SOP 508.18: Mental Health Discipline Procedures

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Mental Health Discipline Procedures|Policy Name:Mental Health Discipline Procedures|Policy Name:Mental Health Discipline Procedures|
|Policy Number: 508.18|Effective Date: 8/31/2023|Page Number: 1 of 6|
|Authority:
Commissioner
|Originating Division:
Health Services Division
(Mental Health)|Access Listing:
Level II: Required Offender
Access|

I. Introduction and Summary:

It is the policy of the Georgia Department of Corrections (GDC) that during the
investigation of violation(s) of institutional or departmental rules, all offenders that
are receiving mental health services or that have signs or symptoms of mental illness
receive appropriate screens and evaluations to determine their competence to
proceed with a hearing and to identify mitigating mental health circumstances. A
mental health counselor, mental health technician, or behavior specialist will provide
consultation pertinent to disciplinary proceedings. This procedure is applicable to all
GDC facilities with a mental health mission.

II. Authority:

A. GDC Board Rules: 125-3-2-.01 through 125-3-2-.10.

B. GDC Standard Operating Procedures (SOPs): 209.01 Offender Discipline and

508.21 Treatment Plans; and

C. ACA Standards: 5-ACI-3C-18, 5-ACI-6C-06, and 5-ACI-6C-07.

III. Definitions:

A. Mental Health Advocate - A mental health treatment team member who

consults with the mental health offender during the disciplinary hearing and
presents to the Disciplinary Hearing Officer any statement, information, or
request of the offender and observes the procedure to clarify for the offender
and/or Disciplinary Hearing Officer any miscommunication between the two
parties.

B. Disciplinary Hearing Officer - The official designated by the warden or

superintendent who is responsible for overseeing disciplinary investigations and
conducting disciplinary hearings.

C. Reporting Official - The staff member who observes or discovers the infraction

and writes the disciplinary report.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Mental Health Discipline Procedures|Policy Name:Mental Health Discipline Procedures|Policy Name:Mental Health Discipline Procedures|
|Policy Number: 508.18|Effective Date: 8/31/2023|Page Number:2 of 6|
|Authority:
Commissioner
|Originating Division:
Health Services Division
(Mental Health)|Access Listing:
Level II: Required Offender
Access|

D. Incompetence to Proceed - An offender who suffers from a mental disorder

which renders them incapable of understanding the charges and/or the nature of
the proceedings against them or cooperating or assisting in their defense.

E. Mitigating Circumstances - A medical or mental health-related occurrence that

impacts or are believed to have impacted an offender’s rule violating behavior.
These variables must be identified by the mental health professional that is
performing the disciplinary report screen/evaluation and should be considered by
the hearing officer who is determining appropriate sanctions.

IV. Statement of Policy and Applicable Procedures:

A. Screening and Evaluation of Level II Offenders Receiving a Disciplinary Report:

1. When an offender who is receiving Level II mental health services receives a

disciplinary report, the investigating officer will, within 24 hours or on the
next business day, notify the mental health unit manager/designee (a mental
health counselor at probation detention centers) who will have the offender’s
mental health counselor, mental health technician, or behavior specialist
review the disciplinary report in light of the offender’s record within five (5)
working days of the disciplinary report having been served.

2. If there is no question about the offender being competent to proceed with the

investigation and hearing and if there are no obvious mitigating medical
and/or mental health circumstances surrounding the infraction, then the
mental health counselor will complete the Mental Health Evaluation for
Disciplinary Action (Attachment 1) and forward it to the Disciplinary
Hearing Officer (see section C below for further instructions).

3. If there is a question about the offender’s competency to proceed with the

investigation and hearing and/or if there are any possible Mitigating
Circumstances, then the mental health counselor, mental health technician, or
behavior specialist will refer the offender for an evaluation by a mental health

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Mental Health Discipline Procedures|Policy Name:Mental Health Discipline Procedures|Policy Name:Mental Health Discipline Procedures|
|Policy Number: 508.18|Effective Date: 8/31/2023|Page Number:3 of 6|
|Authority:
Commissioner
|Originating Division:
Health Services Division
(Mental Health)|Access Listing:
Level II: Required Offender
Access|

evaluator as described below for offenders receiving Level III or Level IV
services.

B. Evaluation of Level III and Level IV Offenders Receiving a Disciplinary Report:

1. When an offender on a Level III caseload receives a low severity disciplinary

report (in accordance with SOP 209.01 Offender Discipline), the screening
and evaluation procedure, presented in Section A, for Level II offenders may
be followed.

2. When a Level III offender receives a medium, high, or great severity

disciplinary report or when a Level IV offender receives a low, medium,
high, or great severity disciplinary report (in accordance with SOP 209.01
Offender Discipline), then within 24-hours or on the next business day the
investigating officer will notify the mental health unit manager/ designee.
The mental health unit manager/designee will have a licensed and privileged
provider, that is, a psychologist, psychiatrist, advanced practice registered
nurse (APRN), licensed clinical social worker (LCSW), licensed professional
counselor (LPC), or licensed marriage and family therapist (LMFT), perform
the “Mental Health Evaluation Following a Disciplinary Report” (Attachment
2) within five (5) working days of the serving of the disciplinary report.

