1. (a) Criteria for inclusion in the Developmental Disability Program (DDP) requires both low cognitive functioning (IQ of 75 or below) and concurrent adaptive functioning deficits.

   1. (1) On a case-by-case basis, incarcerated persons with an IQ above 75 may be included in the DDP if mental health staff determine their adaptive functioning is poor and their needs are not met through another program, e.g., Disability Placement Program (DPP), Enhanced Outpatient Program (EOP), etc. In making the determination, mental health staff shall take into consideration the incarcerated person's level of cognitive impairment, if any, and their ability to program effectively and safely in the correctional setting.

   2. (2) Cognitive or adaptive deficits entirely due to mental or physical illnesses requiring long-term hospital care are not criteria for inclusion in the DDP. Incarcerated persons with severe mental or physical illnesses may exhibit deficits in cognitive and adaptive abilities. Such incarcerated persons shall be excluded from the DDP if they meet the criteria in both 3369.7(a)(2)(A) and (B) below; however, if they are already included in the DDP, they shall remain in the DDP.

      1. (A) Their mental or physical illness is entirely responsible for these deficits, i.e., they would not need the adaptive supports of the DDP except for their illness.
      2. (B) Their illness is being treated in a medical setting, including but not limited to: EOP, Outpatient Housing Unit (OHU), Correctional Treatment Center (CTC), General Acute Care Hospital (GACH), Acute Care Hospital (ACH), Department of Mental Health (DMH), etc.

2. (b) Based on DDP screening results, mental health staff shall place incarcerated persons into one of the following designations:

   1. (1) Negative Current Finding (NCF) -- Incarcerated person has adequate cognitive functions, based on receipt of a passing score on a cognitive screening instrument; therefore does not require an adaptive functioning evaluation. An incarcerated person designated NCF is not included in the DDP.
   2. (2) Negative Disability Designation (NDD) -- Incarcerated person may have low cognitive functioning but was determined not to have adaptive support needs. An incarcerated person designated NDD is not included in the DDP, but had an adaptive functioning evaluation completed.
   3. (3) DD1 -- Incarcerated person can function successfully in a General Population (GP) setting in a designated DDP institution consistent with other case factors and usually does not require prompts to initiate activities of self-care and daily living. The incarcerated person may need supervision or guidance and assistance when under unusual stress or in new situations. The incarcerated person requires housing in a designated DDP building, unit, or wing.
   4. (4) DD2 -- Incarcerated person can function successfully in a GP setting in a designated DDP institution consistent with other case factors. The incarcerated person requires prompts to initiate self-care, daily living activities, or both, and may have victimization concerns, thereby requiring housing in a designated DDP building, unit, or wing.
   5. (5) DD3 -- Incarcerated person requires placement in a highly structured, specialized program in a designated DDP institution capable of meeting the incarcerated person's needs. The incarcerated person requires constant prompts and can likely not complete tasks without them. The incarcerated person may have victimization concerns, thereby requiring housing in a designated DDP building, unit, or wing.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Clark v California (2002) USDC-ND (No. C-96-1486-CRB).

History

1. New section filed 6-3-2025; operative 10-1-2025 (Register 2025, No. 23).