diagnostic evaluation.

Exceptions to the above criteria shall be evaluated on a case-by-case basis if there is a compelling reason for referral.

A referral packet shall be prepared and sent directly to the state hospital where placement is intended. For male inmates, the packet is sent to Atascadero State Hospital (ASHAtascadero State Hospital); females to Metropolitan State Hospital (MSHMetropolitan State Hospital); and parolees to the state hospital designated by DMHDepartment of Mental Health (see Department of State Hospitals DSH).

Following acceptance by the state hospital, the inmate’s C-File and the original documents from the referral packet shall be presented to a CSRClassification Staff Representative for transfer endorsement with the original documents listed below included.

The referral packet shall consist of the following documents:

Vitek Hearing

• A signed waiver of a due process (Vitek) hearing for voluntary cases or certification of a due process hearing for involuntary cases. Inmates who are considered for DMHDepartment of Mental Health (see Department of State Hospitals DSH) transfer shall be advised of their rights to a hearing regarding the transfer. If the inmate does not waive their right to the hearing the following requirements shall be met:

• The inmate shall be provided written notice of a hearing to determine their involuntary placement in a mental hospital at least 72 hours before the hearing is held.

• The hearing officer shall be the Warden or designee (AWAssociate Warden, physician, or a member of the psychiatric staff).

• A staff assistant, usually the inmate’s counselor, shall be appointed by the hearing officer to assist the inmate in collecting, presenting and confronting evidence at the hearing. Attorney representation of the inmate shall not be permitted.

• The findings and decision of the hearing shall include references to the evidence relied upon and the reason for the decision.

A copy of the decision shall be given to the inmate within 72 hours after the hearing and a copy shall be placed in the inmate’s C-file. A copy of the decision with the following documents shall be sent to the state hospital:

• A psychiatric evaluation completed within the last three months to include whether the crime involved force and/or violence and/or great bodily injury; and whether the mental disorder was a cause or aggravating factor in the crime.

• A completed Mental Health (MHMental Health) Form 2546, Transfer Information Form, indicating the type of service requested, such as psychiatric evaluation and treatment or conservatorship investigation, preparole or discharge planning or other services.

• An institutional and/or adjustment history, including misconduct reports and security concerns.

• An Abstract of Judgment and, if available, PORProbation Officer Report.

• Supporting documents such as holds and detainers.

• Classification committee’s recommendation (CDC Form 128-G, Classification Chrono) for transfer to DMHDepartment of Mental Health (see Department of State Hospitals DSH).

Utilization of PCPenal Code 2690 is for emergency psychiatric transfers from the Department to DMHDepartment of Mental Health (see Department of State Hospitals DSH). The criteria for PCPenal Code 2690 and 2684 are the same.

The Department’s Chief, Medical Services, shall contact DMHDepartment of Mental Health (see Department of State Hospitals DSH) and arrange for the PCPenal Code 2690 transfer. Upon acceptance by DMHDepartment of Mental Health (see Department of State Hospitals DSH), a CDC Form 7252, Request For Authorization of Temporary Removal For Medical Treatment shall be completed and processed. The inmate shall then be transferred, and a PCPenal Code 2690 referral shall be initiated, utilizing the procedure outlined in this chapter. An inmate can be placed in DMHDepartment of Mental Health (see Department of State Hospitals DSH) for a period not to exceed three days under PCPenal Code 2690, and for this reason PCPenal Code 2684 procedure shall be expedited.

Referrals for emergency psychiatric hospitalization may be expedited using PCPenal Code 2684 referral packet.

• In place of a Vitek hearing, the inmate/parolee is entitled to a certification review hearing or writ of habeas corpus in DMHDepartment of Mental Health (see Department of State Hospitals DSH) facilities.

• The psychiatric report/evaluation must be no more than 30 days old.

