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Research ArticleRegular Articles

Disciplinary Responsibility in Prison

Joseph H. Obegi
Journal of the American Academy of Psychiatry and the Law Online September 2021, 49 (3) 316-322; DOI: https://doi.org/10.29158/JAAPL.200103-20
Joseph H. Obegi
Dr. Obegi is a Senior Psychologist at the California Medical Facility, California Department of Corrections and Rehabilitation, Vacaville, CA.
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    Table 1

    California's Questions Regarding Disciplinary Responsibility

    YearAssessment Question
    1998Based on information from the inmate's health care record and brief contact with him or her, it does/does not (circle one) appear that the behavior resulting in the RVR may have been influenced by mental illness.
    2003In your opinion, did the inmate's mental disorder appear to contribute to the behavior that led to the RVR?
    2015In your opinion, was the inmate's behavior so strongly influenced by symptoms of a (a) mental illness or (b) developmental disability/cognitive or adaptive functioning deficits that the inmate would be better served by documenting this behavior in an alternate manner?a
    In your opinion, is there evidence to suggest that (a) mental illness or (b) developmental disability/cognitive or adaptive functioning deficits contributed to the behavior that led to the RVR?
    • The questions are presented verbatim from the department's evaluation forms. All text in italics are original.

    • ↵a Per § 3317.1(b)(2) of California's Code of Regulations, “alternate manner” means that the charge is reduced or dismissed.31

    • RVR = Rules Violation Report.

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    Table 2

    California's Screening Criteria for Clinical Input into the Disciplinary Process

    The inmate is housed in an inpatient psychiatric unit.
    The inmate is receiving intensive outpatient treatment.
    The inmate is receiving routine outpatient treatment and has been charged with misconduct that may result in a segregation term and credit forfeiture (loss of “good time”).
    The inmate has been identified as having a developmental or cognitive disability.
    The inmate engaged in indecent exposure or masturbation while clothed.
    The inmate displayed behavior that was bizarre or unusual for any inmate or uncharacteristic for the particular inmate at the time of the offense.
    • An inmate who meets any of these criteria requires a mental health assessment prior to the disciplinary hearing. The criteria are adapted from California's Code of Regulations, Title 15, Division 3, § 3317(b).32

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Journal of the American Academy of Psychiatry and the Law Online: 49 (3)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 49, Issue 3
1 Sep 2021
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Disciplinary Responsibility in Prison
Joseph H. Obegi
Journal of the American Academy of Psychiatry and the Law Online Sep 2021, 49 (3) 316-322; DOI: 10.29158/JAAPL.200103-20

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Disciplinary Responsibility in Prison
Joseph H. Obegi
Journal of the American Academy of Psychiatry and the Law Online Sep 2021, 49 (3) 316-322; DOI: 10.29158/JAAPL.200103-20
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