Cal. Code Regs. tit. 17 § 51102

Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 51102 - Documents to be Reviewed by the Safe-to-Serve Committee
(a) Within 15 days from the date of receipt of the following information from the regional center, the Safe-to-Serve Committee shall meet to assess a person committed to a developmental center pursuant to Welfare and Institutions Code section 6506 or 6509 or Penal Code section 1370.1. The assessment shall be based upon the admission package of information generated by the regional center regarding the person. Along with the assessment of the person's needs for services and supports conducted pursuant to Welfare and Institutions Code section 4418.7, the information provided by the regional center shall include the following, to the extent that the regional center has it within its possession:
(1) the most recent psychological assessment and functional assessment of behavior;
(2) the person's regional center file, including his or her placement history and living arrangements;
(3) assessments or any other report used by the court to make its findings of incompetent to stand trial, or danger to self or others;
(4) police reports and information regarding prior law enforcement arrests or contacts;
(5) prior convictions and prison or jail time served;
(6) IQ testing;
(7) most recent individual program plans, including any treatment or diagnosis for mental health issues;
(8) prior commitments and treatment at psychiatric facilities, including facilities under the jurisdiction of the Department of State Hospitals;
(9) malingering evaluations; and
(10) any additional documents requested by the developmental center.
(b) If the Safe-to-Serve Committee decides that the records provided pursuant to subdivision (a) are insufficient for it to make a safe-to-serve determination, then the Committee shall, within 7 days of making that decision, request that additional documentation or information be provided within 14 days of the request by the regional center, county jail, court, district attorney, or defense attorney. Subject to any claim of privilege, the Committee may request a court order directing a particular entity to disclose records to the developmental center.
(c) A request made to the court pursuant to subdivision (b) shall include a letter to the court indicating:
(1) what documents the Committee has received;
(2) what documents have not been provided;
(3) what documents the Committee further requests;
(4) why the documents the Committee possesses are insufficient for a safe-to-serve determination; and
(5) an estimated timeframe for the Committee's determination to be provided to the court once the requested documents are received.

Cal. Code Regs. Tit. 17, § 51102

1. New section filed 5-23-2018; operative 7-1-2018 (Register 2018, No. 21).

Note: Authority cited: Sections 4441 and 4449, Welfare and Institutions Code. Reference: Section 1370.1, Penal Code; and Sections 4418.7, 6500, 6506, 6509, 6510.5 and 7505, Welfare and Institutions Code.

1. New section filed 5-23-2018; operative 7/1/2018 (Register 2018, No. 21).