BILL NUMBER: AB 1006 INTRODUCED
BILL TEXT
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:
SECTION 1. This act shall be known and may be cited as the Mental
Health Justice Act.
SEC. 2. Chapter 16 (commencing with Section 1425) is added to
Title 10 of Part 2 of the Penal Code, to read:
CHAPTER 16. MENTAL HEALTH TREATMENT
1425. (a) (1) 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 may file a petition
for a hearing to determine if the defendant suffers from a
diagnosable mental illness. The petition shall be filed after the
defendant's plea or conviction, but before his or her sentencing.
(2) 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 court, on its own motion, may order the hearing described
in paragraph (1).
(b) A petition filed pursuant to paragraph (1) of subdivision (a)
shall allege that the defendant suffers from a diagnosable mental
illness and requests mental health treatment.
(c) Upon the filing of a petition pursuant to paragraph (1) of
subdivision (a), or upon its own motion pursuant to paragraph (2) of
subdivision (a), the court shall set an evidentiary hearing, to be
heard in conjunction with the defendant's sentencing, to determine
whether the defendant suffers from a diagnosable mental illness.
(d) If, after the hearing described in subdivision (c), the court
determines by a preponderance of evidence that the defendant suffers
from a diagnosable mental illness, the court shall order one or more
of the following:
(1) Order that the defendant serve all or a part of his or her
sentence in a residential mental health treatment facility instead of
in the state prison, unless that placement would pose an
unreasonable risk of danger to public safety.
(2) Order the Department of Corrections and Rehabilitation to
place the defendant in a mental health program within the state
prison, at a level of care determined to be appropriate by the
department's mental health staff within 30 days of the defendant's
placement in the state prison, or sooner upon order of the court.
(3) Order the Department of Corrections and Rehabilitation to
prepare a post-release mental health treatment plan six months prior
to the defendant's release from custody. The treatment plan shall
specify the manner in which the defendant will receive mental health
treatment services following release from custody, and shall address,
if applicable and in the discretion of the court, medication
management, housing, and substance abuse treatment.
(e) (1) (A) The defendant or prosecutor may, at any time, petition
the court for approval to transfer the defendant from a residential
mental health treatment facility to a mental health program within
the state prison for the remainder of the defendant's sentence.
(B) The defendant, prosecutor, or Department of Corrections and
Rehabilitation may, at any time, petition the court for permission to
remove the defendant from a mental health program within the state
prison.
(C) The defendant, prosecutor, or Department of Corrections and
Rehabilitation may, at any time, petition the court for dismissal of
the requirement that the Department of Corrections and Rehabilitation
prepare a post-release mental health treatment plan.
(2) The court shall approve a petition described in paragraph (1)
only if the court determines by a preponderance of the evidence that
approving the petition is in the best interest of the defendant.
(f) The defendant shall have the right to counsel for all
proceedings under this section.