I have been found to be a MDO. Can I ask to be treated as an outpatient?

It might be possible. The normal rule is that if you are a MDO on parole, you must be placed in inpatient treatment (confined to a state hospital where you will live and receive mental health treatment) — unless the Department of State Hospitals (DSH) finds that you can be treated safely as an outpatient.[599]

After 60 days in DSH custody, you can request a hearing before a BPH commissioner to ask for outpatient status as a MDO (this means you would live in the community but go to a mental health hospital for treatment).[600] At the hearing, the DSH must show by “a preponderance of the evidence” (that it is more likely than not) that you require inpatient treatment.[601] Once you request this hearing, you have the right to a free appointed attorney (called a “panel attorney”)[602] and the appointment of two independent evaluators. If you disagree with the BPH commissioner’s decision, you may appeal it in county superior court (see below for more information).[603]

  1. 599

    Cal. Penal Code § § 2964. ↑

  2. 600

    Cal. Penal Code § § 2964(b). ↑

  3. 601

    Cal. Penal Code § § 2964; 15 Cal. Code Regs. § 2578. ↑

  4. 602

    For more information on Panel Attorneys, see CDCR Panel Attorney Program Guide, http://www.cdcr.ca.gov/BOPH/docs/Attorney_Orientation/Panel_Attorney_Program_Guide.pdf. ↑

  5. 603

    Cal. Penal Code § 2964(a) and (b); 15 Cal. Code Regs. §§ 2576, 2578. Your email must be made within sixty days of the BPH’s determination that your are an MDO. ↑