Report 2014-125 Recommendation 3 Responses

Report 2014-125: California Department of State Hospitals: It Could Increase the Consistency of Its Evaluations of Sex Offenders by Improving Its Assessment Protocol and Training (Release Date: March 2015)

Recommendation #3 To: State Hospitals, Department of

To promote consistency and ensure that it provides sufficient guidance to evaluators, State Hospitals should update its assessment protocol by March 2016 to include more specific instructions on how to conduct evaluations, such as what assessment instruments evaluators may use and what documents they should consider. State Hospitals should also develop a timeline for periodically reviewing and making any necessary updates to the assessment protocol.

Annual Follow-Up Agency Response From March 2019

DSH has been working with the California Office of Administrative Law (OAL) since March of 2016 to promulgate rules to provide a standardized assessment protocol for evaluators conducting forensic evaluations on individuals referred to the DSH as potentially sexually violent predators. The OAL approved the rulemaking for Sexually Violent Predator Standardized Assessment Protocol. The rulemaking file was endorsed and approved with the Secretary of State on January 15, 2019. This regulatory action becomes effective April 1, 2019. DSH will solely rely on the regulations and not utilize an assessment protocol tool.

DSH has issued Information Letter:19-002 on March 5, 2019 to all Forensic Services Division Civil Service Evaluators to inform Sexually Violent Predator Evaluators and Consulting Psychologists of the new regulations promulgated in Title 9, Sections 4011, 4012, 4013, 4014, 4014.1, and 4015, of the California Code of Regulations to be effective April 1, 2019. Therefore, this recommendation is fully implemented.

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


Annual Follow-Up Agency Response From October 2018

DSH continues to be in the regulation process.

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


Annual Follow-Up Agency Response From March 2018

The DSH continues to be in the regulation process.

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


Annual Follow-Up Agency Response From November 2017

DSH is finalizing the regulatory approval process. The regulation package to standardize assessment protocol will include more specific instruction on how to conduct evaluations and is expected to proceed through the regulatory process throughout 2018.

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

Completion of this recommendation is pending completion of the regulatory process.


Annual Follow-Up Agency Response From October 2016

DSH is in the process of developing proposed regulations for a Standardized Assessment Protocol. DSH anticipates it will begin the regulatory approval process in December 2017.

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


1-Year Agency Response

In March 2016, DSH initiated the regulatory process. This was used to develop the Standardized Assessment Protocol to be codified into a regulation. The assessment protocol has been updated to include more specific instruction for conducting evaluations.

California State Auditor's Assessment of 1-Year Status: Pending

Completion of this recommendation is pending completion of the regulatory process.


6-Month Agency Response

DSH plans that by March 31, 2016 the regulatory process will be initiated to update the standardized assessment protocol to include more specific instruction on how to conduct evaluations. DSH will develop a timeline for annual review of the protocol to make updates as necessary.

California State Auditor's Assessment of 6-Month Status: Pending


60-Day Agency Response

DSH appreciates the CA State Auditors comments and has

revised the implementation timeframe for this recommendation. DSH will update the standardized assessment protocol by August 31, 2015 and initiate the regulatory process in September of 2015. DSH will review the protocol annually to make updates as necessary.

California State Auditor's Assessment of 60-Day Status: Pending


All Recommendations in 2014-125

Agency responses received are posted verbatim.