Report 2010-116 Recommendation 6 Responses

Report 2010-116: Sex Offender Commitment Program: Streamlining the Process for Identifying Potential Sexually Violent Predators Would Reduce Unnecessary or Duplicative Work (Release Date: July 2011)

Recommendation #6 To: State Hospitals, Department of

To reduce costs for unnecessary evaluations, Mental Health should either issue a regulation or seek a statutory amendment to clarify that when resolving a difference of opinion between the two initial evaluators of an offender, Mental Health must seek the opinion of a fourth evaluator only when a third evaluator concludes that the offender meets SVP criteria.

Annual Follow-Up Agency Response From September 2015

Previously reported on 10/2/2014 that this will not be implemented.

California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement


Annual Follow-Up Agency Response From October 2014

DSH will not seek regulations or a statutory amendment clarifying that when resolving a difference of opinion between two initial evaluations a fourth evaluation will be conducted only when the third is positive. Based on significant reduction in CDCR referrals and the scarcity of cost savings DSH will obtain two independent evaluations to resolve cases where there is a difference of opinion.

California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement


Annual Follow-Up Agency Response From November 2013

As previously reported, DSH has begun the approval process for a proposed regulation to seek the opinion of a fourth evaluator only when the third evaluator concludes the offender meets SVP criteria. It is anticipated the proposed regulation will be submitted to the Office of Administrative Law (OAL) by the end of December 2013.

  • Estimated Completion Date: December 2014

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented


Annual Follow-Up Agency Response From November 2012

The Department of State Hospitals (DSH) has begun the approval process for a proposed regulation which will be sent to the Office of Administrative Law to seek the opinion of a fourth evaluator only when a third evaluator concludes that the offender meets SVP criteria.

  • Estimated Completion Date: Unknown

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented


All Recommendations in 2010-116

Agency responses received after June 2013 are posted verbatim.


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