BILL NUMBER: AB 1006 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2015
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.
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.
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, prison or county
jail, the defendant or the prosecutor to file a
petition for a hearing to determine if submit evidence
that the defendant suffers from a diagnosable mental condition
and would authorize the court, on its own motion, to order
that hearing. that was a substantial factor that
contributed to the defendant's criminal conduct. The bill would
require that petition to the evidence
be filed submitted 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. sentencing.
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 court to consider any evidence submitted as
described above in conjunction with the defendant's sentencing, and
would authorize the court to order the Department of
Corrections and Rehabilitation or county jail authority, as
applicable, to place the defendant in a residential
mental health program within the state prison.
treatment facility. This placement would not be available to a
defendant who is subject to the Three Strik es 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. The bill would
provide that the defendant has the right to counsel for these
proceedings.
By imposing additional duties upon county jail authorities, this
bill would create a state-mandated local program.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
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, prison or county jail, the defendant or
the prosecutor may file a petition for a hearing to
determine if submit evidence that the
defendant suffers from a diagnosable mental illness.
illness that was a substantial factor that contributed
to the defendant's criminal conduct. The petition
evidence 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:
(b) If evidence is submitted pursuant to subdivision (a), the
court shall consider that evidence in conjunction with the defendant'
s sentencing.
(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:
(1) Order that (A)
That the defendant serve serve, if the
defendant agrees, all or a part of his or her sentence in a
residential mental health treatment facility instead of in the state
prison, prison or county jail, unless
that placement would pose an unreasonable risk of danger to public
safety.
(B) This paragraph does not apply to a defendant subject to
Section 1170.12.
(2) Order the The Department of
Corrections and Rehabilitation or county jail
authority, as applicable, to place the defendant in a mental
health program within the state prison,
prison or county jail system, respectively, at a level of care
determined to be appropriate by the department's mental health staff
or county mental health staff, within 30 days
days, of the defendant's placement in the state
prison, or sooner upon order of the court.
prison or county jail.
(3) Order the The Department of
Corrections and Rehabilitation or the county jail authority, as
applicable, regardless of the type of crime committed to
prepare a post-release postrelease
mental health treatment plan six months prior to the defendant's
release from custody. to parole or postrelease
community supervision. The treatment plan shall specify the
manner in which the defendant will receive mental health treatment
services following release from custody, that
release, and shall address, if applicable and in the
discretion of the court, medication management, housing, and
substance abuse treatment.
(e)
(d) (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
or county jail for the remainder of the defendant's
sentence.
(B)
(2) The defendant, prosecutor, or
Department of Corrections and Rehabilitation or county jail
authority, as applicable, may, at any time, petition the court
for permission to remove the defendant from a mental health program
within the state prison. prison or county
jail system, respectively.
(C)
(3) The defendant, prosecutor, or
Department of Corrections and Rehabilitation or county jail
authority, as applicable, may, at any time, petition the court
for dismissal of the requirement that the Department of Corrections
and Rehabilitation or county jail authority, respectively,
prepare a post-release postrelease
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)
(e) The defendant shall have the right to counsel for
all proceedings under this section.
SEC. 3. 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.