Welfare and Institutions Code § 4360.5

4360.5.

(a) The State Department of State Hospitals shall establish a statewide panel of independent evaluators responsible for Forensic Conditional Release Program placement determinations for patients committed to the department and transitioning to community treatment settings for services pursuant to Section 4360.

(b) The purpose of the statewide independent placement panel is to identify state hospital patients who are ready for discharge to the Forensic Conditional Release Program pursuant to Section 4360, to promote successful community reintegration. The panel may consist of both contracted and civil service licensed psychologists and licensed social workers designated by the department. A licensed psychologist or licensed social worker panel member shall evaluate the state hospital patient to determine if the patient is suitable for community outpatient treatment and to determine whether an appropriate placement is available for the patient in the community-based treatment system based upon guidelines provided by the department, including the use of evidence-based risk assessment tools for all community release determinations. The panel member shall provide the court that has jurisdiction over the patient’s placement with a written placement recommendation on behalf of the statewide independent placement panel.

(c) (1) The statewide independent placement panel or designee shall be used to provide placement recommendations and conduct case reviews for patients committed to the State Department of State Hospitals on appropriateness for the Forensic Conditional Release Program.

(2) The department may designate the community program director, in lieu of the statewide independent placement panel, to perform case reviews and placement recommendations. The department shall notify the court of the designation.

(d) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section by means of a departmental letter or other similar instruction, as necessary.

(e) Contracts awarded pursuant to this statute are exempt from the requirements contained in the Public Contract Code and the State Administrative Manual and are not subject to approval by the Department of General Services.