For some parolees, PCPenal Code 2684 and/or 2690 process shall be followed. Once the Vitek Hearing is held, or the waiver is signed, the case will be screened by DMHDepartment of Mental Health (see Department of State Hospitals DSH) state hospital within seven working days. If accepted by a DMHDepartment of Mental Health (see Department of State Hospitals DSH) state hospital, the individual shall be transferred directly to that DMHDepartment of Mental Health (see Department of State Hospitals DSH) state hospital under order of the BPT from the county jail. Formal parole revocation by the BPT shall be done at the DMHDepartment of Mental Health (see Department of State Hospitals DSH) facility.

The following are designated as the hub institutions for inmates housed in the DMHDepartment of Mental Health (see Department of State Hospitals DSH) facilities:

• CMFCalifornia Medical Facility for inmates placed in Northern California DMHDepartment of Mental Health (see Department of State Hospitals DSH) facilities.

• The CMCCalifornia Men's Colony for inmates placed in Southern California DMHDepartment of Mental Health (see Department of State Hospitals DSH) facilities.

• The CIWCalifornia Institution for Women for female inmates placed in state hospitals.

The records for each inmate housed by DMHDepartment of Mental Health (see Department of State Hospitals DSH) shall be maintained by the respective hub institution. The institution shall also be responsible for all contacts with the designated DMHDepartment of Mental Health (see Department of State Hospitals DSH) facility to secure reports, schedule BPT hearings, and to process an inmate’s parole or discharge.

Transportation of inmates to and from state hospitals is the responsibility of the Department. Specific arrangements shall be made by the Warden of the hub institution and the administrator of the state hospital.

DMHDepartment of Mental Health (see Department of State Hospitals DSH) may transfer inmates between the state hospitals when it is deemed necessary. However, the administrator of the transferring hospital shall notify the Warden of the hub institution prior to any such transfer.

If an inmate escapes from a state hospital, the hospital director or designee shall immediately notify the Department headquarters Identification Unit of the escape. The Identification Unit shall notify appropriate institution staff who shall institute escape procedures. DMHDepartment of Mental Health (see Department of State Hospitals DSH) staff may also contact institution staff directly.

Within ten working days following the escape, the Warden of the hub facility shall advise the hospital’s administrator whether the inmate should be discharged from the hospital or continued on the hospital’s roster.

Inmates at State hospitals are “in custody” and shall not leave the hospital grounds without the authorization of The Director. Any temporary community release request shall be processed in accordance with DOMDepartment Operations Manual 62070. At the discretion of the hospital’s administrator, an inmate may be granted privileges and participate in all aspects of the treatment program within the hospital confines.

Inmates housed at State hospitals are subject to the CCRCalifornia Code of Regulations the same as inmates housed in correctional facilities, in addition to the receiving hospital’s rules.

When it is the opinion of the hospital’s administrator that an inmate has been treated to the extent that the inmate will not benefit by further care and treatment in the State hospital, the administrator shall:

• Initiate a request to the hub facility for return of the prisoner to the Department.

• The inmates shall be transported within seven working days by hub facility staff. If the inmate becomes a significant security risk or management case, the inmate shall be transported immediately by hub facility staff.

The Department may appeal any case that it feels was inappropriately rejected or returned by the State hospital staff. The appeal shall be referred to the Deputy Director, HCSDHealth Care Services Division (see DCHCS), who shall resolve it with the Division of State Hospitals Programs.

PCPenal Code 1364 provides for a voluntary experimental sex offender treatment program wherein a selected number of male inmates may participate under the jurisdiction of DMHDepartment of Mental Health (see Department of State Hospitals DSH) at ASHAtascadero State Hospital. PCPenal Code 1364 also provides that if, after placement in the program, the inmate refuses to cooperate, is found unamenable to treatment, or requests return to the Department, he shall be returned to the Department. This program will terminate on June 30, 1995.

