BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 1006


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          Date of Hearing:  May 20, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1006 (Levine) - As Amended April 21, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill allows the defendant or the prosecutor to submit  
          evidence that the defendant suffers from a diagnosable mental  
          illness that was a substantial factor that contributed to the  








                                                                    AB 1006


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          defendant's criminal conduct, when a defendant has pled guilty  
          or no contest to, or has been convicted of, an offense that will  
          result in a sentence to state prison or county jail.  The court  
          may use that evidence to order the defendant to serve part of  
          his or her sentence in a residential mental health treatment  
          facility, order the defendant placed in a mental health program  
          in the state prison or county jail, or order the detention  
          facility to prepare a post release mental health treatment plan.  
           Allows the defendant, prosecutor, or the Department of  
          Corrections and Rehabilitation (CDCR) or county jail authority,  
          as applicable, to at any time, petition the court for permission  
          to remove the defendant from a mental health program within the  
          state prison or county jail authority.

          FISCAL EFFECT:


          1)Potential ongoing annual costs in excess of $1.5 million (GF)  
            to the trial courts for the additional evidentiary hearings  
            that may be requested.  Even if a small percentage of the  
            40,000-plus felons committed to state prison or the  
            25,000-plus felons and misdemeanants committed to county jail  
            are impacted, the numbers are significant.  Also, the  
            assumption is the prosecutor will probably object to a number  
            of requests.  


          2)CDCR costs will be several million dollars (GF).  This bill  
            could result in a significant increase in inmates designated  
            for mental health programs.  This bill would also result in  
            the need for additional legal staff for CDCR to petition the  
            removal of inmates from the mental health program.  In  
            addition, it should be noted that any inmate with a mental  
            health condition in CDCR is part of a current class action  
            lawsuit that is a significant cost driver in the CDCR budget.


          3)Significant nonreimbursable state mandated costs in the  
            millions to counties to provide additional mental health  








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            services to current inmates in county jails.


          4)Moderate costs to the Department of Justice (DOJ) in those  
            cases where the DOJ represents the State of California.


          COMMENTS:


          1.Purpose.  According to the author, "Jails and prisons have  
            become California's de facto mental health facilities, with  
            those who are mentally ill being far more likely to be  
            incarcerated than to be in a psychiatric hospital.  
            Incarcerating those with mental illness does not make sense  
            from an outcomes or a fiscal stand point. Studies have found  
            that individuals who participate in mental health courts  
            reoffend one third of the time than those who do not and that  
            participant's show significant improvement in quality of  
            life."

          2)Background.   In 2009, the Division of Correctional Health  
            Care Services for the CDCR estimated that 23 percent of  
            California's prison inmates have a serious mental illness.   
            According to the Berkeley Center for Criminal Justice, an  
            estimated "40 to 70 percent of youth in the California  
            juvenile justice system have some mental health disorder or  
            illness," with 15 to 25 percent considered severely mentally  
            ill.  Based on these numbers, youth in California's juvenile  
            justice system are two to four times more likely to be in need  
            of mental health care than California youth generally.  The  
            Bureau of Justice Statistics reported in 2006 that 74 percent  
            of mentally ill state prisoners and 76 percent of mentally ill  
            local jail inmates also met the criteria for substance  
            dependence or abuse indicating a larger issue with  
            co-occurring disorders among mentally ill offenders

            CDCR data shows higher rates of recidivism in inmates  
            identified with mental health issues when compared to those  








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            without.  Upon release, inmates exhibiting mental health  
            problems are assigned one of two mental health services  
            designations: Enhanced Outpatient Program (EOP) or  
            Correctional Clinical Case Management System (CCCMS).  Inmates  
            with severe mental illness expected to experience difficulty  
            transitioning out of corrections are designated as EOP and  
            receive treatment at a level similar to day treatment services  
            in the community, while inmates receiving CCCMS services are  
            housed within the general population and participate on an  
            outpatient basis.  In the 2012 CDCR Outcome Evaluation Report,  
            76.7 percent of first-release inmates with an EOP designation  
            recidivated after three years, compared to lower rates found  
            in CCCMS designees (70.6 percent) and those without a  
            designation (62 percent).


          3)Argument in Support:  According to David Mills (Chairman) and  
            Michael Romano(Director), of the Stanford Law School Three  
            Strikes and Justice Advocacy Project, "The Mental Health  
            Justice Act (AB 1006) is the embodiment of the first reform  
            proposed in our report.  The bill is critically important  
            because it will-for the first time-empower Superior Court  
            Judges discretionary authority to order psychiatric treatment  
            for criminal offenders who commit crimes as a result of mental  
            illness.  The bill does not require courts to do anything and  
            protects public safety by forbidding judges from departing  
            from traditional sentencing if doing so would endanger the  
            public.  Involving the courts in the identification and  
            treatment of mentally ill offenders is a crucial step in  
            addressing the massive problem of mental ill offenders in the  
            justice system.  We believe the measure will also save tax  
            dollars and reduce recidivism by providing earlier  
            interruption in the cycle of mental illness and incarceration.  


            "According to a recent report from the national Sheriff's  
            Association and Treatment Advocacy Center, ten times as many  
            mentally ill people are in prison and jail in the United  
            States than there are in mental health treatment facilities.   








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            In California, 45% of the state's prison population is  
            estimated to be mentally ill.  In the last fifteen years the  
            number of mentally ill people in prison has almost doubled.  


          Analysis Prepared by:Pedro R. Reyes / APPR. / (916)  
          319-2081