Cal. Code Regs. Tit. 9, § 4714 - Security Risk Assessment of Individuals Found Incompetent to Stand Trial

(a) To determine the appropriate facility for admission, the Department of State Hospitals shall assess the security risk of each individual judicially committed to the Department as Incompetent to Stand Trial.

(b) To determine the security risk of an individual, the Department shall consider the following:

(1) The individual's risk of escape, based on the individual's history of escape or attempted escape from any locked facility;

(2) Any new or additional information about the individual, including but not limited to a change in commitment status, divorce by spouse, death of a family member of the individual, or birth of the individual's child, received by the Department within 30 days prior to completion of the security risk assessment;

(3) The individual's age;

(4) Any diagnosis of the individual, based on the Diagnostic and Statistical Manual of Mental Disorders, 5th edition (2013), hereby incorporated by reference, of an antisocial, borderline, or narcissistic personality disorder;

(5) The number of the individual's prior felony convictions;

(6) The individual's pending criminal charges and the maximum exposure the individual is facing for each pending charge, at the time of assessment; and

(7) The individual's current medical condition.

(c) Upon the Department's security risk assessment, the Department shall determine whether the individual is a low or moderate security risk or a high security risk.

Notes

Cal. Code Regs. Tit. 9, § 4714

1. New section filed 11-22-2017; operative 11-22-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 47). For prior history, see Register 2017, No. 42.

Note: Authority cited: Sections 4005.1 and 4027, Welfare and Institutions Code. Reference: Sections 7228 and 7230, Welfare and Institutions Code.

1. New section filed 11-22-2017; operative 11/22/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 47). For prior history, see Register 2017, No. 42.