BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    SB 512        Hearing Date:    April 28, 2015    
          
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          |Author:    |Hill                                                 |
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          |Version:   |April 6, 2015                                        |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|MK                                                   |
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              Subject:  Criminal History Information:  Health Services  
 
                                      Personnel



          HISTORY

          Source:   San Mateo County

          Prior Legislation:AB 1969 (Perea) Chapter 730, Stats. 2014
                         AB 1511 (Gaines) Chapter 449, Stats 2014
                         AB 1136 (Huff) Chapter 222, Stats. 2014

          Support:  Unknown

          Opposition:California Public Defenders Association

                     
          PURPOSE

                                          
          The purpose of this bill is to authorize city, county or city  
          and county health services personnel   to receive the criminal  
          history information of individuals for the purpose of providing  
          assessment, treatment, rehabilitation or other health care to  
          those individuals for alcohol abuse, substance abuse, or mental  
          health issues.
          







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          Existing law requires the Department of Justice (DOJ) to  
          maintain state summary criminal history information.  (Penal  
          Code § 11105(a).)


          Existing law authorizes DOJ to furnish state summary criminal  
          history information to the following specified entities: 

                 the courts of California; 
                 peace officers, as defined; 
                 district attorneys of California; 
                 prosecuting city attorneys; 
                 city attorneys pursuing civil gang injunctions or drug  
               abatement actions; 
                 probation officers of California;  
                 parole officers of California;  
                 a public defender or attorney of record when  
               representing a person in proceedings upon a petition for a  
               certificate of rehabilitation and pardon;  
                 a public defender or attorney of record when  
               representing a person in a criminal case, or a parole,  
               mandatory supervision, or postrelease community supervision  
               revocation or revocation extension proceeding, and if  
               authorized access by statutory or decisional law;
                 any agency, officer, or official of the state if the  
               criminal history information is required to implement a  
               statute or regulation that expressly refers to specific  
               criminal conduct applicable to the subject person of the  
               state summary criminal history information, and contains  
               requirements or exclusions, or both, expressly based upon  
               that specified criminal conduct;
                 any city or county, city and county, district, or any  
               officer or official thereof if access is needed in order to  
               assist that agency, officer, or official in fulfilling  
               employment, certification, or licensing duties, and if the  
               access is specifically authorized by the city council,  
               board of supervisors, or governing board of the city,  
               county, or district if the criminal history information is  
               required to implement a statute, ordinance, or regulation  
               that expressly refers to specific criminal conduct  
               applicable to the subject person of the state summary  
               criminal history information, and contains requirements or  
               exclusions, or both, expressly based upon that specified  
               criminal conduct; 








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                 the subject of the state summary criminal history  
               information; 
                 any person or entity when access is expressly authorized  
               by statute if the criminal history information is required  
               to implement a statute or regulation that expressly refers  
               to specific criminal conduct applicable to the subject  
               person of the state summary criminal history information,  
               and contains requirements or exclusions, or both, expressly  
               based upon that specified criminal conduct;  
                 Health officers of a city, county, city and county, or  
               district when in the performance of their official duties  
               preventing the spread of communicable diseases; 
                 any managing or supervising correctional officer of a  
               county jail or other county correctional facility; 
                 any humane society, or society for the prevention of  
               cruelty to animals for the appointment of humane officers; 
                 local child support agencies; 
                 county child welfare agency personnel who have been  
               delegated the authority of county probation officers to  
               access state summary criminal history information for the  
               specified purposes; 
                 the court of a tribe, or court of a consortium of  
               tribes, that has entered into an agreement with the state  
               as specified; 
                 child welfare agency personnel of a tribe or consortium  
               of tribes that has entered into an agreement with the state  
               as specified; 
                 an officer providing conservatorship investigations; 
                 a person authorized to conduct a guardianship  
               investigation; and,
                 a humane officer for the purposes of performing his or  
               her duties.  (Penal Code § 11105 (b).)

          Existing law states that DOJ may furnish state summary criminal  
          history information, when specifically authorized, and  
          federal-level criminal history information upon a showing of  
          compelling need to any of the specified agencies, provided that  
          when information is furnished to assist an agency, officer, or  
          official of state or local government, a public utility, or any  
          other entity in fulfilling employment, certification, or  
          licensing duties, the employer must follow restrictions listed  
          in the Labor Code.  (Penal Code § 11105(c).)
           