Criteria and selection for PCPenal Code 1364 Sex Offender Program is determined through OBISOffender Based Information System by a DMHDepartment of Mental Health (see Department of State Hospitals DSH) screening team. If selected for review, an inmate shall be interviewed by the DMHDepartment of Mental Health (see Department of State Hospitals DSH) screening team after a complete review of the inmate’s C-File. The DMHDepartment of Mental Health (see Department of State Hospitals DSH) review staff shall submit an approval letter, requesting transfer to DMHDepartment of Mental Health (see Department of State Hospitals DSH) to the C&PRClassification & Parole Representative. The inmate is then referred to the Institution Classification Committee (ICCInstitution Classification Committee) for a transfer recommendation to CMCCalifornia Men's Colony-E, which is the hub facility for PCPenal Code 1364 Sex Offender Program. If recommended by ICCInstitution Classification Committee, the case is then submitted to the CSRClassification Staff Representative for transfer approval to CMCCalifornia Men's Colony-E. Transfer to DMHDepartment of Mental Health (see Department of State Hospitals DSH) from CMCCalifornia Men's Colony-E will be effected upon bed space availability.

PCPenal Code 2970 provides for the continued involuntary treatment of inmates/parolees prior to termination of parole or release if the inmate’s/parolee’s severe mental disorder is not in remission or cannot be kept in remission without treatment and if the inmate/parolee refused to agree to treatment as a condition of parole.

The transfer request shall be initiated by DMHDepartment of Mental Health (see Department of State Hospitals DSH) and sent to the Department’s, CSUClassification Services Unit.

The case shall be forwarded to the Deputy Director, HCSDHealth Care Services Division (see DCHCS), or designee who shall determine whether or not to accept the case for treatment. If accepted, the Deputy Director, HCSDHealth Care Services Division (see DCHCS), or designee shall return the case to the Classification Services Section with a recommendation for placement.

If rejected, the case shall be returned to DMHDepartment of Mental Health (see Department of State Hospitals DSH) with reasons for rejection noted.

Patients received under PCPenal Code 1026, 1368, and 3700 shall be designated “health” patients. Material to be submitted by DMHDepartment of Mental Health (see Department of State Hospitals DSH) to the Director for transfer consideration shall consist of the commitment information and reasons for transfer and shall also include the following information:

• Offense pattern.

• Major psychiatric diagnosis.

• Social and case histories.

• Treatment modalities.

• Response to treatment in DMHDepartment of Mental Health (see Department of State Hospitals DSH) facilities.

• Reason for referral.

• Inmate’s attitude toward referral, including results of the due process hearing (Vitek) or a signed waiver of the hearing.

• Current medication at the time the summary was dictated.

• Relevant medical problems.

• Relevant security or institutional problems.

Whenever a person is transferred to a Department institution pursuant to these sections; any report, opinion or certificate required/authorized to be filed with the court which committed such person to a state hospital or ordered such person placed therein, shall be prepared and filed with the court by the administrator of the institution in which the person is actually confined or by the designee of such administrator.

Institution staff shall prepare a case summary for each person from DMHDepartment of Mental Health (see Department of State Hospitals DSH). When processing is complete, the case shall be presented to a CSRClassification Staff Representative for transfer consideration. When the case summary is completed, the receiving institution shall forward a copy to DMHDepartment of Mental Health (see Department of State Hospitals DSH).

Six months from the date of the patient’s arrival at the receiving institution and each year thereafter, the Warden shall forward to DMHDepartment of Mental Health (see Department of State Hospitals DSH) a case summary update, which shall contain the following information:

• The patient’s present institutional program.

• A current psychiatric diagnosis and recommendation(s).

• The Warden’s recommendation for future programming.

CMFCalifornia Medical Facility and CMCCalifornia Men's Colony are designated to receive male mental health patients. CIWCalifornia Institution for Women is designated to receive female mental health patients. Under normal conditions, patients shall be received directly at the main institution and need not be processed through a reception center unless otherwise determined by the Warden. Such patients may be transferred to other institutions as appropriate.

DMHDepartment of Mental Health (see Department of State Hospitals DSH) Patients

• If a classification committee recommends the transfer of a DMHDepartment of Mental Health (see Department of State Hospitals DSH) patient between the Departments institutions, the recommendation shall be prepared on a CDC Form 128-G and referred to a CSRClassification Staff Representative for transfer consideration. If transfer is approved, the C&PRClassification & Parole Representative of the sending institution shall, by memorandum, notify DMHDepartment of Mental Health (see Department of State Hospitals DSH) of the transfer and the reason therefore.

