(a) For
each county participating in the Senate Bill (SB) 618 Program, as defined in
section
3000, and pursuant to California
Department of Corrections and Rehabilitation (CDCR) and Division of
Correctional Health Care Services medical, dental, and mental health court or
Receiver ordered requirements, regulations, policies and procedures, the
following assessments may be performed at an appropriate county facility for
each SB 618 Participant, as defined in section
3000:
(1) Medical assessments. As permitted by the
Medical Care Receiver, all applicable medical tests and assessments, including
tuberculosis and other tests as necessary relating to communicable diseases and
other medical conditions, may be performed by one or more of the following:
(A) CDCR medical staff.
(B) County medical staff.
(C) County contract medical
staff.
(2) Dental
screening, as permitted by the court, may be performed by one or more of the
following:
(A) CDCR dental staff.
(B) County dental staff.
(C) County contract dental
staff.
(3) Dental
training. The CDCR Dental Quality Management Assessment Team staff or designee
shall schedule and provide any necessary training for county dental staff or
county contract dental staff on-site at the appropriate county correctional
facility. Any necessary materials or supplies, as needed, shall also be
provided to county dental staff or county contract dental staff.
(4) Mental health evaluations, as permitted
by the court, may be performed by one or more of the following:
(A) CDCR mental health staff.
(B) County mental health staff.
(C) County contract mental health
staff.
(b)
After the arrival of the SB 618 Participant at the appropriate CDCR
institution's reception center, CDCR medical staff shall:
(1) Complete as necessary, the medical
history and physical exam.
(2)
Complete all required medical, dental, and mental health assessments within
mandatory time frames.
Notes
Cal. Code
Regs. Tit. 15, §
3077.2
1. New
section filed 2-5-2009 as an emergency; operative 2-5-2009 (Register 2009, No.
6). This filing contains a certification that the operational needs of the
Department required filing of these regulations on an emergency basis and were
deemed an emergency pursuant to Penal Code section
5058.3. A
Certificate of Compliance must be transmitted to OAL by 7-15-2009 or emergency
language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 2-5-2009 order, including
amendment of NOTE, transmitted to OAL 6-25-2009 and filed 7-28-2009 (Register
2009, No. 31).
Note: Authority cited: Section
5058, Penal
Code. Reference: Sections
667.5(c),
1203.8 and
5054, Penal
Code; Title 15, CCR, Section
3350(b)(1); Title
15, CCR, Article 8, Medical and Dental Services; Title 15, CCR, Article 9,
Mental Health Services; Coleman v. Schwarzenegger (No. S 90-0520 LKK JFM P)
U.S. District Court, Eastern District of California; Plata v. Schwarzenegger
(No. C01-1351 TEH), U.S. District Court, Northern District of California; and
Settlement Agreement, Perez v. Tilton, et al., Case No. C05-5241 JSW, U.S.
District Court, Northern District of California.
1. New section filed
2-5-2009 as an emergency; operative 2-5-2009 (Register 2009, No. 6). This
filing contains a certification that the operational needs of the Department
required filing of these regulations on an emergency basis and were deemed an
emergency pursuant to Penal Code section
5058.3. A
Certificate of Compliance must be transmitted to OAL by 7-15-2009 or emergency
language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-5-2009 order, including amendment of Note,
transmitted to OAL 6-25-2009 and filed 7-28-2009 (Register 2009, No.
31).
