Chapter 6 – Adult Classification

62030.4.2 Referral Packet

• 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).