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Summary:

(a) Inmates in a state prison cannot be administered psychiatric medication without prior informed consent. (b) However, inmates can be involuntarily treated on a non-emergency basis or an emergency basis, if certain conditions are met. (c) The Department of Corrections and Rehabilitation can administer involuntary medication on a nonemergency basis if an administrative hearing determines by clear and convincing evidence that the inmate has a mental illness or disorder, that as a result of that illness the inmate lacks the capacity to consent to or refuse treatment with psychiatric medications or is a danger to self or others if not medicated, that there is no less intrusive alternative to involuntary medication, and that the medication is in the inmate's best medical interest. (c)(7)(B) The inmate has the right to be represented by counsel at all stages of the proceedings. Prior to the hearing, counsel for the inmate shall have access to all medical records and files of the inmate, but shall not have access to the confidential section of the inmate's central file which contains materials unrelated to medical treatment. (d) A physician can administer psychiatric medication to an inmate without prior informed consent during an emergency (i.e., a sudden and marked change in an inmate's mental condition so that action is immediately necessary for the preservation of life or the prevention of serious bodily harm to the inmate or others, and it is impractical, due to the seriousness of the emergency, to first obtain informed consent). The medication shall only be that which is required to treat the emergency condition and shall be administered for only so long as the emergency continues to exist. However, if the situation necessitates the continuation of medication beyond the initial 72 hours pending the full mental health hearing, the department shall give notice to the inmate and his or her counsel of the department's intention to seek an ex parte order to allow the continuance of medication pending the full hearing. The order may be issued ex parte upon a showing that in the absence of the medication the emergency conditions are likely to recur. The request for an ex parte order shall be supported by an affidavit from the psychiatrist showing specific facts. ...

Summary:

(a-b) Generally, the administration of psychiatric medication to an inmate in a county jail requires informed consent. However, if a psychiatrist determines that an inmate should be treated with psychiatric medication, then the inmate may be involuntarily treated on a nonemergency or emergency/interim basis. (c) A county department of mental health (or other designated county department) may seek to initiate involuntary psychiatric medication on a nonemergency basis only if certain specified conditions have been met, including a capacity hearing. (7)(B) The inmate's counsel for that hearing shall have access to all medical records and files of the inmate, but shall not have access to the confidential section of the inmate's central file which contains materials unrelated to medical treatment. ... (g) To renew an existing order allowing involuntary medication, the county department of mental health (or other designated county department) must prove to the superior court (4) based on clear and convincing evidence that the inmate has a serious mental disorder that requires treatment with psychiatric medication, and that, but for the medication, the inmate would revert to the behavior that was the basis for the prior order authorizing involuntary medication, coupled with evidence that the inmate lacks insight regarding his or her need for the medication, such that it is unlikely that the inmate would be able to manage his or her own medication and treatment regimen.

Summary:

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 danger to others, the prisoner received a determinate sentence for the crime and the crime is one of those listed.

Summary:

If a chief psychiatrist of the Department of Corrections has certified to the Board of Prison Terms that a prisoner has a severe mental disorder not in remission, for whom the mental disorder was a factor in the prisoner's criminal behavior, and due to it, the prisoner represents a substantial danger of physical harm to others; and the prisoner has been in treatment for the severe mental disorder for 90 days or more within the year prior to his or her parole release day; then upon a showing of good cause, the Board of Parole Hearings may order that the prisoner remain in custody for no more than 45 days after his scheduled release in order to conduct a full psychiatric evaluation, and any additional evaluations by independent professionals.

Summary:

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. Upon request by a community program director, a peace officer shall take the parolee into custody and transport the parolee to a facility designated by the community program director for confinement as provided under this section. Before deciding to seek revocation of parole of a parolee receiving mental health treatment, the parole officer shall consult with the director of the parolee's outpatient program.

Summary:

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.

Summary:

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.

Summary:

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.

Summary:

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.

Keywords:
prisoner, judicial
Summary:

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.

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