3. The Mental Health Evaluation Following a Disciplinary Report (Attachment

2) will determine if the offender can proceed with the investigation/hearing
and if there are circumstances relevant to the offender’s mental status that
mitigated the infraction. The evaluation will be placed in section 4 of the
offender’s mental health record. The evaluator will also complete the Mental
Health Evaluation for Disciplinary Action (Attachment 1) and forward it to
the Disciplinary Hearing Officer. A copy of this form will also be placed in
section 4 of the mental health record.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Mental Health Discipline Procedures|Policy Name:Mental Health Discipline Procedures|Policy Name:Mental Health Discipline Procedures|
|Policy Number: 508.18|Effective Date: 8/31/2023|Page Number:4 of 6|
|Authority:
Commissioner
|Originating Division:
Health Services Division
(Mental Health)|Access Listing:
Level II: Required Offender
Access|

C. Completing (Attachment 1) the Mental Health Evaluation for Disciplinary

Action:

1. If the examiner determines that the offender is unable to understand the

charges and/or nature of the proceedings and/or is unable to cooperate or
assist in their defense, then the examiner will place a check mark next to the
line that states, “The offender is not competent to proceed with the
disciplinary investigation and hearing.”

If the offender is found competent to proceed, the examiner will place a
check mark next to the line that states, “The offender is competent to proceed
with the disciplinary investigation and hearing.”

2. If the examiner determines that there are circumstances relevant to the

offender’s mental status that mitigated their infraction, the examiner will
place a check mark next to the line that states, “There are mitigating Mental
Health circumstances surrounding the offender's violation of
institution/department rules.”

If there were no relevant medical and/or mental health circumstances
mitigating the offender’s behavior, then the examiner will place a check mark
next to the line that states, “There are no mitigating Mental Health
circumstances surrounding the offender's violation of institution/department
rules.”

3. If there were relevant medical and/or mental health circumstances mitigating

the offender’s behavior, then the examiner will identify the relevant medical
and/or mental health circumstances and explain how they mitigated the
offender’s behavior.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Mental Health Discipline Procedures|Policy Name:Mental Health Discipline Procedures|Policy Name:Mental Health Discipline Procedures|
|Policy Number: 508.18|Effective Date: 8/31/2023|Page Number:5 of 6|
|Authority:
Commissioner
|Originating Division:
Health Services Division
(Mental Health)|Access Listing:
Level II: Required Offender
Access|

D. Comorbid Medical Issues:

The mental health staff will provide consultation pertinent to disciplinary
proceedings, which may include assisting medical staff with offenders who have
comorbid medical issues.

E. Alternative Sanctions:

1. Alternative sanctions should be suggested whenever indicated.

2. Alternative sanctions may include placement in specific therapy or psycho
educational groups, individual counseling or therapy, placement in a
specialized mental health treatment unit, transfer to another facility for
programming, as well as designated detail/work assignments, or any regular
sanctions for which there are no contra-indications.

3. When alternative sanctions are recommended, the clinical director,

psychologist and/or unit manager will follow up to see if the alternative
sanctions were followed.

F. Mental Health Advocate:

1. Level III or Level IV offenders will have a Mental Health Advocate present

at the disciplinary hearing.

2. The Mental Health Advocate will meet with the offender at least four (4)

hours before the hearing is conducted and ensure the offender understands the
violation(s) and/or infraction(s).

3. At the time of the disciplinary hearing, the Mental Health Advocate will not

make a determination as to the innocence or guilt of the offender but will
make every effort to ensure the offender understands the disciplinary hearing
proceedings, the verdict, any sanctions imposed and are made aware of their
appeal rights.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Mental Health Discipline Procedures|Policy Name:Mental Health Discipline Procedures|Policy Name:Mental Health Discipline Procedures|
|Policy Number: 508.18|Effective Date: 8/31/2023|Page Number:6 of 6|
|Authority:
Commissioner
|Originating Division:
Health Services Division
(Mental Health)|Access Listing:
Level II: Required Offender
Access|

4. In the event an offender refuses the services of the Mental Health Advocate,

the Advocate must still be present to answer any questions the Disciplinary
Hearing Officer may have in regard to the mental status of the offender and
when asked, make recommendations on the disposition of the disciplinary
report.

5. Recommendations made to the Disciplinary Hearing Officer may include

required/suggested housing assignments, programming, disciplinary
measures and/or transfers to other facilities.

V. Attachments:

Attachment 1: Mental Health Evaluation for Disciplinary Action
Attachment 2: Mental Health Evaluation Following a Disciplinary Report

VI. Record Retention of Forms Relevant to this Policy:

Upon completion, both attachments will be placed in the offender’s mental health
record. At the end of the offender’s need for mental health services and/or sentence,
the mental health record will be placed within the offender’s health record and
retained for 10 years.