The State Authorized Risk Assessment Tool for Sex Offenders (SARATSO) shall be administered by the Department of Corrections and Rehabilitation to assess every eligible person who is incarcerated in state prison and every eligible person who is on parole if the person was not assessed prior to release from state prison). The Department of Mental Health shall administer the SARATSO to assess every eligible person who is committed to that department.
(a)(1) If a defendant is found mentally incompetent, the trial judgment shall be suspended until the defendant becomes mentally competent. The court clerk shall notify the Department of Justice of any finding of mental incompetence to be included in the defendant's state summary criminal history information, if it is pertaining to a defendant required to register as a sex offender.
If during a pending misdemeanor action the judge determines there is reason to believe that the defendant is mentally disordered and may be incompetent to stand, the judge must state this and the reasons for the belief in the record. The judge shall ask the defendant's attorney if she believes the defendant is mentally disordered. If the attorney believes the defendant may be mentally disordered, the court shall refer the defendant for evaluation and treatment. The court may order the facility providing treatment and evaluation to provide the court with the defendant's discharge summary.
In a trial to determine the mental competence of a defendant, the court must appoint a psychiatrist or licensed psychologist to examine the defendant. If the defendant is not seeking a finding of mental incompetence, the court shall appoint two psychiatrists or psychologists. The examiners shall evaluate the nature of the defendant's mental disorder, the defendant's ability to understand the nature of the criminal proceedings, and whether antipsychotic medication is medically appropriate to restore the defendant to mental competence.
Defendants accused of misdemeanors or nonviolent felonies found incompetent or not guilty by reason of insanity may be placed on outpatient status if the defendant is deemed no longer a threat to himself or society. The community program director shall evaluate the defendant and submit a report of such and a treatment plan to the court.
Defendants accused of enumerated serious crimes and found incompetent or not guilty by reason of insanity may be placed on outpatient status if the defendant is deemed no longer a threat to himself or society. The community program director shall evaluate the defendant and submit a report and a treatment plan to the court.
Within 180 days of termination of parole or release from prison, if the prisoner's severe mental disorder is not in remission or cannot be kept in remission without treatment, the medical director of the state hospital treating the parolee or the community program director or the Director of Corrections shall submit a written evaluation on remission to the district attorney which may, upon the request of the district attorney, be accompanied by supporting affidavits. This information can then be used to file a petition with the superior court for continued involuntary treatment for one year.
Prison officials may cause prisoners to be taken to a facility for 72 hour treatment and evaluation if a prisoner appears to be mentally disordered and shall submit a confidential report of the reasons for the transfer. At the end of each period of confinement, the facility shall transmit a confidential report of the prisoner's condition.
The Department of Correction shall require that all employees receive mandatory annual and pre-employment examination and testing for tuberculosis. Employees testing positive on the skin test shall receive a follow-up examination to set out a treatment plan. The department shall maintain on file physician-signed certifications of employees that they have tested negative.
