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§ 3999.342. Placement in a Department of State Hospitals Hospital.

15 CA ADC § 3999.342Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 15. Crime Prevention and Corrections
Division 3. Adult Institutions, Programs and Parole
Chapter 2. Rules and Regulations of Health Care Services
Subchapter 3. Health Care Operations
Article 5. Mental Health Care
15 CCR § 3999.342
§ 3999.342. Placement in a Department of State Hospitals Hospital.
Currentness
(a) Patients considered for placement in a Department of State Hospitals (DSH) hospital pursuant to Penal Code section 2684 shall be informed of their rights to a hearing on the placement and to waive such a hearing. Except as provided in subsection (b) below, patients who do not waive their right to the hearing shall be provided the following:
(1) A written notice of the placement hearing at least 72 hours prior to the hearing.
(2) An independent and qualified staff member to assist the patient with their preparation for the hearing. Any costs or expenses incurred related to independent assistance obtained by the patient on their own shall be the sole responsibility of the patient.
(3) An opportunity to present documentary evidence and the oral or written testimony of witnesses, and to refute evidence and cross examine witnesses unless the hearing officer indicates a good cause for prohibiting such evidence or witnesses.
(4) A hearing officer who shall be the institution head or a designee which shall be a correctional administrator, physician, Psychiatrist, or Psychologist who is not involved with treating the patient.
(5) A copy of the written decision within 72 hours after the hearing, which shall include the reason for the decision and the evidence relied upon in making the decision.
(b) Patients and parolees who require emergency psychiatric hospitalization shall be entitled to a certification review hearing pursuant to Welfare and Institutions Code section 5256 at the DSH hospital in lieu of the above hearing and waiver requirements.
(c) Patients and parolees housed in DSH hospitals remain under the jurisdiction of the Department and shall not be permitted to leave the hospital grounds without the specific authorization of the Secretary.

Credits

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5150 and 5250 through 5256, Welfare and Institutions Code; Sections 2684, 2974 and 5054, Penal Code; and Vitek v. Jones (1980) 445 U.S. 480, 100 S.CT. 1254.
History
1. Change without regulatory effect renumbering former section 3369.1 to new section 3999.342, including amendment of section heading and section, filed 4-15-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 16).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 15, § 3999.342, 15 CA ADC § 3999.342
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