BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 851|
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THIRD READING
Bill No: SB 851
Author: Steinberg (D), et al
Amended: 6/4/07
Vote: 21
SENATE HEALTH COMMITTEE : 7-3, 4/11/07
AYES: Kuehl, Alquist, Cedillo, Maldonado, Ridley-Thomas,
Steinberg, Yee
NOES: Aanestad, Cox, Wyland
NO VOTE RECORDED: Negrete McLeod
SENATE PUBLIC SAFETY COMMITTEE : 4-1, 4/24/07
AYES: Romero, Cedillo, Margett, Ridley-Thomas
NOES: Cogdill
SENATE APPROPRIATIONS COMMITTEE : 10-6, 5/31/07
AYES: Torlakson, Cedillo, Corbett, Florez, Kuehl, Oropeza,
Ridley-Thomas, Simitian, Steinberg, Yee
NOES: Cox, Aanestad, Ashburn, Dutton, Runner, Wyland
NO VOTE RECORDED: Battin
SUBJECT : Mentally ill offenders
SOURCE : California Council of Community Mental Health
Agencies
DIGEST : This bill enacts the Corrections Mental Health
Act of 2007, a comprehensive system of care for individuals
with serious mental illness who are involved in the state's
criminal justice system.
CONTINUED
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ANALYSIS : Under existing law, the Council on Mentally
Ill Offenders in the Department of Corrections and
Rehabilitation (CDCR) investigates and promotes
cost-effective approaches for long-term needs of adults and
juveniles with mental disorders who are likely to become
offenders, or who have a history of offending, by
considering strategies to improve service coordination
among state and local mental health, criminal justice and
juvenile justice programs, as specified. Existing law also
establishes a procedure whereby, if, in the opinion of the
Director of the CDCR, the rehabilitation of any mentally
ill, mentally deficient, or insane person confined in a
state prison may be expedited by treatment at any of the
state hospitals, the person may be evaluated to determine
if he or she would benefit from care and treatment in a
state hospital.
Existing law requires, as a condition of parole, that a
prisoner with a treatable severe mental disorder which was
one of the causes of, or was an aggravating factor in, the
commission of the crime for which they are incarcerated, be
treated by the DMH, as specified.
In addition, the Adult and Older Adult Mental Health System
of Care Act provides for the establishment of service
standards to ensure that persons with serious mental
illness are identified, and that services are provided to
assist them to reach their potential as productive
citizens. Plans for services include, but are not limited
to, outreach to families, coordination and access to
medication, psychiatric and psychological services,
substance abuse services, supportive housing assistance
vocational rehabilitation and veterans' services.
This bill:
1.Statutorily authorizes mental health courts, operating as
a "preguilty plea" or "deferred entry of judgment"
program, as specified.
2.Requires CDCR to create a pilot program to provide
comprehensive mental health and supportive services to
100 parolees with a serious mental illness in each of
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three separate parole regions, as specified.
3.Requires CDCR in consultation with the State Department
of Mental Health to establish service standards that
ensure that prisoners with a serious mental illness, as
defined, are identified, and services are provided to
assist them to be able, upon release, to live
independently, work, and reach their potential as
productive citizens, as specified.
4.Requires that services be available to parolees with
serious mental illnesses, as specified.
5.Requires that funding be provided at sufficient levels to
ensure that each facility and parolee center can provide
each eligible parolee, as specified, with certain
enumerated services.
6.Requires CDCR to establish an advisory committee
regarding the development of the identification of
specific performance measures for evaluating the
effectiveness of programs established by the bill, as
specified.
7.Authorizes CDCR to contract with counties or private
providers for the provision of any of the services
described in the bill's provisions concerning parolees,
as specified.
8.Revises current law requiring DMH to establish service
standards that ensure that members of the target
population are identified and provided services, as
specified, to add individuals successfully completing
parole and mental health courts to these provisions and
to add police, sheriffs and judges among recipients who
may receive outreach services, as specified.
9.Adds, as a third funding priority for adult systems of
care programs the following:
A. Maintaining funding for the existing programs that
meet adult system of care contract goals.
B. Finding for counties with a high incidence of
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persons who are severely mentally ill and homeless or
at risk of homelessness, those who are discharged from
a jail or have successfully completed parole.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2007-08 2008-09 2009-10
Fund
Mental health courts, Unknown, potentially significant
costs Various*
diversion to services,
parole services, reports,
training, mandate
CDCR: comprehensive Unknown, major
costs General
parolee mental health
services
DMH: oversight of Unknown, potentially significant costs
General
services
*General, Trial Court Trust Fund (TCTF), Mental Health
Services Act (MHSA), Mentally Ill Offender Crime Reduction
(MIOCR) grant, Substance Abuse and Mental Health Services
Administration (SAMHSA) grant, and local funds.
SUPPORT : (Verified 6/5/07)
California Council of Community Mental Health Agencies
(source)
California Catholic Conference
California Medical Association
California Opioid Maintenance Providers
California Psychiatric Association
California Public Defenders Association
Crestwood Behavioral Health
Drug Policy Alliance Network
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Mental Health Association in California
Mental Health Association in San Diego County
Mental Health Association in Santa Barbara County
Peace Officers Research Association of California
Sylmar Health and Rehabilitation Center
ARGUMENTS IN SUPPORT : According to the author's office,
"The purpose of this bill is to enact numerous provisions
concerning how the courts and the state correctional system
should handle people who have serious mental illnesses,
including the following: (1) expressly and statutorily
authorize courts to implement "Mental Health Courts" for
persons suffering from mental illnesses with
locally-established case eligibility criteria, as
specified, (2) require CDCR to identify inmates about to
parole, and parolees, who are seriously mentally ill, as
specified, (3) require DCDR to create a pilot program to
provide comprehensive mental health and supportive services
to 300 parolees with a serious mental illness, as
specified, (4) authorize CDCR to contract with a Mental
Health Court as a "referral court" for parolees who are in
violation of parole, as specified, (5) require CDCR, in
consultation DMH, to "establish service standards that
ensure that prisoners with a serious mental disorder are
identified and receive services," (6) create an advisory
committee, as specified, and (7) enact specified funding
provisions."
CTW:nl 6/5/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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