Amended in Assembly April 21, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 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 amended, 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. begin insert Existing law, as added by Proposition 184, adopted November 8, 1994, and amended by Proposition 36, adopted November 6, 2012, commonly known as the Three Strikes Law, prohibits certain recidivist offenders from being committed to any facility other than a state prison. end insert

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 begin delete prison, end delete begin insert prison or county jail, end insert the defendant or the prosecutor to begin delete file a petition for a hearing to determine if end delete begin insert submit evidence that end insert the defendant suffers from a diagnosable mental condition begin delete and would authorize the court, on its own motion, to order that hearing. end delete begin insert that was a substantial factor that contributed to the defendant’s criminal conduct. end insert The bill would require that begin delete petition to end delete begin insert the evidence end insert be begin delete filed end delete begin insert submitted end insert after the defendant’s conviction, but before his or her begin delete sentencing, and to allege that the defendant suffers from a diagnosable mental illness and requests mental health treatment. end delete begin insert sentencing. end insert The bill would require the begin delete 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 end delete begin insert court to consider any evidence submitted as described above in conjunction with the defendant’s sentencing, and would authorize the court to order end insert the Department of Corrections and Rehabilitation begin insert or county jail authority, as applicable, to end insert place the defendant in a begin insert residential end insert mental health begin delete program within the state prison. end delete begin insert treatment facility. This placement would not be available to a defendant who is subject to the Three Strikes Law. The bill would also authorize the court to order the department or jail authority to place the defendant in a mental health program within the state prison or county jail, respectively. end insert The bill would provide that the defendant has the right to counsel for these proceedings.

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By imposing additional duties upon county jail authorities, this bill would create a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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)  begin delete (1) end delete begin delete   end delete If a defendant has pled guilty or nolo contendere
to, or been convicted of, an offense that will result in a sentence
to state begin delete prison, end delete begin insert prison or county jail, end insert the defendant or the prosecutor
may begin delete file a petition for a hearing to determine if end delete begin insert submit evidence
that end insert the defendant suffers from a diagnosable mental begin delete illness. end delete begin insert illness
that was a substantial factor that contributed to the defendant’s
criminal conduct. end insert The begin delete petition end delete begin insert evidence end insert shall be filed after the
defendant’s plea or conviction, but before his or her sentencing.

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(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).

end delete begin delete

(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.

end delete begin delete

(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.

end delete begin delete

(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:

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(b) If evidence is submitted pursuant to subdivision (a), the court
shall consider that evidence in conjunction with the defendant’s
sentencing.

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(c) Upon consideration of the evidence submitted pursuant to
subdivision (a), notwithstanding any other law, if the court
determines that it is in the best interests of public safety, the court
may order one or more of the following:

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(1)  begin delete Order that end delete begin insert (A) end insert begin insert   end insert begin insert That end insert the defendant begin delete serve end delete begin insert serve, if the
defendant agrees, end insert all or a part of his or her sentence in a residential
mental health treatment facility instead of in the state begin delete prison, end delete begin insert prison
or county jail, end insert unless that placement would pose an unreasonable
risk of danger to public safety.

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(B) This paragraph does not apply to a defendant subject to
Section 1170.12.

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(2)  begin delete Order the end delete begin insert The end insert Department of Corrections and Rehabilitation
begin insert or county jail authority, as applicable, end insert to place the defendant in a
mental health program within the state begin delete prison, end delete begin insert prison or county
jail system, respectively, end insert at a level of care determined to be
appropriate by the department’s mental health staff begin insert or county
mental health staff, end insert within 30 begin delete days end delete begin insert days, end insert of the defendant’s
placement in the state begin delete prison, or sooner upon order of the court. end delete
begin insert prison or county jail. end insert

(3)  begin delete Order the end delete begin insert The end insert Department of Corrections and Rehabilitation
begin insert or the county jail authority, as applicable, regardless of the type
of crime committed end insert to prepare a begin delete post-release end delete begin insert postrelease end insert mental
health treatment plan six months prior to the defendant’s release
begin delete from custody. end delete begin insert to parole or postrelease community supervision. end insert
The treatment plan shall specify the manner in which the defendant
will receive mental health treatment services following begin delete release
from custody, end delete begin insert that release, end insert and shall address, if applicable and in
the discretion of the court, medication management, housing, and
substance abuse treatment.

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(e)

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begin insert (d) end insert  (1)  begin delete (A) end delete begin delete   end delete 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 begin insert or county jail end insert for the remainder of
the defendant’s sentence.

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(B)

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begin insert (2) end insert  The defendant, prosecutor, begin delete or end delete Department of Corrections
and Rehabilitation begin insert or county jail authority, as applicable, end insert may, at
any time, petition the court for permission to remove the defendant
from a mental health program within the state begin delete prison. end delete begin insert prison or
county jail system, respectively. end insert

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(C)

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begin insert (3) end insert  The defendant, prosecutor, begin delete or end delete Department of Corrections
and Rehabilitation begin insert or county jail authority, as applicable, end insert may, at
any time, petition the court for dismissal of the requirement that
the Department of Corrections and Rehabilitation begin insert or county jail
authority, respectively, end insert prepare a begin delete post-release end delete begin insert postrelease end insert mental
health treatment plan.

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(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.

end delete begin delete

(f)

end delete

begin insert (e) end insert  The defendant shall have the right to counsel for all
proceedings under this section.

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begin insert SEC. 3. end insert   

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If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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