BILL ANALYSIS Ó
AB 1016
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CONCURRENCE IN SENATE AMENDMENTS
AB 1016 (Achadjian)
As Amended August 15, 2011
2/3 vote
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|ASSEMBLY: |75-0 |(May 26, 2011) |SENATE: |40-0 |(September 6, |
| | | | | |2011) |
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Original Committee Reference: PUB. S.
SUMMARY : Entitles a city, county, or superior court to
reimbursement from the California Department of Corrections and
Rehabilitation (CDCR) for the reasonable and necessary costs
connected with trials and hearing related to state prisoners and
any non-treatment costs of parole of these prisoners, as
specified.
The Senate amendments specify that the non-treatment costs
associated with the parole of a Mentally Disordered Offender
shall be paid by CDCR as specified.
EXISTING LAW :
1)Entitles a city, county or superior court to reimbursement for
the reasonable and necessary costs connected with state
prisoners and any of the following:
a) Any crime committed in a state prison, whether by a
prisoner, employee, or other person;
b) Any crime committed by a prisoner in furtherance of an
escape, as specified;
c) Any hearing on any return of a writ of habeas corpus
prosecuted by or on behalf of a prisoner;
d) Any trial or hearing on the question of the sanity of a
prisoner:
e) Any costs not otherwise reimbursable related to
extradition of a prisoner;
f) Any costs incurred by a coroner in connection with the
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death of a prisoner;
g) Any costs incurred in transporting a prisoner within the
host county or as requested by the prison facility or
incurred for extra security while the prisoner is outside a
state prison; or,
h) Any crime committed by a state inmate at a state
hospital for the care, treatment, and education of the
mentally disordered, as specified.
2)States that no city, county, or other jurisdiction may file
for reimbursement under this section more than six months
after the close of the month in which the costs were incurred.
3)States that a financial officer or other designate official of
a county shall make statement of non-treatment and treatment
costs related to a hearing for specified prison or state
hospital related offenses, to be certified by the judge of the
superior court of that county, and sent to the controller for
approval. Upon approval, the county shall be reimbursed for
all non-treatment related costs from a fund appropriated by
the Legislature.
4)States that a prisoner who is otherwise eligible for parole
may be committed if the following criteria are met:
a) He or she has a serious mental disorder that is not is
remission or cannot be kept in remission without treatment;
b) The severe mental disorder was one of the causes of or
was an aggravating factor in the commission of a crime for
which the prisoner was sentenced for prison;
c) The prisoner has been in treatment for the severe mental
disorder for 90 days or more within the year prior to the
prisoner's parole or release;
d) Prior to the prisoner's release or parole, a practicing
psychologist or psychiatrist from the state Department of
Mental Health (DMH) have evaluated the prisoner and a chief
psychiatrist of CDCR has certified that the prisoner has a
severe mental disorder, that the disorder is not in
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remission, or cannot be kept in remission without
treatment, that the severe mental disorder was one of the
causes or was an aggregating factor in prisoner's criminal
behavior, that the prisoner has been in treatment for the
severe mental disorder for 90 days or more prior to
release, and that because of his or her severe mental
disorder the prisoner represents a substantial danger of
physical harm to others; and,
e) The prisoner was sentenced to a determinate sentence for
specified crimes.
AS PASSED BY THE ASSEMBLY , this bill entitled a city, county, or
superior court to reimbursement from the California Department
of Corrections and Rehabilitation (CDCR) for the reasonable and
necessary costs connected with state prisoners and any
non-treatment costs, as specified.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Reimbursement for Unknown; costs potentially in excess of
General
nontreatment trial $5,000 annually to CDCR
costs for MDOs
COMMENTS : According to the author, "Assembly Bill 1016 would
clarify that the State Controller can reimburse a county for the
non-treatment costs associated with conducting Mentally
Disordered Offender (MDO) Trials, which the county is already
owed pursuant to existing law, from monies appropriated by the
Legislature for the purpose of reimbursing cities and counties
for prison and prisoner related costs."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744 FN: 0002263
AB 1016
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