1. (a) If the State Department of Mental Health has not placed a parolee on outpatient treatment within sixty (60) days after receiving custody of the parolee or after parole is continued pursuant to Penal Code section 3001, the parolee may request a hearing before the board to determine whether he or she shall be treated as an inpatient or an outpatient.

   1. (2) The burden of proof shall be on the State Department of Mental Health to establish that the prisoner requires inpatient treatment.
   2. (3) The prisoner/parolee shall have the rights specified in §§ 2245-2256.
   3. (4) An attorney shall be appointed or retained to represent the prisoner or parolee. Attorney waivers will not be accepted.
   4. (5) Parolees shall be informed that they have a right to request evaluations by two (2) independent professionals from the approved list provided by the Department of Corrections and the State Department of Mental Health. If the prisoner or any person appearing on his or her behalf at the hearing requests it, the board shall appoint two independent professionals as defined in Penal Code section 2978.
   5. (6) The record of the hearing shall be a tape recording.
   6. (7) Written Decision--The parolee and his attorney shall receive a copy of the decision specifying the decision, the information considered and the reasons for the decision.
   7. (8) A parolee may appeal a placement hearing decision pursuant to § 2050.
   8. (9) The hearing shall be conducted by one Deputy Commissioner.

   (b)(1) The standard of proof used at this hearing shall be a preponderance of the evidence standard.

Note: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Section 2964, Penal Code.

History

1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-88.

2. Emergency language filed 12-7-87 repealed by operation of Government Code section 11346.1 (Register 88, No. 42).

3. New section filed 10-6-88; operative 10-6-88 (Register 88, No. 42).

4. Amendment of subsection (b)(4) and reference citation filed 2-4-91; operative 3-6-91 (Register 91, No. 11).

5. Amendment of subsections (b)(3), (b)(8) and (b)(9) filed 6-24-2003 as an emergency; operative 7-1-2003 (Register 2003, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2003 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 7-1-2003 order transmitted to OAL 10-24-2003 and filed 11-7-2003 (Register 2003, No. 45).