California Legislature—2015–16 Regular Session

Assembly BillNo. 1006


Introduced by Assembly Member Levine

February 26, 2015


An act to add Chapter 16 (commencing with Section 1425) to Title 10 of Part 2 of the Penal Code, relating to prisoners.

LEGISLATIVE COUNSEL’S DIGEST

AB 1006, as introduced, Levine. Prisoners: mental health treatment.

Existing law prohibits a person from being tried, adjudged to punishment, or having his or her probation, mandatory supervision, postrelease community supervision, or parole revoked while that person is mentally incompetent. Existing law establishes a process by which a defendant’s mental competency is evaluated and by which the defendant receives treatment, including, if applicable, antipsychotic medication, with the goal of returning the defendant to competency. Existing law credits time spent by a defendant in a state hospital or other facility as a result of commitment during the process toward the term of any imprisonment for which the defendant is sentenced.

This bill would authorize, if a defendant has pled guilty or nolo contendere to, or been convicted of, an offense that will result in a sentence to state prison, the defendant or the prosecutor to file a petition for a hearing to determine if the defendant suffers from a diagnosable mental condition and would authorize the court, on its own motion, to order that hearing. The bill would require that petition to be filed after the defendant’s conviction, but before his or her sentencing, and to allege that the defendant suffers from a diagnosable mental illness and requests mental health treatment. The bill would require the court, after a hearing on the matter, and if the court finds by a preponderance of the evidence that the defendant suffers from a diagnosable mental illness, to make one or more specified orders, including, among others, an order that the Department of Corrections and Rehabilitation place the defendant in a mental health program within the state prison. The bill would provide that the defendant has the right to counsel for these proceedings.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

This act shall be known and may be cited as the 2Mental Health Justice Act.

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SEC. 2.  

Chapter 16 (commencing with Section 1425) is added
4to Title 10 of Part 2 of the Penal Code, to read:

5 

6Chapter  16. Mental Health Treatment
7

 

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1425.  

(a) (1) If a defendant has pled guilty or nolo contendere
9to, or been convicted of, an offense that will result in a sentence
10to state prison, the defendant or the prosecutor may file a petition
11for a hearing to determine if the defendant suffers from a
12diagnosable mental illness. The petition shall be filed after the
13defendant’s plea or conviction, but before his or her sentencing.

14(2) If a defendant has pled guilty or nolo contendere to, or been
15convicted of, an offense that will result in a sentence to state prison,
16the court, on its own motion, may order the hearing described in
17paragraph (1).

18(b) A petition filed pursuant to paragraph (1) of subdivision (a)
19shall allege that the defendant suffers from a diagnosable mental
20illness and requests mental health treatment.

21(c) Upon the filing of a petition pursuant to paragraph (1) of
22subdivision (a), or upon its own motion pursuant to paragraph (2)
23of subdivision (a), the court shall set an evidentiary hearing, to be
24heard in conjunction with the defendant’s sentencing, to determine
25whether the defendant suffers from a diagnosable mental illness.

26(d) If, after the hearing described in subdivision (c), the court
27determines by a preponderance of evidence that the defendant
28suffers from a diagnosable mental illness, the court shall order one
29or more of the following:

P3    1(1) Order that the defendant serve all or a part of his or her
2sentence in a residential mental health treatment facility instead
3of in the state prison, unless that placement would pose an
4unreasonable risk of danger to public safety.

5(2) Order the Department of Corrections and Rehabilitation to
6place the defendant in a mental health program within the state
7prison, at a level of care determined to be appropriate by the
8department’s mental health staff within 30 days of the defendant’s
9placement in the state prison, or sooner upon order of the court.

10(3) Order the Department of Corrections and Rehabilitation to
11prepare a post-release mental health treatment plan six months
12prior to the defendant’s release from custody. The treatment plan
13shall specify the manner in which the defendant will receive mental
14health treatment services following release from custody, and shall
15address, if applicable and in the discretion of the court, medication
16management, housing, and substance abuse treatment.

17(e) (1) (A) The defendant or prosecutor may, at any time,
18petition the court for approval to transfer the defendant from a
19residential mental health treatment facility to a mental health
20program within the state prison for the remainder of the defendant’s
21sentence.

22(B) The defendant, prosecutor, or Department of Corrections
23and Rehabilitation may, at any time, petition the court for
24permission to remove the defendant from a mental health program
25within the state prison.

26(C) The defendant, prosecutor, or Department of Corrections
27and Rehabilitation may, at any time, petition the court for dismissal
28of the requirement that the Department of Corrections and
29Rehabilitation prepare a post-release mental health treatment plan.

30(2) The court shall approve a petition described in paragraph
31(1) only if the court determines by a preponderance of the evidence
32that approving the petition is in the best interest of the defendant.

33(f) The defendant shall have the right to counsel for all
34proceedings under this section.



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