CALCRIM No. 3457

Disorder (Pen. Code, § 2970)

The petition alleges that <insert name of respondent> is an

offender with a mental health disorder.

To prove this allegation, the People must prove beyond a reasonable

doubt that [at the time of (his/her) hearing before the Board of Parole

Hearings]:

1. (He/She) (has/had) a severe mental disorder;

2. The severe mental disorder (is/was) not in remission or (cannot/

could not) be kept in remission without continued treatment;

AND

3. Because of (his/her) severe mental disorder, (he/she) (presently

represents/represented) a substantial danger of physical harm to

others.

A severe mental disorder is an illness or disease or condition that

substantially impairs the person’s thought, perception of reality,

emotional process, or judgment; or that grossly impairs his or her

behavior; or that demonstrates evidence of an acute brain syndrome for

which prompt remission, in the absence of treatment, is unlikely. [It does

not include (a personality or adjustment disorder[,]/ [or] epilepsy[,]/ [or]

mental retardation or other developmental disabilities[,]/ [or] addiction

to or abuse of intoxicating substances).]

Remission means that the external signs and symptoms of the severe

mental disorder are controlled by either psychotropic medication or

psychosocial support.

[A severe mental disorder cannot be kept in remission without treatment

if, during the period of the year prior to <insert the date the

trial commenced> , the person:

<Give one or more alternatives, as applicable.>

[1. Was physically violent except in self-defense(;/.) [or]]

[2. Made a serious threat of substantial physical harm upon the

person of another so as to cause the target of the threat to

reasonably fear for his or her safety or the safety of his or her

immediate family(;/.) [or]]

[3. Intentionally caused property damage(;/.) [or]]

[4. Did not voluntarily follow the treatment plan.]]

[A person has voluntarily followed the treatment plan if he or she has

acted as a reasonable person would in following the treatment plan.]

[A substantial danger of physical harm does not require proof of a recent

overt act.]

Y ou will receive [a] verdict form[s] on which to indicate your finding of

whether the allegation that <insert name of respondent> is

an offender with a mental health disorder is true or not true. To find the

allegation true or not true, all of you must agree. Y ou may not find it to

be true unless all of you agree the People have proved it beyond a

reasonable doubt.

New December 2008; Revised September 2017, September 2020, September 2022