The State Authorized Risk Assessment Tool for Sex Offenders (SARATSO) shall be administered by the Department of Corrections and Rehabilitation to assess every eligible person who is incarcerated in state prison and every eligible person who is on parole if the person was not assessed prior to release from state prison). The Department of Mental Health shall administer the SARATSO to assess every eligible person who is committed to that department.
(a)-(b) All DNA and forensic identification profiles and other identification information or biological samples retained by the Department of Justice are exempt from any law requiring disclosure of information to the public or return of biological specimens, samples, or print impressions.
There is no psychotherapist-patient privilege if the psychotherapist is appointed by the court to examine the patient, unless the psychotherapist is appointed upon request of the patient's lawyer to obtain information to advise the patient of whether or not to utilize a defense based on insanity or on his mental or emotional condition. There is no privilege if the psychotherapist is appointed by the Board of Prison Terms to examine the patient.
When a person dies in custody of law enforcement or in prison, the agency must submit a report with certain information to the state attorney general. The report does not waive confidentiality of medical information.
The Department of Corrections along with every physician or surgeon attending to an injured state prisoner must file a report with the Division of Labor Statistics and Research of every injury resulting from labor performed, unless such injury does not last through the day or does not require more than first aid treatment. If the injury results in death, the Department of Corrections must report it to the Division.
The Division of Labor Statistics and Research must send copies of received injured prisoner reports to the Division of Occupational Safety and Health. The Division of Occupational Safety and Health may use the reports to make recommendations to the Department of Corrections of ways to improve working conditions of state prisoners.
Any person authorized to administer the State Authorized Risk Assessment Tool for Sex Offenders (SARATSO) and any person acting under authority from the SARATSO Review Committee as an expert to train, monitor, or review scoring by persons who administer the SARATSO, shall have access to all relevant records pertaining to a registered sex offense, including psychological evaluations and psychiatric hospital reports. Records and information obtained under this section shall not be subject to the California Public Records Act.
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.
