Current through August 26, 2024
(1) A clinician,
crisis intervention worker or physician may continue a mental health placement
in observation for longer than 15 working days if there is a review of
continued mental health placement under this section.
(2) The inmate shall be given written notice
of the review prior to the 15th working day of his or her placement and no less
than 2 working days prior to the review. The notice shall include all of the
following:
(a) The allegation of the inmate's
mental illness and dangerousness to himself or herself or dangerousness to
others.
(b) The standards used to
determine mental illness and dangerousness to himself or herself or
dangerousness to others.
(c) The
evidence to be considered at the review.
(d) The sources of information relied upon
unless such disclosure would threaten the personal safety of the person
providing the information or institution security.
(e) An explanation of the possible
consequences of any decision regarding the inmate's mental health
placement.
(f) Notice of the
inmate's rights at the review. The notice shall include all of the following:
1. The right to be present at the
review.
2. The right to deny any
allegation which relates to the inmate's observation status.
3. The right to a staff representative in
accordance with s.
DOC 303.83.
4.
The right to present or have the advocate present information obtained from
witnesses.
5. The right to present
documentary evidence.
6. The right
to question witnesses.
7. The right
to receive a written decision, stating the reasons for the decision based upon
the evidence.
8. The right to appeal
the review of dangerousness to self decision.
(g) The date, time and place of the review
and an order that the inmate appear at the review.
(3) The review shall take place not sooner
than 2 working days and not later than 5 working days after service of notice
to the inmate. The inmate may waive this review or the time limits under this
subsection. The waiver shall be in writing.
(4) At the review, the clinician, physician
or crisis intervention worker shall do all of the following:
(a) Read aloud the allegations of the
inmate's dangerousness and mental illness or dangerousness to himself or
herself.
(b) Provide all witnesses
present, including the inmate and the staff member who recommended the
placement into observation, a chance to speak.
(c) Require any relevant medical and
psychological evidence to be offered.
(d) Allow questioning of the witnesses.
Questioning may be direct or the inmate may submit questions to be asked of the
witnesses.
(e) Prohibit repetitive,
disrespectful or irrelevant questions.
(f) Determine whether a witness shall be
called.
(g) Determine whether the
identities of sources of information relied upon or any statements or evidence
should be included in the written record because personal safety or institution
security is implicated.
(h) Record
the fact of the omission of the identities of sources of information in the
record.
(5) After the
review, the clinician, crisis intervention worker or physician, shall
deliberate in private on all of the following:
(a) The evidence presented and the inmate's
records.
(b) Whether the standard
for dangerousness has been met.
(c)
Whether the standard for mental illness has been met.
(6) After deliberation, the clinician, crisis
intervention worker, or physician shall decide all of the following:
(a) Whether the inmate is mentally ill and
dangerous or whether the inmate is dangerous to himself or herself.
(b) Whether the inmate is to continue in
observation.
(7) The
clinician, crisis intervention worker or physician shall give reasons for the
decision to the inmate in writing within 2 working days after the
review.
(8) There shall be a
clinical review of an inmate in observation at least once every 15 working days
and the procedures for review shall be followed.
