Chapter 6 – Adult Classification

62030.20 PC 2974 Criteria/Referrals

• 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.