BILL ANALYSIS
SB 851
Page 1
SENATE THIRD READING
SB 851 (Steinberg)
As Amended August 31, 2007
Majority vote
SENATE VOTE :25-12
PUBLIC SAFETY 6-0 APPROPRIATIONS 11-6
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|Ayes:|Solorio, Aghazarian, |Ayes:|Leno, Caballero, Davis, |
| |Anderson, De La Torre, | |DeSaulnier, Huffman, |
| |Ma, Portantino | |Karnette, Krekorian, Ma, |
| | | |Nava, Solorio, De Leon |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Walters, Emmerson, La |
| | | |Malfa, Lieu, Nakanishi, |
| | | |Sharon Runner |
| | | | |
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SUMMARY : Authorizes superior courts to develop and implement
mental health courts, as specified, which may operate as a
pre-guilty plea program and deferred entry of judgment program
and allows parolee participation in mental health court, as
specified. Specifically, this bill :
1)States the following objectives for mental health court:
a) Increase cooperation between the courts, criminal
justice, mental health, and substance abuse systems;
b) Creation of a dedicated calendar or a locally developed
collaborative court-supervised mental health program or
system that contains the characteristics set out in this
legislation that will lead to placement of as many mentally
ill offenders, including those with concurring disorders, in
community treatment, as is feasible and consistent with
public safety;
c) Improve access to necessary services and support;
d) Reduce recidivism; and,
e) Reduce involvement of the mentally ill in the criminal
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justice system and their time in jail by making mental
health services available in the least restrictive
environment possible while promoting public safety.
2)States that mental courts shall have the following
characteristics:
a) Leadership by a superior court judicial officer assigned
by the presiding judge;
b) Enhanced accountability by combining judicial supervision
with rehabilitation services that are rigorously monitored
and focused on recovery;
c) A problem solving focus;
d) A team approach to decision-making;
e) Integration of social and treatment services;
f) Judicial supervision of the treatment process, as
appropriate;
g) Community outreach efforts; and,
h) Direct interaction between defendant and judicial
officer.
3)Requires in developing mental health court, the presiding
judge, or his or her designee, shall contact the county board
of supervisors and county administrative officers, or his or
her designee, and convene the county stakeholders to develop a
plan that is consistent with provisions of this bill, as
specified. At least one stakeholder should be a criminal
justice client who has lived with mental illness.
4)Mandates the plan developed by the presiding judge and the
county stakeholders must at a minimum address the following
components:
a) The method by which the mental health court will ensure
that the target population of defendants will be identified
and referred to the mental health court;
b) The method for assessing defendants for serious mental
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illness and co-occurring disorders;
c) Eligibility criteria specifying what factors will make
the defendant eligible to participate in a mental health
court, including the amenability of the defendant to
treatment and the facts of the case, as well as prior
criminal history and mental health and substance abuse
treatment history;
d) The elements of the treatment and supervision programs;
e) Standards for continuing participation in, and successful
completion of, the mental health court program;
f) The need for the county mental health department and the
drug and alcohol department to provide initial and ongoing
training for designated staff on the nature of serious
mental illness and on the treatment and supportive services
available in the community;
g) The process to ensure defendants will receive the
appropriate level of treatment services, based on available
resources, from county and community mental health providers
and other local agencies;
h) The process for developing or modifying a treatment plan
for each defendant, based on a formal assessment of the
defendant's mental health and substance abuse treatment
needs. Participation in the mental health court would
require defendants to complete the recommended treatment
plan, and comply with any other terms and conditions that
will optimize the likelihood that the defendant will
complete the program;
i) A process for referring cases to the mental health court;
and,
j) A defendant's voluntary entry into the mental health
court, the right of a defendant to withdraw from the mental
health court, and the process for explaining these rights to
the defendant. A defendant's participation in mental health
court requires the consent of the judicial officer and the
prosecutor.
