Who decides whether I’m a MDO? When does this happen?

There are several steps to the MDO determination process:

First, while you are in prison, CDCR mental health staff and a DSH psychologist or psychiatrist must screen you for classification as a MDO.[592]If both agree that you qualify as a MDO, the CDCR should send certification papers to the Board of Parole Hearings (BPH) stating that you have been found to be a MDO.[593] The BPH must notify you that you’ll have to undergo DSH inpatient treatment as a parole condition.[594] The BPH must also notify you of your right to challenge the MDO finding.[595]

  1. 592

    Cal. Penal Code § 2962(d)(1). ↑

  2. 593

    Cal. Penal Code § 2962(d)(1). ↑

  3. 594

    15 Cal. Code Regs. § 2573(c). ↑

  4. 595

    Cal. Penal Code §§ 2966 and 2978; 15 Cal. Code Regs. §§ 2573-2574. ↑