Cal. Code Regs. Tit. 9, § 4013 - Interview

(a) The Evaluator shall review the Individual's Disability and Effective Communication System (DECS) printout from CDCR and make necessary accommodations to conduct the interview. If the DECS is not available for review, the Evaluator shall assess the Individual's ability to communicate by other reasonable means including but, not limited to testing the Individual's ability to comprehend and retain verbal communication. The Evaluator shall document any accommodations requested or needed. Upon the Individual's request, services of a language interpreter shall be provided to the Individual. If the Individual does not request the services of a language interpreter, the Evaluator shall assess the need to utilize a language interpreter and an interpreter shall be provided to the Individual if the Evaluator determines one is needed.

(b) The Evaluator should make a reasonable attempt to conduct a face-to-face interview with the Individual. Face-to-face interviews, include interviews conducted via video telepsychiatry.

(c) The Evaluator shall discuss with the Individual the nature of the evaluation process and attempt to obtain informed consent, as provided in Section 4014, subdivision (b)(3), and inform the Individual that non-identifying data may be used for research by the Department of State Hospitals. Throughout the interview, the Evaluator shall maintain a position of neutrality with regard to the SVP law. The Evaluator shall not provide legal advice to the Individual regarding the Individual's decision to interview. If the Individual refuses to interview, the Evaluator shall document the refusal and inform the Individual that even without an interview, a SVP forensic report shall be written and submitted.

(1) The Evaluator shall make reasonable attempts to obtain informed consent. The Evaluator shall explain to the Individual the limits of confidentiality and the Evaluator's professional and legal obligation as a mandated reporter.

(2) At any point during the interview, the Evaluator shall not provide feedback to the Individual regarding the Evaluator's professional opinion about whether the Individual meets Criterion A, Criterion B, or Criterion C, or the Individual's diagnosis or risk level.

Notes

Cal. Code Regs. Tit. 9, § 4013

1. New section filed 1-15-2019; operative 4-1-2019 (Register 2019, No. 3).

Note: Authority cited: Sections 4005.1, 4027 and 4101, Welfare and Institutions Code. Reference: Sections 6600, 6601, 6603 and 6604.9, Welfare and Institutions Code.

1. New section filed 1-15-2019; operative 4/1/2019 (Register 2019, No. 3).