Chapter 9 – Health Care Services

91090.11 Documentation of Legal Paperwork

• Pre-Hearing

  • Institutions should provide supporting documentation to independently verify what is alleged in either the CDCRCalifornia Department of Corrections and Rehabilitation MHMental Health-7363 or CDCRCalifornia Department of Corrections and Rehabilitation MHMental Health-7368. The CDCRCalifornia Department of Corrections and Rehabilitation MHMental Health-7363 and CDCRCalifornia Department of Corrections and Rehabilitation MHMental Health-7368 are not evidence, and must be independently supported by health records, chronos, photographs, or other documentary evidence of the criteria alleged.

  • Such supporting documentation should be securely uploaded as a PDF to a secure Sharepoint or other secure site within three business days of the filing of either an initial or renewal petition, unless there is a justifiable business reason for not doing so. If the discovery cannot be provided to headquarters staff and to the inmate attorney within three business days of the filing of the CDCRCalifornia Department of Corrections and Rehabilitation MHMental Health-7363 or CDCRCalifornia Department of Corrections and Rehabilitation MHMental Health-7368, the institution should make a workstation available to the inmate’s attorney to review the discovery on site, unless other arrangements are made with the inmate attorney for delayed electronic discovery.

  • Discovery will include six months of CDCRCalifornia Department of Corrections and Rehabilitation 7230 Interdisciplinary Progress Notes, any recent discharge summaries from the Department of State Hospitals, six months of psychiatrist progress notes, six months of primary clinician progress notes, recent suicide risk assessments, six months of relevant nursing notes documenting observations of behavior that could be classified as danger to self, danger to others or grave disability, any relevant Triage and Treatment Area or Mental Health Crisis Bed admission notes, and any relevant refusals of medication, food, showers, etc. Additionally, as relevant to the case(s) alleged, items from the central file may include a probation officer’s report, Rules Violation Reports, CDC 128-G, Classification Chrono, or CDC-114A, and Isolation Log. Photographs will be provided, where relevant.

  • Institutions may supply discovery to the inmate attorney on CD-R media, or via secure electronic transmission media.

• Post-Hearing

  • All court orders resulting from a hearing before an ALJ should be forwarded to the OLAOffice of Legal Affairs either electronically as individual PDF files or by overnight mail within 24 hours of the conclusion of the hearing.

  • All court orders resulting from a hearing before an ALJ should be scanned into both the health records and the central file within 24 hours, with the appropriate alert sheet. This includes the ex-parte interim court ruling from the OAH, as well as continuance orders.

  • If the court has denied a case, the order for involuntary medication must be discontinued from the electronic record as soon as possible and the order for discontinuation added to all available charting resources and health records within 24 hours.