BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1265| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 1265 Author: Dutton (R), et al Amended: 4/13/10 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/6/10 AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg, Wright SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SUBJECT : Conditional release: forensic mental patients SOURCE : City of Upland County of San Bernardino DIGEST : This bill authorizes a conditional release program (CONREP) providing outpatient treatment to forensic mental health patients (generally, mentally disordered persons placed in treatment from the criminal justice system) to inform local law enforcement of the identity and address of a person in a CONREP program. ANALYSIS : Existing law provides that the Department of Mental Health shall provide mental health treatment and supervision in the community for judicially committed persons, as specified. Existing law provides that the department may provide these services directly or through contract with private providers or counties, including administrative and ancillary services related to the CONTINUED SB 1265 Page 2 provision of direct services. Existing law provides that the program established and administered by the department to provide services pursuant to this authority shall be known as the Forensic Conditional Release Program. This bill provides, notwithstanding applicable medical privacy rules for persons committed to mental health treatment programs, that CONREP programs may inform local law enforcement of "the names and addresses of program participants who reside within that agency's jurisdiction." This bill specifies that providing this notice does not relieve a person or entity of any statutory duty. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 4/26/10) City of Upland (co-source) County of San Bernardino (co-source) Bixby Way's Neighborhood Watch Block Captain California State Sheriffs' Association Cities of Highland, Ontario, Rancho Cucamonga, and Yucaipa City of Upland Police Department League of California Cities Inland Empire Division San Bernardino Area Chamber of Commerce San Bernardino County Board of Supervisors San Bernardino County District Attorney San Bernardino Sheriff Upland Unified School District ARGUMENTS IN SUPPORT : According to the author: "A recent murder in Upland, CA has highlighted the need for increased oversight of CONREP program participants residing in unlicensed facilities. "The brutal murder took place in an unlicensed facility that shared a fence with a local elementary school. Seven CONREP participants were living in the facility when one of the program participants stabbed another participant multiple times. Twelve hours after the CONTINUED SB 1265 Page 3 incident occurred, the victim's body was found lying in a pool of blood in the garage by a fellow roommate. "CONREP provides community-based services for specified court-ordered forensic individuals, including: Not Guilty by Reason of Insanity, Mentally Disordered Offenders, and felony Incompetent to Stand Trial. The Department of Mental Health contracts with either local governments or private vendors for services. Program participants reside in licensed or unlicensed facilities, depending on their level of care. Although current law provides significant oversight over licensed facilities, there is little, if any oversight of unlicensed facilities. "The courts and CONREP program operators are currently prohibited from informing local law enforcement when CONREP program participants reside in their jurisdiction. "This bill would provide needed oversight of Conditional Release Program (CONREP) participants residing in unlicensed facilities. In particular, this bill would allow the courts or CONREP program operators to inform local police departments when CONREP program participants reside in their jurisdiction." RJG:mw 4/27/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED