I think I’ve been wrongly classified as a MDO. What can I do?
You can challenge the CDCR’s finding that you are a MDO, which means requesting a hearing before the BPH. If you challenge the finding, the BPH must do the following:
- Have you evaluated by two independent mental health professionals, AND
- Hold a hearing before a BPH commissioner.
At the hearing, the state will be required to prove “by a preponderance of evidence” (that it’s more likely than not) that you’re a MDO — specifically, that (1) you’ve been diagnosed with a serious mental illness that causes you to pose a substantial danger of physical harm to others, AND (2) you were sentenced to prison for a violent offense.[596] If you want a lawyer at the hearing, the state must provide one for free.[597]
What is the Department of State Hospitals (DSH)?
The DSH was created in 2012 to take over the functions of the now-defunct Department of Mental Health (DMH). DSH oversees inpatient mental health treatment facilities in California.
What if, at this hearing, the BPH commissioner decides to agree with the CDCR’s finding that you are a MDO? You can challenge that decision by filing a petition in the local county superior court to demand a jury trial. If you request a trial, the BPH must provide you with (1) a petition form and (2) instructions for filing the petition. At trial, the state must prove “beyond a reasonable doubt” that you met the criteria of being classified as a MDO.[598] If you want a lawyer at trial, the state must provide one for free.