1. (a) The Enhanced Outpatient Program Restricted Housing Unit (EOP RHU) provides secure housing and care for incarcerated persons with diagnosed psychiatric disorders who are not able to function in the general population and do not require inpatient hospital care, but who require placement in restricted housing.
2. (b) An incarcerated person shall be housed in an EOP RHU if they are included in the Mental Health Services Delivery System (MHSDS) at the EOP level of care and meet criteria pursuant to section 3335.
3. (c) Incarcerated persons assigned to an EOP RHU shall be classified pursuant to section 3340. Incarcerated persons assigned to an EOP RHU with an imposed RHU term shall be classified pursuant to section 3341.

4. (d) An incarcerated person included in the MHSDS at the EOP level of care and retained in RHU by an Institution Classification Committee shall be transferred to a designated EOP RHU within 30 days of RHU placement. If the incarcerated person's inclusion in the MHSDS at the EOP level of care occurs after RHU placement, the incarcerated person shall be transferred within 30 days from the date of the inclusion at the EOP level of care.

   1. (1) An exception to the 30-day requirement is allowed, and time constraints suspended, in the following circumstances:

      1. (A) Healthcare staff determines, based on medical necessity, that a transfer cannot occur and places a medical hold.
      2. (B) During a delay resulting from the incarcerated person's refusal to transfer.
      3. (C) The incarcerated person is out-to-court.
      4. (D) The incarcerated person is placed in a Mental Health Crisis Bed or higher level of care.
   2. (2) Upon resolution of the exception, the time constraints will resume.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2933.6, 5054 and 5068, Penal Code; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146, 1278; Coleman v. Wilson, 912 F.Supp. 1282 (E.D. Cal. 1995); and Clark v. California, 123 F.3d 1267 (9th Cir. 1997).

History

1. New section filed 10-24-2023 as an emergency; operative 11-1-2023 (Register 2023, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 4-8-2024 as an emergency; operative 4-11-2024 (Register 2024, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-10-2024 or emergency language will be repealed by operation of law on the following day.

3. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).

4. Certificate of Compliance as to 4-8-2024 order, including amendment of Note, transmitted to OAL 6-18-2024 and filed 7-31-2024; amendments effective 7-31-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 31).