§ 1209. Mental Heath Services and Transfer to Treatment Facility.

(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. screening for mental health problems;

2. crisis intervention and management of acute psychiatric episodes;

3. stabilization and treatment of mental disorders; and,

4. medication support services.

(b) Unless the county has elected to implement the provisions of Penal Code Section 1369.1, a mentally disordered inmate who appears to be a danger to himself 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 Mental Health 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 treatment facility. Prior to the transfer, the inmate 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 inmate 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/or devices that may be used to maintain the safety of the inmate and facility staff;

4. Development of a written plan to monitor the inmate's medical condition following the initial involuntary administration of a medication, until the inmate 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 inmate 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 inmate's medical record.

HISTORY

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).

Note

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