California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 1 - Board of State and Community Corrections
Chapter 1 - Board of State and Community Corrections
Subchapter 4 - Minimum Standards for Local Detention Facilities
Article 11 - Medical/Mental Health Services
Section 1209 - Mental Health Services and Transfer to Treatment Facility

Universal Citation: 15 CA Code of Regs 1209

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The health authority, in cooperation with the mental health director and facility administrator, shall establish policies and procedures to provide mental health services. These services shall include but not be limited to:

1. Identification and referral of incarcerated persons with mental health needs;

2. Mental health treatment programs provided by qualified staff, including the use of telehealth;

3. Crisis intervention services;

4. Basic mental health services provided to incarcerated persons as clinically indicated;

5. Medication support services;

6. The provision of health services sufficiently coordinated such that care is appropriately integrated, medical and mental health needs are met, and the impact of any of these conditions on each other is adequately addressed.

(b) Unless the county has elected to implement the provisions of Penal Code Section 1369.1, a mentally disordered incarcerated person who appears to be a danger to themself or others, or to be gravely disabled, shall be transferred for further evaluation to a designated Lanterman Petris Short treatment facility designated by the county and approved by the State Department of Health Care Services for diagnosis and treatment of such apparent mental disorder pursuant to Penal Code section 4011.6 or 4011.8 unless the jail contains a designated Lanterman Petris Short treatment facility. Prior to the transfer, the person may be evaluated by licensed health personnel to determine if treatment can be initiated at the correctional facility. Licensed health personnel may perform an onsite assessment to determine if the person meets the criteria for admission to an inpatient facility, or if treatment can be initiated in the correctional facility.

(c) If the county elects to implement the provisions of Penal Code Section 1369.1, the health authority, in cooperation with the facility administrator, shall establish policies and procedures for involuntary administration of medications. The procedures shall include, but not be limited to:

1. Designation of licensed personnel, including psychiatrist and nursing staff, authorized to order and administer involuntary medication;

2. Designation of an appropriate setting where the involuntary administration of medication will occur;

3. Designation of restraint procedures and devices that may be used to maintain the safety of the incarcerated person and facility staff;

4. Development of a written plan to monitor the incarcerated person's medical condition following the initial involuntary administration of a medication, until the person is cleared as a result of an evaluation by, or consultation with, a psychiatrist;

5. Development of a written plan to provide a minimum level of ongoing monitoring of the incarcerated person following return to facility housing. This monitoring may be performed by custody staff trained to recognize signs of possible medical problems and alert medical staff when indicated; and

6. Documentation of the administration of involuntary medication in the incarcerated person's medical record.

1. Editorial correction of Note filed 9-30-82 (Register 82, No. 40).
2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
3. Amendment filed 4-2-98; operative 4-2-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 14).
4. Amendment of section heading and section filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
5. Amendment of subsection (b) filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
6. Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
7. Amendment of subsections (a) and (b) filed 1-26-2017; operative 4-1-2017 (Register 2017, No. 4).
8. Amendment filed 11-17-2022; operative 1-1-2023 (Register 2022, No. 46).

Note: Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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