BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 851|
|Office of Senate Floor Analyses | |
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|327-4478 | |
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UNFINISHED BUSINESS
Bill No: SB 851
Author: Steinberg (D), et al
Amended: 9/6/07
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
SENATE FLOOR : 25-12, 6/7/07
AYES: Alquist, Calderon, Cedillo, Corbett, Ducheny,
Florez, Kehoe, Kuehl, Lowenthal, Machado, Maldonado,
Migden, Negrete McLeod, Oropeza, Padilla, Perata,
Ridley-Thomas, Romero, Scott, Simitian, Steinberg,
Torlakson, Vincent, Wiggins, Yee
NOES: Aanestad, Ackerman, Ashburn, Battin, Cogdill, Cox,
Denham, Dutton, Harman, Hollingsworth, McClintock, Wyland
NO VOTE RECORDED: Correa, Margett, Runner
ASSEMBLY FLOOR : Not available
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SUBJECT : Mentally ill offenders
SOURCE : California Council of Community Mental Health
Agencies
DIGEST : This bill 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.
Assembly Amendments gave prosecutors authority over which
defendants may or may not participate in a Mental Health
Court, addressed constitutional concerns regarding parole
violators using mental health courts, attempted to identify
ways of paying for parolee services other than through the
General Fund, and made other clarifying and technical
changes.
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.
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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. States the following objectives for mental health
court (MHC):
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 justice system and their time in jail by
making mental health services available in the least
restrictive environment possible while promoting
public safety.
1. States that mental courts shall have the following
characteristics:
A. Leadership by a superior court judicial officer
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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.
1. 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.
2. 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 illness and co-occurring disorders;
C. Eligibility criteria specifying what factors will
make the defendant eligible to participate in a
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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.
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1. States in developing a mental health court program,
each mental 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.
2. Authorizes the court to operate a pre-guilty plea
program, wherein criminal proceedings are suspended
without a plea of guilty for designated defendants.
3. 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.
4. 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.
5. 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 or her attorney.
6. States the deferred entry of judgment procedure is
intended to allow the court to set the hearing for
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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 or her attorney.
7. Provides the sole remedy of a defendant who is found
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 or her attorney in writing of
that determination.
8. 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
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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.
1. 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 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.
2. 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.
3. States an individual's duration in the mental health
court program shall not exceed the maximum sentence
plus probation or parole.
4. 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.
5. 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.
6. Authorizes BPH to revoke parole, where appropriate if
the parolee fails to successfully complete the mental
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health court program.
7. Includes a mental health court judicial officer on
the CDCR Advisory Committee on mental health
evidence-based practices and recommendations.
8. 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.
9. 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.
10. Declares using the guidelines and principles
developed under 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
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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.
1. 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.
2. States priority shall be given to parolees who, while
incarcerated, were deemed part of the Enhanced
Outpatient Program or who were in the Correctional
Clinical Case Management System. Consideration shall
be given for likelihood of homelessness upon release.
3. States once enrolled, each parolee shall remain
enrolled until 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.
4. 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.
5. 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.
6. 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.
7. Provides that prior to the release of each program
participant, the department shall work with each
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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 housing assistance programs; and,
D. Obtainment of state-issued identification.
1. 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.
2. 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;
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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.
1. States CDCR may receive technical assistance from the
Department of Mental Health.
2. Creates a sunset date of January 1, 2012
3. 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.
4. 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
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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.
5. 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.
6. 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 : Appropriation: No Fiscal Com.: Yes
Local: Yes
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
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.
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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.
SUPPORT : (Verified 9/10/07)
American Association for Marriage and Family Therapy,
California Division
American Federation of State, County and Municipal
Employees, AFL-CIO
Board of Behavioral Sciences
County Alcohol and Drug Program Administrators Association
of California
California Catholic Conference of Bishops
California Conference of Community Mental Health Agencies
California Medical Association
California Mental Health Directors Association
California Opioid Maintenance Providers
California Psychiatric Association
California Public Defenders Association
California Society for Clinical Social Work
Corporation for Supportive Housing
Crestwood Behavioral Health, Inc
Drug Policy Alliance Network
Friends Committee on Legislation
Los Angeles District Attorney's Office
Mental Health Association in California
Mental Health Association in San Diego County
Mental Health Association in Santa Barbara County
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NAMI California
Peace Officers Research Association of California
Sylmar Health and Rehabilitation Center
Taxpayers for Improving Public Safety
OPPOSITION : (Verified 9/10/07)
California District Attorneys Association
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 DCDR to create a pilot program to
provide comprehensive mental health and supportive services
to parolees with a serious mental illness, as specified,
(3) authorize Mental Health Court to be used by parolees
who have committed a new offense as an alternative to
ordering a parolee returned to prison, as specified, (4)
require CDCR, in consultation DMH, to "establish service
standards that ensure that prisoners with a serious mental
disorder are identified and receive services," and (5)
enact specified funding provisions."
ARGUMENTS IN OPPOSITION : CDAA opposes the bill and
writes the following, "Unfortunately, this bill lacks
detail in several important areas. The diversion program
envisioned by this bill is allowed to operate without a
defendant entering a plea or making an admission of guilt.
Additionally, criteria for participation in the program are
absent and there is no statutory hurdle to prevent persons
suspected of crimes like murder or kidnapping, to name only
two, from falling within the eligibility for the program.
These programs are not bound by any minimum time periods
for participation and completion of the diversion programs
occurs when unspecified criteria are met.
"Rather than clearly delineating the details, criteria and
operating constraints of these programs, the bill directs
the presiding judge and a group of persons called 'county
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stakeholders' to determine a plan that will govern the
operation of the mental health court. Clarity should be a
core feature of any statute and this bill leaves too many
questions unanswered."
CTW:nl 9/10/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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