1. (a) When mental health evaluation is required by law or ordered by a court.
2. (b) When an incarcerated person is placed in a mental health program for diagnostic study by the action of a classification committee, which acted upon documented information or observations that gave reasonable cause to believe the incarcerated person was suffering from a mental illness which poses a danger to self or others, or is gravely disabled. A physician or other licensed practitioner may act in an emergency situation to place an incarcerated person in psychiatric segregation under observation and treatment for a period of up to five working days pending classification action, providing the reasons for this action are documented.
3. (c) When diagnostic study has led to a diagnosis of existing or recurrent mental illness which renders the incarcerated person dangerous to self or others, or gravely disabled.
4. (d) If there is a special condition of parole requiring attendance at a parole outpatient clinic, interviews may be imposed upon the supervised person. However, no medication will be administered by these clinics without the specific informed consent of the patient.

Incarcerated/supervised persons shall be informed any time they are the object of particular mental health diagnosis or treatment procedure. Such persons shall have the right to refuse assignment to such a program of diagnosis or treatment without being subject to discipline or other deprivation, except as indicated in the following:

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.

History

1. Amendment of first paragraph and subsections (b) and (c) filed 1-3-95 as an emergency; operative 1-3-95 (Register 95, No. 1). A Certificate of Compliance must be transmitted to OAL 6-12-95 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 1-3-95 order transmitted to OAL 6-12-95 and filed 7-25-95 (Register 95, No. 30).

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).