During the time DMHDepartment of Mental Health (see Department of State Hospitals DSH) patients are confined at the Departments institutions, they shall retain their status as patients of DMHDepartment of Mental Health (see Department of State Hospitals DSH).

Such patients are not subject to the provisions of PCPenal Code 4500, 4501, 4501.5, 4502 or 4530. They are, however, subject to the rules and regulations of the Director. In the event of an escape, attempted escape, fight or riot, employees shall deal with such persons the same as an inmate committed to the Department.

PCPenal Code 2974 provides for the treatment of inmates or parole violators nearing release who are a danger to self or others or are gravely disabled as a result of a mental disorder.

Placement Process

• The placement packet shall be prepared by the C&PRClassification & Parole Representative (or designee) at CMCCalifornia Men's Colony, CMFCalifornia Medical Facility, CIMCalifornia Institution for Men, or CIWCalifornia Institution for Women for inmates or parole violators or by the chief psychiatrist (or designee) of the POCParole Outpatient Clinics for parolees.

• Placement of male inmates or parole violators shall be made in ASHAtascadero State Hospital, female inmates or parole violators in MSHMetropolitan State Hospital, and parolees to the facilities designated by DMHDepartment of Mental Health (see Department of State Hospitals DSH).

Placement Package

• The placement packet should be sent to the DMHDepartment of Mental Health (see Department of State Hospitals DSH) facility at least seven days prior to expiration of prison term for inmates so that it can be reviewed and the admission approved. The placement packet for parolees must be received and approved prior to admission unless information and approval is given over the telephone with the packet then sent with the parolee.

• The placement package shall include at least the following:

  • A medical/psychiatric record with the psychiatric evaluation done within the last (30) days and a progress note, if appropriate.

  • Substantiation of how the patient meets the Lanterman-Petris-Short (LPSLanterman-Petris-Short Act) Act, criteria must be included, with specific behaviors of the patient documented.

  • An indication of the type of services requested; i.e., psychiatric evaluation and treatment, conservatorship investigation, preparole or discharge planning, or other services agreed upon by DMHDepartment of Mental Health (see Department of State Hospitals DSH) and the Department.

  • An institution or parole adjustment history, including a description of any serious misconduct and/or security concerns.

  • Relevant parole documents describing conditions of parole and parole discharge date, and the PORProbation Officer Report, if available.

• The DMHDepartment of Mental Health (see Department of State Hospitals DSH) state hospital will receive, evaluate and treat the placed patient according to the LPSLanterman-Petris-Short Act Act. PCPenal Code 2974 patients will be eligible for the same privileges as LPSLanterman-Petris-Short Act patients, including passes for placement interviews, ground privileges, etc., at the discretion of DMHDepartment of Mental Health (see Department of State Hospitals DSH) staff, on a case-by-case basis.

Certification Recommendation

• If certification is recommended, the DMHDepartment of Mental Health (see Department of State Hospitals DSH) hospital shall notify the P&CSDParole & Community Services Division (see DAPO) designated hearing officer of the need for a certification review hearing under W&I 5250. The hearing shall be held at the DMHDepartment of Mental Health (see Department of State Hospitals DSH) hospital within seven days of admission to the hospital. In the event parole has expired, the Departments’ P&CSDParole & Community Services Division (see DAPO) has no statutory authority.

• If certification is not recommended, or if it is determined at a certification review hearing or a judicial hearing that there is not probable cause to further involuntarily detain the patient, or at a subsequent time it is determined that the patient no longer requires hospitalization, the DMHDepartment of Mental Health (see Department of State Hospitals DSH) hospital shall notify the designated parole office which shall arrange for the immediate removal of the inmate or parolee from the hospital. In the event parole has expired, the Departments’ P&CSDParole & Community Services Division (see DAPO) has no statutory authority.

