California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Subchapter 4 - General Institution Regulations
Article 5 - Incarcerated Person Discipline
Section 3317 - Mental Health Assessments for Disciplinary Proceedings

(a) A Mental Health Assessment is a means to incorporate clinical input into the disciplinary process when mental illness or developmental disability/cognitive or adaptive functioning deficits may have contributed to behavior resulting in a Rules Violation Report. Mental Health Assessments shall be considered by the hearing officer or senior hearing officer during disciplinary proceedings when determining whether an incarcerated person shall be disciplined and when determining the appropriate method of discipline.

(b) Incarcerated persons who are alleged to have committed a Rules Violation shall receive a Mental Health Assessment, via completion of CDCR Form 115-MH-A (Rev. 12/15), Rules Violation Report: Mental Health Assessment, which is incorporated by reference, for any of the following reasons:

(c) Mental Health Services shall be contacted immediately for any incarcerated person who is suspected of committing self-mutilation or attempted suicide. The emergency referral shall be documented via CDCR Form 128-MH5 (Rev. 05/14), Mental Health Referral Chrono, which is incorporated by reference, identifying the specific reason(s) for the referral. If Mental Health Services determines the behavior was an act of self-mutilation or attempted suicide or a clear determination could not be made, a Rules Violation Report, shall not be issued. The behavior shall be documented on a CDC Form 128B (Rev. 04/74), General Chrono, for inclusion in the incarcerated person's Central File.

(d) If the mental health clinician determines the incarcerated person's actions were an attempt to manipulate staff, and were not an act of self-mutilation or attempted suicide, RVR shall be issued pursuant to Section 3315, subsection (a)(3)(W).

(e) A CDCR Form 128-MH5 shall be completed for any incarcerated person who displayed behavior that was bizarre or unusual for any incarcerated person or uncharacteristic for the particular incarcerated person at the time of the offense.

(f) When a mental health assessment is required, the reviewing custody supervisor shall request an assessment by completing a CDCR Form 115-MH-A and delivering it to the institution's mental health program within two calendar days of the information leading to the charges being discovered by staff. The mental health program shall complete the assessment and return it to the reviewing supervisor within eight calendar days of receipt.

(g) The hearing officer or senior hearing officer shall consider mental health staff's assessment, as documented on the CDCR Form 115-MH-A, and any other relevant information, when determining whether the incarcerated person should be disciplined or the appropriate method of discipline when mental illness or developmental disability/cognitive or adaptive functioning deficits contributed to the incarcerated person's behavior. If an incarcerated person is found guilty of the charge, the hearing officer or senior hearing officer shall consider any dispositional recommendations provided by mental health staff as documented on CDCR Form 115-MH-A or any other relevant information regarding the relationship between the incarcerated person's mental illness and/or developmental disability/cognitive or adaptive functioning deficits, and their misconduct, when assessing penalties.