Cal. Code Regs. Tit. 9, § 4014 Forensic Report

• Library: California Code of Regulations
• Edition: 2023
• Currency: Current through Register 2023 Notice Reg. No. 52, December 29, 2023
• Citation: Cal. Code Regs. Tit. 9, § 4014
• Year: 2023

The Evaluator shall write a forensic report, which shall include the following sections.

(a) The Identifying Information section shall include: identifying data including the Individual's name, date of birth, CDCR number, California Information and Index (CII) number; the facility where the Individual is located; county of commitment; interview date; the date report was completed; earliest possible release date (EPRD); findings for Criterion A, Criterion B, and Criterion C; final outcome; and Evaluator name.

(b) The Notice of Evaluation section shall note the date the Individual was interviewed, the location of the interview, and the duration of the interview.

(1) This section shall indicate how the Evaluator used DECS, or other means if the DECS was not available, to determine whether effective communication was made, and whether any modifications or accommodations were needed and utilized for the face-to-face interview.

(2) This section shall include whether the Individual agreed to interview.

(3) This section shall indicate whether the Evaluator obtained informed consent from the Individual. The content of the informed consent procedure shall include a description of the purpose of the evaluation, the potential consequences of the evaluation outcomes, the reporting mandates of licensed psychologists or psychiatrists, and the potential use of non-identifying information from the submitted evaluations for program quality improvement projects. The reporting mandate includes, but is not limited to, any form of child abuse, neglect, or exploitation as required by the Child Abuse and Neglect Reporting Act, Penal Code sections California Penal Codeundefined11164- California Penal Codeundefined11174.3 and the Elder Abuse and Dependent Adult Civil Protection Act, Penal Code sections California Penal Codeundefined15600 et seq.

(c) The Sources of Information section shall cite documents relied upon in the evaluation with document titles and dates, and origin of information.

(d) The Evaluation Procedures section shall include record review, clinical interview, mental status examination, and risk instruments utilized or risk factors considered.

(e) The Findings section shall have subsections each for Criterion A, Criterion B, and Criterion C.

(1) The Criterion A subsection shall provide an analysis and a conclusion as to whether the Individual has been convicted of a sexually violent criminal offense against one or more victims as enumerated in Welfare and Institutions Code section California Welfare and Institutions Codeundefined6600 (A) This subsection shall list the qualifying offenses or convictions and cite the source of the information 1. A prior juvenile adjudication of a sexually violent offense may constitute a prior qualifying conviction if a. the juvenile was sixteen years of age or older at the time of the act; b. the prior offense is a sexually violent offense specified in Welfare and Institutions Code section California Welfare and Institutions Codeundefined6600 subdivision (b); c. the juvenile was adjudged a ward of the juvenile court within the meaning of Welfare and Institutions Code section California Welfare and Institutions Codeundefined6602 and d. for the violent offense, the juvenile was committed to the Division of Juvenile Justice, a CDCR division previously known as the California Youth Authority (CYA). 2. A conviction that resulted in a finding that the person was a mentally disordered sex offender constitutes a prior qualifying conviction. (B) For all qualifying offenses or convictions under one of the Penal Code sections listed in Welfare and Institutions Code section California Welfare and Institutions Codeundefined6600, subdivision (b), and for each qualifying victim, the Evaluator shall describe facts of the qualifying offenses or convictions and indicate the following sexually violent elements: force, violence, duress, menace, fear of immediate and unlawful bodily injury on the victim or another individual, or threat to retaliate in the future against the victim or any other person. If facts of the qualifying offense or conviction are not available, the Evaluator shall make a reasonable attempt to obtain relevant information. Without other relevant facts, as to the qualifying offense or conviction, the Evaluator may rely solely on the Individual's recollection. The Evaluator shall discuss the validity and any limitation of the information relied upon and offered. 1. Force means to compel a person by physical means to overcome the will of that person. In determining whether force is...