Cal. Code Regs. Tit. 9, § 4717 - Psychiatric Acuity Review of Individuals Found Incompetent to Stand Trial

(a) An individual shall be admitted to a state hospital notwithstanding the date the court committed the individual to the Department if the Department determines that the individual is psychiatrically acute.

(b) The Department's medical director or designee has the final authority to determine whether the individual exhibits psychiatric acuity which may indicate the need for admission to a state hospital notwithstanding the date the court committed the individual to the Department.

(c) To request a psychiatric acuity review of an individual, the committing county's clinician who is responsible for the individual's clinical assessment or its designee shall contact the Department's medical director or designee about the individual's psychiatric acuity and the psychiatric acuity needs of the individual.

(d) The committing county or its clinician or designee shall provide the Department's medical director or designee medical information and documentation supporting psychiatric acuity. Such documentation may include but is not limited to:

(1) Any notes on use of safety cell;

(2) Current medication and dosage or lack of medication;

(3) Medical laboratory results; or

(4) Any additional treatment records from local health care providers.

(e) Within three business days after the committing county's clinician or designee contacts the Department's medical director or designee and after receipt of sufficient documentation, the Department's medical director or designee shall determine whether the individual's psychiatric acuity may indicate the need for admission to a state hospital notwithstanding the date the court committed the individual to the Department. The determination of the Department's medical director or designee shall be based only on medical documentation provided by the committing county pursuant to subsection (d) and, if warranted, discussions with the county's clinician or designee.

Notes

Cal. Code Regs. Tit. 9, § 4717

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, 4027 and 7225, Welfare and Institutions Code. Reference: Sections 1370 and 1370.01, Penal Code; and 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.