BILL NUMBER: AB 2262	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 18, 2016

   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 2262, 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.
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 or county jail, the defendant or the
prosecutor submit evidence that the defendant suffers from a
diagnosable mental condition that was a substantial factor that
contributed to the defendant's criminal conduct. The bill would
require that the evidence be submitted after the defendant's
conviction, but before his or her sentencing. The bill would require
the 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 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. 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: 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) 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 or county jail, the defendant or the prosecutor may
submit evidence that the defendant suffers from a diagnosable mental
illness that was a substantial factor that contributed to the
defendant's criminal conduct. The evidence shall be filed after the
defendant's plea or conviction, but before his or her sentencing.
   (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) (A) That the defendant 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 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) 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 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, of the defendant's placement in the state prison or
county jail.
   (3) The Department of Corrections and Rehabilitation or the county
jail authority, as applicable, regardless of the type of crime
committed to prepare a postrelease mental health treatment plan six
months prior to the defendant's release to parole or postrelease
community supervision. The treatment plan shall specify the manner in
which the defendant will receive mental health treatment services
following that release, and shall address, if applicable and in the
discretion of the court, medication management, housing, and
substance abuse treatment.
   (d) (1) 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.
   (2) The defendant, prosecutor, 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 or county jail
system, respectively.
   (3) The defendant, prosecutor, 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 postrelease mental health
treatment plan.
   (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.