To eliminate duplicative effort and increase efficiency, Corrections should not make unnecessary referrals to Mental Health. Corrections and Mental Health should jointly revise the structured screening instrument so that the referral process adheres more closely to the law's intent.
With the Department of Corrections and Rehabilitation (CDCR), the Department of State Hospitals(DSH), formerly the Department of Mental Health has revised the screening instrument so that the referral process adheres more closely to the law. The process and revisions to the screening instrument will be incorporated into the CDCR/DSH MOU.
The revisions that State Hospitals refers to include entering a memorandum of understanding with Corrections whereby Corrections delegated authority to State Hospitals to conduct a clinical review and State Hospitals agreed to conduct these reviews. Therefore, we consider this recommendation resolved.
Previously reported on 10/2/14 that this will not be implemented
We believe that through the Memorandum of Understanding (MOU) in which CDCR delegated authority to DSH to conduct a part two screening process we are in compliance with the law's intent. I am enclosing the MOU and the Screening Instrument as requested.
As previously reported, the Department of State Hospitals (DSH) has provided the California Department of Corrections (CDCR) with access to the DSH data support system which allows CDCR to directly review referred cases in order to identify the status of cases and eliminates requests by CDCR to DSH on case status. Additionally CDCR, the Board of Parole Hearings (BPH) and DSH have entered into a Memorandum of Understanding (MOU) to articulate and memorialize the intention and action of CDCR and BPH to collaborate with DSH in the performance of sexually violent predator (SVP) screening functions described in Welfare and Institutions code Section 6601 (b). DSH, BPH and CDCR are currently reviewing the screening process to update this MOU and recognize further efficiencies in this process.
The Department of State Hospitals (DSH) and the California Department of Corrections and Rehabilitation (CDCR) have realized referral efficiencies since the implementation of Assembly Bill 109 (Committee on Budget, Chapter 15, Statutes of 2011) – Criminal Justice Alignment on October 1, 2011, which allows for parole and probation violators to remain under the jurisdiction of the counties unless convicted of a new crime. DSH has provided CDCR with access to the DSH data support system which allows CDCR to directly review referred cases in order to identify the status of cases and eliminates requests by CDCR to DSH on case status. Both departments agree that non-predatory sex offenses can form the basis of a court's determination that an individual is a sexually violent predator and that CDCR must not screen out offenders on this basis.
Agency responses received after June 2013 are posted verbatim.