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 9 - Mental Health Services
Section 3363 - Right to Refuse Treatment

Universal Citation: 15 CA Code of Regs 3363

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

Incarcerated/supervised persons shall be informed any time they are the object of particular mental health diagnosis or treatment procedure. Such persons shall have the right to refuse assignment to such a program of diagnosis or treatment without being subject to discipline or other deprivation, except as indicated in the following:

(a) When mental health evaluation is required by law or ordered by a court.

(b) When an incarcerated person is placed in a mental health program for diagnostic study by the action of a classification committee, which acted upon documented information or observations that gave reasonable cause to believe the incarcerated person was suffering from a mental illness which poses a danger to self or others, or is gravely disabled. A physician or other licensed practitioner may act in an emergency situation to place an incarcerated person in psychiatric segregation under observation and treatment for a period of up to five working days pending classification action, providing the reasons for this action are documented.

(c) When diagnostic study has led to a diagnosis of existing or recurrent mental illness which renders the incarcerated person dangerous to self or others, or gravely disabled.

(d) If there is a special condition of parole requiring attendance at a parole outpatient clinic, interviews may be imposed upon the supervised person. However, no medication will be administered by these clinics without the specific informed consent of the patient.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.

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