5)States in developing a mental health court program, each mental
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health court team, led by a judicial officer, should include,
but is not limited to, a judicial officer to preside over the
court, prosecutor, public defender, county mental health
liaison, substance abuse liaison, and probation officer. The
mental health court team will determine the frequency of
ongoing reviews of the progress of the offender in community
treatment in order to hold the offender accountable to adhere
to the treatment plan as recommended, remain in treatment and
complete treatment.
6)Authorizes the court to operate a pre-guilty plea program,
wherein criminal proceedings are suspended without a plea of
guilty for designated defendants.
7)States if the court finds that the defendant is not performing
satisfactorily in the assigned program, that the defendant is
not benefiting from education, treatment, or rehabilitation,
the court may, among other things, consider modification of the
treatment plan or reinstate the criminal charge or charges. If
the court finds the defendant has engaged in criminal conduct
rendering him or her unsuitable, the court shall reinstate the
criminal charge or charges.
8)If the defendant has performed satisfactorily during the period
of the pre-guilty plea program, at the end of that period, the
criminal charge or charges shall be dismissed and relevant
provisions of the diversion statutes shall apply.
9)Allows a mental health court to operate as a deferred entry of
judgment program. If the defendant is found eligible, the
prosecuting attorney shall file with the court a declaration in
writing or state for the record the grounds upon which the
determination is based, and shall make this information
available to the defendant and his/her attorney.
10)States the deferred entry of judgment procedure is intended to
allow the court to set the hearing for deferred entry of
judgment at the arraignment. If the defendant is found
ineligible for deferred entry of judgment, the prosecuting
attorney shall file with the court a declaration in writing or
state for the record the grounds upon which the determination
is based, and shall make this information available to the
defendant and his/her attorney.
11)Provides the sole remedy of a defendant who is found
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ineligible for deferred entry of judgment is a post-conviction
appeal. If the prosecuting attorney determines that deferred
entry of judgment may be applicable to the defendant, he or she
shall advise the defendant and his/her attorney in writing of
that determination.
12)Requires the notification provided to the defendant of the
deferred entry of judgment (DEJ) include the following:
a) A full description of the procedures for deferred entry
of judgment;
b) A general explanation of the roles and authorities of the
probation department, the prosecuting attorney, the program,
and the court in the process;
c) A clear statement that in lieu of trial, the court may
grant deferred entry of judgment provided that the defendant
pleads guilty to each charge and waives time for the
pronouncement of judgment, and that upon the defendant's
successful completion of a program the positive
recommendation of the program authority and the motion of
the prosecuting attorney, the court, or the probation
department, the court shall dismiss the charge or charges
against the defendant and provisions of the diversion
statutes shall apply;
d) A clear statement that upon failure of treatment or
condition under the program the prosecuting attorney or the
probation department or the court on its own may make a
motion to the court for entry of judgment and the court
shall render a finding of guilty to the charge or charges
pled, enter judgment, and schedule a sentencing hearing;
and,
e) An explanation of criminal record retention and
disposition resulting from participation in the deferred
entry of judgment program and the defendant's rights
relative to answering questions about his or her arrest and
deferred entry of judgment following successful completion
of the program.
13)States a mental health court may operate as a post-guilty plea
program wherein the defendant has entered a guilty plea or has
been sentenced and is on probation. If the defendant has
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performed satisfactorily during the period of the post-guilty
plea program at the end of that period, the criminal charge or
charges shall be dismissed and the provisions of the existing
law related to expungement shall apply.
14)States entry into the mental health court program is
voluntary. Once an individual chooses to enter, the defendant
must comply with the conditions of participation specified by
the court.
15)States an individual's duration in the mental health court
program shall not exceed the maximum sentence plus probation or
parole.
16)Authorizes a parolee with serious mental illness who is under
the dual jurisdiction of the courts and the Board of Parole
Hearings due to having committed a new offense while on parole,
to participate in mental health court program.
17)Allows the Board of Parole Hearing (BPH), as an alternative to
ordering a parolee returned to prison, suspend revocation
pending the parolee's successful completion of the mental
health court program.
