As a condition of parole, a prisoner shall be treated by the Department of Mental Health when the person in charge of treating the prisoner and a psychiatrist or psychologist have evaluated the prisoner and a Department of Corrections chief psychiatrist has certified to the Board of Prison Terms that the prisoner has a severe mental disorder that cannot be kept in remission without treatment, that the disorder was a factor in the commission of the crime, that the prisoner has received treatment for the disorder for 90 or more days, and that because of the disorder the prisoner is a substantial
Mental health treatment required by Penal Code 2962 shall be inpatient unless the Department of Mental Health certifies to the Board of Prison Terms that the patient can be safely and effectively treated on an outpatient basis. Prior to placing a parolee in an outpatient treatment program, the Department of Mental Health shall consult with the local outpatient program as to the appropriate treatment plan.
If a parolee's severe mental disorder is put in remission and can be maintained in remission, the Director of Mental Health shall notify the Board of Prison Terms and the Department of Mental Health shall discontinue treating the parolee.
Within 180 days of termination of parole or release from prison, if the prisoner's severe mental disorder is not in remission or cannot be kept in remission without treatment, the medical director of the state hospital treating the parolee or the community program director or the Director of Corrections shall submit a written evaluation on remission to the district attorney which may, upon the request of the district attorney, be accompanied by supporting affidavits. This information can then be used to file a petition with the superior court for continued involuntary treatment for one year.
For the purposes of proving that a prisoner has received 90 or more days of treatment within the year prior to the prisoner's parole or release, records of any state or federal penitentiary, county jail or state hospital may be admitted as evidence.
Upon parole of a domestic violence offender, the parole agent or officer shall conduct an initial assessment of the parolee, which information shall be provided to the batterer's program. The assessment shall include, but it not limited to, information like medical history and substance abuse history.
In a court hearing to determine whether a Penal Code 2970 petition for continued treatment of a severely mentally disordered prisoner posing a threat of danger to others, the prisoner's attorney shall be given a copy of the petition as well as supporting documents.
Prison officials may cause prisoners to be taken to a facility for 72 hour treatment and evaluation if a prisoner appears to be mentally disordered and shall submit a confidential report of the reasons for the transfer. At the end of each period of confinement, the facility shall transmit a confidential report of the prisoner's condition.
Except as provided, any person who is permitted to work while confined in a county jail, industrial farm, road camp, or city jail or any person assigned to community service or work furlough may not be employed to perform functions that require access to a private individual's personal information. Personal information is inclusive of health insurance information and unique biometric data.
The Secretary of the Department of Corrections and Rehabilitation shall not assign any prison inmate to employment that gives the inmate access to a private individual's personal information. Such personal information is inclusive of health insurance information and unique biometric data.
