Attorney Training Overview Guidelines
Life Parole Consideration Hearings
Mentally Disordered Offender Hearings
Sexually Violent Predator Hearings
Mentally Disordered Offender (MDOs) Hearings:
All inmates are screened
to determine if they meet the criteria for placement in the MDO program.
If it is determined that they appear to meet the criteria listed in
Penal Code Section 2962, then a “Certification Hearing” is conducted
pursuant to Penal Code Section 2966(a) to determine if they should receive
treatment by the Department of Mental Health (DMH) as a special condition
of parole.
Once it is determined that
an inmate meets the criteria, then a “Placement Hearing” is conducted
pursuant to Penal Code Section 2964(b) to determine if the inmate should
be treated by DMH on an inpatient or outpatient basis.
An “Annual Hearing” is
conducted pursuant to Penal Code Section 2966(c) and 2964(c) to determine
if continued treatment is necessary.
The assignment of an
attorney for MDO related hearings is mandatory and the I/P is not allowed
to waive the assignment. Attorneys
assigned to represent MDO I/Ps must determine within seven days of
assignment whether or not the I/P needs independent psychological
evaluations. It is expected
that an assigned attorney will meet with the I/P well in advance of the
scheduled hearing and be prepared at the hearings.
In some instances, an attorney may be assigned to consult with an MDO I/P when the I/P has refused to sign a special condition of parole requiring DMH treatment. When this occurs, it is important that the assigned attorney receive instructions from the MDO unit at either the BPT or the institution regarding the attorney’s role in the process.