Continued Hospitalization (PCPenal Code 2974)

• If a patient is hospitalized until expiration of the patient’s prison term under PCPenal Code 2684, and if continued hospitalization under PCPenal Code 2974 is recommended by DMHDepartment of Mental Health (see Department of State Hospitals DSH) staff, the Department agrees to delegate placement authority under PCPenal Code 2974 to DMHDepartment of Mental Health (see Department of State Hospitals DSH). This includes authority, as long as the patient remains on parole status, to include the patient days utilized by this patient in the state hospital services funded by the Department. DMHDepartment of Mental Health (see Department of State Hospitals DSH) will notify the Department that a decision has been made to seek appropriate LPSLanterman-Petris-Short Act legal status to continue to hospitalize the patient under PCPenal Code 2974.

When an inmate about to be paroled is diagnosed by a psychiatrist/psychologist as mentally disturbed and cannot be transferred to DMHDepartment of Mental Health (see Department of State Hospitals DSH) pursuant to PCPenal Code 2684, 2690, or 2974, the C&PRClassification & Parole Representative shall:

• Immediately contact the RPARegional Parole Administrator and advise them of the specific facts, including the inmate’s name, number, psychiatric status, release date, county of commitment and all other pertinent facts.

• Coordinate the inmate’s release to permit the Parole Agent to take custody of the inmate at the institution.

• Document all pertinent facts on a CDC Form 128-B, Informative Chrono, and give a copy to the Parole Agent when the Parole Agent takes custody of the inmate. Provide a copy of the most recent clinical evaluation and a list of all prescribed medications to the Parole Agent.

The RPARegional Parole Administrator shall coordinate the P&CSDParole & Community Services Division (see DAPO)’s role in taking the inmate into custody at the institution as well as determining the most appropriate follow-up, which may include:

• Placing the inmate in a county mental health facility.

• Placing the inmate in custody at the nearest city or county jail pending revocation proceedings for psychiatric evaluation.

• Referring the inmate to the POCParole Outpatient Clinics.

Before discharging any inmate who, because of mental illness, is deemed a danger to themselves or others, the Warden shall act to place the inmate in a facility designated by a county (and approved by DMHDepartment of Mental Health (see Department of State Hospitals DSH) for 72-hour treatment and evaluation) or in a 14-day intensive treatment facility pursuant to the provisions of PCPenal Code 2974.

The Warden of the releasing institution shall:

• Document the psychiatric justification for the decision that the inmate is dangerous to themselves or others or gravely disabled and should not be released to the community. Provide written notice to local law enforcement agency of these conditions.

The law enforcement agency will usually transport the inmate to the county facility and effect the commitment pursuant to the W&I 5150 or PCPenal Code 2974.

The Deputy Director, Institutions, shall be notified prior to the inmate’s release if local authorities are not responsive.

When an inmate makes written or verbal statements of a threatening nature and the inmate is not considered mentally disturbed following an evaluation by clinical staff (psychiatrist/psychologist), the following procedures shall be initiated:

• Institution staff shall document all inflammatory/threatening comments on CDC Form 128-B if, in their opinion, there appears to be any substance to the inmate’s threats.

• A copy of all documentation pertaining to the remarks shall be forwarded to the C&PRClassification & Parole Representative who will evaluate the material and determine if further clinical assessment will be necessary prior to the inmate’s release date. If a clinical evaluation is requested prior to parole, the results shall be documented on CDC Form 128-C, Medical Chrono.

• The clinical assessment shall be returned to the C&PRClassification & Parole Representative who shall notify the RPARegional Parole Administrator and forward copies of all applicable documents to the RPARegional Parole Administrator for appropriate action.

The same procedures as indicated above are applicable to inmates pending discharge, except the RPARegional Parole Administrator is not notified. In the case of a discharge, the C&PRClassification & Parole Representative shall send written notification to the respective law enforcement agency, advising it of the situation and the Department’s concern.

The Deputy Director, Institutions or designee, shall ensure that the content of this section is current and accurate.

PCPenal Code §§: 1026, 1364, 1368, 2670, 2684, 2685, 2960-81 (except 2962 and 2974), 3060.5, 3700 4500 4501, 4501.5, 4502, 4580.

W&I §§ 5150 and 7301.