Report 2010-116 Recommendation 2 Responses

Report 2010-116: Sex Offender Commitment Program: Streamlining the Process for Identifying Potential Sexually Violent Predators Would Reduce Unnecessary or Duplicative Work (Release Date: July 2011)

Recommendation #2 To: State Hospitals, Department of

To eliminate duplicative effort and increase efficiency, Corrections should not make unnecessary referrals to Mental Health. Corrections and Mental Health should jointly revise the structured screening instrument so that the referral process adheres more closely to the law's intent.

Annual Follow-Up Agency Response From October 2016

With the Department of Corrections and Rehabilitation (CDCR), the Department of State Hospitals(DSH), formerly the Department of Mental Health has revised the screening instrument so that the referral process adheres more closely to the law. The process and revisions to the screening instrument will be incorporated into the CDCR/DSH MOU.

California State Auditor's Assessment of Annual Follow-Up Status: Resolved

The revisions that State Hospitals refers to include entering a memorandum of understanding with Corrections whereby Corrections delegated authority to State Hospitals to conduct a clinical review and State Hospitals agreed to conduct these reviews. Therefore, we consider this recommendation resolved.

Annual Follow-Up Agency Response From September 2015

Previously reported on 10/2/14 that this will not be implemented

California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement

Annual Follow-Up Agency Response From October 2014

We believe that through the Memorandum of Understanding (MOU) in which CDCR delegated authority to DSH to conduct a part two screening process we are in compliance with the law's intent. I am enclosing the MOU and the Screening Instrument as requested.

California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement

Annual Follow-Up Agency Response From November 2013

As previously reported, the Department of State Hospitals (DSH) has provided the California Department of Corrections (CDCR) with access to the DSH data support system which allows CDCR to directly review referred cases in order to identify the status of cases and eliminates requests by CDCR to DSH on case status. Additionally CDCR, the Board of Parole Hearings (BPH) and DSH have entered into a Memorandum of Understanding (MOU) to articulate and memorialize the intention and action of CDCR and BPH to collaborate with DSH in the performance of sexually violent predator (SVP) screening functions described in Welfare and Institutions code Section 6601 (b). DSH, BPH and CDCR are currently reviewing the screening process to update this MOU and recognize further efficiencies in this process.

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented

Annual Follow-Up Agency Response From October 2012

The Department of State Hospitals (DSH) and the California Department of Corrections and Rehabilitation (CDCR) have realized referral efficiencies since the implementation of Assembly Bill 109 (Committee on Budget, Chapter 15, Statutes of 2011) – Criminal Justice Alignment on October 1, 2011, which allows for parole and probation violators to remain under the jurisdiction of the counties unless convicted of a new crime. DSH has provided CDCR with access to the DSH data support system which allows CDCR to directly review referred cases in order to identify the status of cases and eliminates requests by CDCR to DSH on case status. Both departments agree that non-predatory sex offenses can form the basis of a court's determination that an individual is a sexually violent predator and that CDCR must not screen out offenders on this basis.

California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement

All Recommendations in 2010-116

Agency responses received after June 2013 are posted verbatim.