18)Authorizes BPH to revoke parole, where appropriate if the
parolee fails to successfully complete the mental health court
program.
19)Includes a mental health court judicial officer on the CDCR
Advisory Committee on mental health evidence-based practices
and recommendations.
20)Declares a system of care for parolees with serious mental
illness results in the highest benefit to the client, family,
and society while ensuring that the public sector meets its
legal responsibility and fiscal liability at the lowest
possible cost.
21)States the adult system of care model, begun through the
implementation of Chapter 617, Statutes of 1999, and expanded
by Chapter 518, Statutes of 2000, provides models for parolees
with serious mental illness that can meet the performance
outcomes required by the Legislature.
22)Declares using the guidelines and principles developed under
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the demonstration projects implemented under the adult system
of care model, it is the intent of the Legislature to
accomplish the following:
a) Encourage the CDCR's Division of Adult Parole Operations
to implement a system of care as described in this article
for the delivery of mental health services to seriously
mentally ill parolees;
b) To promote a system of care accountability for
performance outcomes that enable parolees with serious
mental illness to reduce symptoms that impair their ability
to live independently, work, maintain community supports,
care for their children, stay in good health, not abuse
drugs or alcohol, and not commit crimes; and,
c) Provide funds for mental health services and related
medications, substance abuse services, supportive housing or
other housing assistance, vocational rehabilitation, and
other non-medical programs necessary to stabilize mentally
ill prisoners and parolees, reduce the risk of being
homeless, get them off the street and into treatment and
recovery, or to provide access to veterans' treatment and
recovery services outside of their geographic location will
be given consideration for those needed that will also
provide for treatment and recovery.
23)Mandates CDCR create a pilot program, to the extent funds are
available, to provide comprehensive mental health and
supportive services comparable to the case management and
services available, as specified.
24)States first priority shall be given to parolees who, while
incarcerated, were deemed part of the Enhanced Outpatient
Program who will likely become homeless upon release. The
second priority for funding shall be given to remaining
parolees who, while incarcerated, were in the Enhanced
Outpatient Program. The third priority for funding shall be
given to parolees who are, while incarcerated, in the
Correctional Clinical Case Management System who will likely
become homeless upon release. The fourth priority for funding
shall be given to remaining parolees who, while incarcerated,
were in the Correctional Case Management System.
25)States once enrolled, each parolee shall remain enrolled until
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either opting out of the program with an agreed upon discharged
plan and follow up plan, completing parole, or having parole
revoked for longer than a year.
26)Requires CDCR in consultation with the Department of Mental
Health, to the extent funding is available, to develop service
standards for prisoners with a serious mental illness, as
specified.
27)States this program shall not rely upon any other state or
county funding not expressly authorized. This program however
shall pay for that portion not covered by Medi-Cal, Medicare,
SSI or any other entitlement to the individual being served.
28)States CDCR, in order to develop comprehensive case management
plans consistent with the Mental Health Services Continuum
Program, shall establish prison in-reach protocols that include
collaboration and cooperation with service providers who are
likely to serve program participants in the designated
counties.
29)Provides that prior to the release of each program
participant, the department shall work with each participant,
the relevant integrated service provider, the relevant housing
provider, and other relevant providers to develop a discharge
plan that includes:
a) Stable and affordable housing that is appropriate to
serve the individual's needs, including permanent supportive
housing where necessary. In the event that permanent
affordable housing is not available, a participant may be
placed in transitional supportive housing, and the
integrated service provider selected pursuant to the above
mentioned philosophies, principles and practices shall
develop a plan to place the participant in permanent
supportive housing before the end of the parole period;
b) Job placement or application for federal or state benefit
entitlements including, but not limited to, Social Security
Disability Insurance, Supplemental Security Income,
veterans' benefits, CalWORKs, Medicaid, food stamps or
general relief with the goal of income or benefits being
available immediately upon release;
c) Application for federally, state, or locally funded
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housing assistance programs; and,
d) Obtainment of state-issued identification.
