BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1265|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 1265
Author: Dutton (R), et al
Amended: 4/13/10
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/6/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Conditional release: forensic mental patients
SOURCE : City of Upland
County of San Bernardino
DIGEST : This bill authorizes a conditional release
program (CONREP) providing outpatient treatment to forensic
mental health patients (generally, mentally disordered
persons placed in treatment from the criminal justice
system) to inform local law enforcement of the identity and
address of a person in a CONREP program.
ANALYSIS : Existing law provides that the Department of
Mental Health shall provide mental health treatment and
supervision in the community for judicially committed
persons, as specified. Existing law provides that the
department may provide these services directly or through
contract with private providers or counties, including
administrative and ancillary services related to the
CONTINUED
SB 1265
Page
2
provision of direct services. Existing law provides that
the program established and administered by the department
to provide services pursuant to this authority shall be
known as the Forensic Conditional Release Program.
This bill provides, notwithstanding applicable medical
privacy rules for persons committed to mental health
treatment programs, that CONREP programs may inform local
law enforcement of "the names and addresses of program
participants who reside within that agency's jurisdiction."
This bill specifies that providing this notice does not
relieve a person or entity of any statutory duty.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/26/10)
City of Upland (co-source)
County of San Bernardino (co-source)
Bixby Way's Neighborhood Watch
Block Captain
California State Sheriffs' Association
Cities of Highland, Ontario, Rancho Cucamonga, and Yucaipa
City of Upland Police Department
League of California Cities Inland Empire Division
San Bernardino Area Chamber of Commerce
San Bernardino County Board of Supervisors
San Bernardino County District Attorney
San Bernardino Sheriff
Upland Unified School District
ARGUMENTS IN SUPPORT : According to the author:
"A recent murder in Upland, CA has highlighted the need
for increased oversight of CONREP program participants
residing in unlicensed facilities.
"The brutal murder took place in an unlicensed facility
that shared a fence with a local elementary school.
Seven CONREP participants were living in the facility
when one of the program participants stabbed another
participant multiple times. Twelve hours after the
CONTINUED
SB 1265
Page
3
incident occurred, the victim's body was found lying in a
pool of blood in the garage by a fellow roommate.
"CONREP provides community-based services for specified
court-ordered forensic individuals, including: Not Guilty
by Reason of Insanity, Mentally Disordered Offenders, and
felony Incompetent to Stand Trial. The Department of
Mental Health contracts with either local governments or
private vendors for services. Program participants
reside in licensed or unlicensed facilities, depending on
their level of care. Although current law provides
significant oversight over licensed facilities, there is
little, if any oversight of unlicensed facilities.
"The courts and CONREP program operators are currently
prohibited from informing local law enforcement when
CONREP program participants reside in their jurisdiction.
"This bill would provide needed oversight of Conditional
Release Program (CONREP) participants residing in
unlicensed facilities. In particular, this bill would
allow the courts or CONREP program operators to inform
local police departments when CONREP program participants
reside in their jurisdiction."
RJG:mw 4/27/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED