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§ 3317. Mental Health Assessments for Disciplinary Proceedings.

15 CA ADC § 3317BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 15. Crime Prevention and Corrections
Division 3. Adult Institutions, Programs and Parole
Chapter 1. Rules and Regulations of Adult Operations and Programs
Subchapter 4. General Institution Regulations
Article 5. Inmate Discipline (Refs & Annos)
15 CCR § 3317
§ 3317. Mental Health Assessments for Disciplinary Proceedings.
(a) A Mental Health Assessment is a means to incorporate clinical input into the disciplinary process when mental illness or developmental disability/cognitive or adaptive functioning deficits may have contributed to behavior resulting in a Rules Violation Report. Mental Health Assessments shall be considered by the hearing officer or senior hearing officer during disciplinary proceedings when determining whether an inmate shall be disciplined and when determining the appropriate method of discipline.
(b) Inmates who are alleged to have committed a Rules Violation shall receive a Mental Health Assessment, via completion of CDCR Form 115-MH-A (12/15), Rules Violation Report: Mental Health Assessment, which is incorporated by reference, for any of the following reasons:
(1) Inmate is a participant in the Mental Health Services Delivery System (MHSDS) at the Enhanced Outpatient Program (EOP) level of care.
(2) Inmate is a participant in the MHSDS at the Mental Health Crisis Bed (MHCB) level of care.
(3) Inmate is a participant in the MHSDS at the Psychiatric Inpatient Program, Acute Psychiatric Program or Intermediate Care Facility level of care.
(4) Inmate is a participant in the MHSDS at the Correctional Clinical Case Management System (CCCMS) level of care and has been charged with a Division A, B or C offense or any other rules violation which may result in the assessment of a Security Housing Unit term as defined in Section 3341.9, subsection (e).
(5) Inmate is a participant in the Developmental Disability Program (DDP) designated as DD1, DD2 or DD3.
(6) Inmate engaged in Indecent Exposure or Sexual Disorderly Conduct.
(7) Inmate displayed behavior that was bizarre or unusual for any inmate or uncharacteristic for the particular inmate at the time of the offense.
(c) Mental Health Services shall be contacted immediately for any inmate who is suspected of committing self-mutilation or attempted suicide. The emergency referral shall be documented via CDCR Form 128-MH5 (Rev. 05/14), Mental Health Referral Chrono, which is incorporated by reference, identifying the specific reason(s) for the referral. If Mental Health Services determines the behavior was an act of self-mutilation or attempted suicide or a clear determination could not be made, a Rules Violation Report, shall not be issued. The behavior shall be documented on a CDC Form 128B (Rev. 04/74), General Chrono, for inclusion in the inmate's Central File.
(d) If the mental health clinician determines the inmate's actions were an attempt to manipulate staff, and were not an act of self-mutilation or attempted suicide, RVR shall be issued pursuant to Section 3315, subsection (a)(3)(W).
(e) A CDCR Form 128-MH5 shall be completed for any inmate who displayed behavior that was bizarre or unusual for any inmate or uncharacteristic for the particular inmate at the time of the offense.
(f) When a mental health assessment is required, the reviewing custody supervisor shall request an assessment by completing a CDCR Form 115-MH-A and delivering it to the institution's mental health program within two calendar days of the information leading to the charges being discovered by staff. The mental health program shall complete the assessment and return it to the reviewing supervisor within eight calendar days of receipt.
(g) The hearing officer or senior hearing officer shall consider mental health staff's assessment, as documented on the CDCR Form 115-MH-A, and any other relevant information, when determining whether the inmate should be disciplined or the appropriate method of discipline when mental illness or developmental disability/cognitive or adaptive functioning deficits contributed to the inmate's behavior. If an inmate is found guilty of the charge, the hearing officer or senior hearing officer shall consider any dispositional recommendations provided by mental health staff as documented on CDCR Form 115-MH-A or any other relevant information regarding the relationship between the inmate's mental illness and/or developmental disability/cognitive or adaptive functioning deficits, and his or her misconduct, when assessing penalties.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Repealer and new section filed 3-24-78 as an emergency; effective upon filing (Register 78, No. 12).
3. Certificate of Compliance filed 6-15-78 (Register 78, No. 24).
4. Repealer and new section filed 9-24-81; effective thirtieth day thereafter (Register 81, No. 39).
5. Relocation and amendment of former subsections 3317(a)-(b)(2) to subsections 3312(a)(3)(A)-(B) and new section filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
6. Editorial correction deleting formerly relocated text (Register 95, No. 34).
7. Amendment of section heading and subsection (a), and repealer of subsections (b)-(b)(2) filed 8-23-95 as an emergency; operative 8-23-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 1-30-96 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-23-95 order transmitted to OAL 1-8-96 and filed 2-16-96 (Register 96, No. 7).
9. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
10. Amendment of section heading and repealer and new section filed 11-17-2015 as an emergency; operative 11-17-2015 (Register 2015, No. 47). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-25-2016 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 11-17-2015 order, including further amendment of subsections (a), (b) and (g), transmitted to OAL 4-20-2016 and filed 5-24-2016; amendments operative 5-24-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 22).
12. Amendment of subsections (c) and (d) filed 6-2-2016 as an emergency; operative 6-2-2016 (Register 2016, No. 23). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2016 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 6-2-2016 order transmitted to OAL 11-7-2016 and filed 12-22-2016 (Register 2016, No. 52).
This database is current through 11/19/21 Register 2021, No. 47
15 CCR § 3317, 15 CA ADC § 3317
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