30)Provides CDCR shall report to the Legislature on or before May
1 of each year in which additional funding is provided, and
shall evaluate, at a minimum, the effectiveness of the
strategies for parolees in reducing homelessness, recidivism,
involvement with local law enforcement, and other measures
identified by the department.
31)States the evaluation shall include for each program funded in
the current fiscal year as much of the following as available
information permits:
a) The number of persons served, and of those, the number
who receive extensive community mental health services;
b) The number of persons who are able to maintain housing,
including the type of housing and whether it is emergency,
transitional, or permanent housing, as defined by the
department;
c) The amount of funding spent on each type of housing and
other local, state, or federal funds or programs used to
house clients;
d) The number of persons with contacts with local law
enforcement and the extent to which local and state
incarceration has been reduced or avoided;
e) The number of persons participating in employment service
programs including competitive employment;
f) The amount of hospitalization that has been reduced or
avoided;
g) The extent to which veterans identified through these
programs' outreach are receiving federally funded veterans'
services for which they are eligible; and,.
h) The extent to which programs funded for three or more
years are making a measurable and significant difference on
the street, in hospitals, and in jails, as compared to other
programs and in previous years.
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32)States CDCR may receive technical assistance from the
Department of Mental Health.
33)Creates a sunset date of January 1, 2012
34)States this program shall be paid for in part with $4 million
in wraparound and housing services for seriously mentally ill
parolees appropriated in the budget.
35)States provisions of this legislation shall be implemented
only to the extent that funds are appropriated. To the extent
that funds are made available, priorities shall include, but
not be limited to, maintaining funding for the existing
programs that meet adult system of care contract goals,
counties with a high incident of person who are severely
mentally ill and homeless or at risk of homelessness and meet
the criteria developed, as specified, and those that are
discharged from a jail or have successfully completed parole.
36)Authorizes CDCR to contract with counties or private providers
for the provision of any of the services described in this
bill. Methods to contract for services shall promote prompt
and flexible use of funds, consistent with the scope of
services for which CDCR has contracted with each provider.
37)Includes police, sheriffs and judges in the list of persons
who may receive outreach services based on likelihood of
contact with untreated mentally ill patients.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis:
1)MHCs :
a) No direct state costs for MHCs, as this bill is
permissive and does not require specific actions.
b) To the extent this bill results in additional MHCs
(currently 28 counties operate 39 MHCs), there could be
moderate General Fund costs in the range of one additional
personnel-year per court. (The Judicial Counsel estimates
an additional cost of $35,000 to $100,000 per court, while
the LAO estimates no additional cost, assuming a MHC will
result in marginally lower costs than the traditional court
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process, as is the case with drug courts.
c) To the extent MHCs result in fewer SMI offenders
sentenced to state prison, there would be significant annual
net General Fund savings, potentially in the low tens of
millions of dollars.
Presumably Proposition 63 funds and local mental health
programs would bear the brunt of these costs. (Proposition
63, 2004, established a one percent tax on taxable personal
income above $1 million to fund expanded mental health
services.)
2)CDCR comprehensive mental health system of care pilot program :
a) Annual General Fund costs, in the range of $5 million,
for enhanced mental health services for SMI parolees,
assuming additional costs of $15,000 per parole.
b) To the extent the systems of care pilot results in fewer
parolees returning to state prison, there would be minor
annual General Fund savings.
COMMENTS : According to the author, "The missing element of
corrections reform is mental health care. This bill looks at the
continuum of an offender's experience from pre-booking to
post-parole and provides for mental health needs when
appropriate. The proposed remedies are based on importing the
Systems of Care approach, which has been proven effective by
objective evaluation and solid performance measures. The
solution in this bill is in routing mentally ill offenders into
services as early as possible, thereby treating their needs,
stabilizing their illness, increasing their ability to fully
incorporate into the living situation around them, and reducing
the likelihood that they will re-offend."
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
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FN: 0002991