BILL ANALYSIS Ó AB 2262 Page 1 Date of Hearing: April 13, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2262 (Levine) - As Amended March 28, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|6 - 1 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill allows the court to order a defendant to serve all, or part, of their state prison or county jail sentence in a residential mental health facility, when a defendant establishes AB 2262 Page 2 that they meet specified criteria regarding mental illness. Specifically, this bill: 1)Authorizes the court, upon a determination that a defendant has met the specified criteria regarding mental illness, and a determination that it is in the public interest, to order one or more of the following: 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 state prison or county jail. Defendants with a current conviction for a violent felony, as specified, would not qualify. b) The California Department of Corrections and Rehabilitation (CDCR) or the county jail 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 mental health staff, within 30 days of the defendant's placement in the state prison or county jail. c) CDCR or the county jail to prepare a postrelease mental health treatment plan six months prior to the defendant's release to parole or postrelease community supervision which specifies 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. FISCAL EFFECT: 1)Potential cost in the hundreds of thousands (GF) to CDCR. This bill would create a parallel track for inmates to be referred to the Mental Health Services Delivery System; one based on the system that has been developed by CDCR's Division of Health Care Services in collaboration with and monitored by AB 2262 Page 3 the Federal court in Coleman v. Brown, and a second system based on this bill, in which the courts determine that inmates require mental health care. Furthermore, AB 2262 may result in additional inmates being subject to Coleman v. Brown. It is difficult, if not impossible, to estimate the fiscal impact for this bill. One single additional Enhanced Outpatient Program (EOP) inmate would cost the state between $20,119 and $45,885 per year at minimum; a single Correctional Clinical Case Management System (CCCMS) inmate would cost the state between $3,808 and $17,919. CDCR anticipates addition legal cost to petition the courts if their assessment of an inmate is in disagreement with the court, and to remove an inmate from care should the inmate's mental health condition improve. This bill could result in savings to CDCR however, if inmates serve their time in residential facilities instead of correctional institutions. 2)Potential cost in the hundreds of thousands (Trial Court Fund/GF) to the courts for the additional hearings that will be requested. 3)Potential significant nonreimbursable state mandated costs to counties to provide additional mental health services to current inmates in county jails. Some costs will be offset if inmates serve their time in residential facilities instead of county jails. SUMMARY (Continued): 1)Permits a defendant, who at any prior time was eligible for AB 2262 Page 4 public mental health services due to serious mental illness, or who is currently, or at any prior time was, eligible for Social Security Insurance due to a diagnosed mental illness, to petition the court for a sentence that includes mental health treatment. The petition must be filed after the defendant's plea or conviction, but before his or her sentencing. 2)Specifies that the defendant shall bear the burden of establishing by a preponderance of the evidence that he or she meets the specified criteria regarding mental illness. 3)The defendant or prosecutor may, at any time, petition the court to recall a sentence that includes a mental health treatment order issued under these guidelines and the court may re-sentence the defendant, provided the defendant gets credit for the time he or she served and the court does not impose a sentence longer than originally imposed. 4)Specifies that a re-sentence may, but is not required, to include other mental health treatment, as specified. 5)Specifies that the defendant has the right to counsel for these proceedings. 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. Furthermore, mental health courts have been demonstrated to save $7 in costs for every $1 spent. It costs $51,000 a year to house an inmate, and $20,412 to house and treat a person with mental illness. AB 2262 Page 5 AB 1006 gives the court the ability to consider the presence of a mental illness in criminal sentencing." 2)Background. Under current law, the court, in granting probation, may suspend the imposing or the execution of the sentence and may direct that the suspension may continue for a period of time not exceeding the maximum possible term of the sentence, except as specified, and upon those terms and conditions as it determines. The court also has authority to modify and change any and all the terms and conditions and to reimprison the probationer in the county jail, as specified. 3)Increased Rates of Recidivism Among Mentally Ill Offenders. A 2012 review conducted by the Utah Criminal Justice Center found that released inmates with serious mental illness experience poorer outcomes overall as they are "twice as likely to have their probation or parole revoked, are at an elevated risk for rearrest, incarceration, and homelessness, lack skills to obtain and sustain employment, and have higher rates of medical problems." Also, CDCR data shows higher rates of recidivism in inmates identified with mental health issues when compared to those without. 4)California's Current Sentencing Scheme Does Not Provide an Option for a Judge to Impose a Split Prison Sentence. Under California's sentencing scheme, if a person is sent to state prison, they are sentenced for a determinate amount of time. Once an individual is sentenced to State Prison they are committed to the custody of CDCR. Once CDCR has custody of a defendant, CDCR, not the court, decides where and in what type of custodial setting the defendant serves their state prison term. 5)Support. According to The Steinberg Institute, "Simply locking people up with mental illness does not make sense from AB 2262 Page 6 an outcomes standpoint, or from a civil rights perspective for that matter. We believe AB 2262 can help to mitigate the state's current struggle to treat offenders with a mental health diagnosis in prison and county jails, especially as people with mental illness are far less likely to commit a crime, violate prison rules, or recidivate if they are receiving high quality treatment." 6)Opposition. According to The California District Attorneys Association, "Beyond our concerns with the timing, frequency, and nature of the evidence being presented, we object to this bill's attempt to place the trial court judge in the role of mental health expert - a role that they likely have neither the training, nor the inclination to carry out. Courts already have the authority to order a hearing to determine whether a defendant is mentally competent to stand trial, and now would be put in the position of evaluating evidence of mental illness to determine appropriate placements and programming for these individuals. We do not believe the court should be involved in post-conviction treatment issues. Analysis Prepared by:Pedro Reyes / APPR. / (916) 319-2081