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          Existing law states, notwithstanding any other law, a human  
          resource agency or an employer may request from DOJ records of  
          all convictions or any arrest pending adjudication involving the  
          offenses specified of a person who applies for a license,  
          employment, or volunteer position, in which he or she would have  
          supervisory or disciplinary power over a minor or any person  
          under his or her care.  Requires DOJ to furnish the information  
          to the requesting employer and also send a copy of the  
          information to the applicant.  (Penal Code § 11105.3(a).) 


          Existing law authorizes any local criminal justice agency as  
          defined to compile local summary criminal history information  
          and requires the local criminal justice agency to furnish this  
          information to any of the specified entities.  (Penal Code §  
          13300.) 

          This bill will add a city, county or city and county health  
          services personnel who are engaged in efforts to identify and  
          treat individuals who have alcohol abuse, substance abuse, or  
          mental health issues, for the purpose of providing assessment,  
          treatment rehabilitation or other health care to those  
          individuals to those who can receive local summary criminal  
          history information.
           
                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past eight years, this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   









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                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In February of this year the administration reported that as "of  
          February 11, 2015, 112,993 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.6% of design bed  
          capacity, and 8,828 inmates were housed in out-of-state  
          facilities.  This current population is now below the  
          court-ordered reduction to 137.5% of design bed capacity."(  
          Defendants' February 2015 Status Report In Response To February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).

          While significant gains have been made in reducing the prison  
          population, the state now must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:


              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.




          COMMENTS








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          1. Need for This Bill

          According to the author:

               As in most counties, each year in San Mateo County,  
               thousands of people become involved with the criminal  
               justice system.  Many of these people are "frequent  
               flyers," having regular contact with the system due to  
               alcohol use, substance abuse, and/or mental health  
               related issues.  A parallel phenomenon exists at the  
               San Mateo County Medical Center Emergency Room, where  
               some people regularly use expensive emergency room  
               services for substance abuse, mental health related  
               issues and routine medical care.  Experience suggests  
               that the populations overlap substantially.  

               San Mateo County Health System personnel would like to  
               target specific medical, substance abuse, and/or  
               mental health services to criminal justice involved  
               individuals with the aim of linking them to  
               appropriate care upon discharge, with the hopes of  
               achieving better outcomes.  Targeted interventions  
               could include steering frequent emergency room users  
               into ambulatory care services, specialized medication  
               protocols such as Vivitrol for chronic alcoholics,  
               full service partnerships for the severely mentally  
               ill, and more informed service referrals.  

               However, under existing law, county health services  
               personnel cannot access local summary criminal justice  
               information for purposes of program planning and  
               identifying those who may benefit from enhanced  
               services.  

          2.  Access to Summary History Information
          
          Existing law sets forth who is authorized to receive criminal  
          history information compiled by the DOJ or by local agencies.   
          This bill would add city, county and city and county health  
          services personnel who are engaged in efforts to identify and  
          treat individuals who have alcohol abuse, substance abuse, or  
          mental health issues for the purposes of providing assessment,  
          treatment rehabilitation or other health care to those  








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          individuals who can receive criminal history information.




          According to the author:

               As in most counties, each year in San Mateo County  
               thousands of people become involved with the criminal  
               justice system.  Many of these people also have  
               regular contact with the health system due to alcohol  
               use, substance abuse, and/or mental health related  
               problems.  The San Mateo County Medical Center  
               Emergency Room has witnessed some individuals  
               regularly accessing expensive emergency room services  
               for substance abuse and/or mental health related  
               problems and routine medical care.  Experience  
               suggests that the populations overlap substantially  
               and that earlier intervention strategies could be  
               targeted to reduce both criminal justice system and  
               emergency department involvement and improve health  
               outcomes.  

          Thus, this bill would allow city, county and city and county  
          health systems to access criminal history information to allow: 

               County health systems to plan better for the types of  
               health/behavioral services that would be most  
               effective in serving the local jail population once  
               they are released into the community. To do that, the  
               health staff would be assisted by knowing where they  
               are already serving the population and where they are  
               not. It will also provide information on what portion  
               of the justice-involved population accessing services  
               is part of the County's Health Plan. 

          Specifically:

               In San Mateo County [the sponsor], health personnel  
               could use the local justice data inquiry for a variety  
               of reasons to fully understand a clients' background,  
               and provide individualized care. Health staff will  
               need to know why a person is getting arrested, drunk  
               in public, drugs, domestic violence related to  








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               alcoholism and the number of occasions this has  
               occurred. The law enforcement information will serve  
               to better inform the treatment that an individual may  
               engage in. 

          Is it appropriate for city, county and city and county health  
          officials to access criminal justice information to help with  
          the treatment of individuals?



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