BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1265|
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                                 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  
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          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  

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            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

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