BILL ANALYSIS
SB 1265
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Date of Hearing: June 15, 2010
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1265 (Dutton) - As Amended: April 13, 2010
SUMMARY : Authorizes the Forensic Conditional Release Program
(CONREP), providing outpatient services to judicially committed
persons released into the community, to inform local law
enforcement agencies of the names and addresses of persons
participating in a CONREP program in the agencies jurisdiction.
EXISTING LAW :
1)Requires the Department of Mental Health (DMH) to provide
mental health treatment and supervision in the community for
judicially committed persons. The program established by DMH
to provide these treatment services shall be known as CONREP.
[Welfare and Institutions Code (WIC) Section 4360(a).]
2)Provides that DMH may provide mental health treatment services
directly or through contract with private providers or
counties, including administrative and ancillary services
related to the provision of direct services. These contracts
shall be exempt from the requirements contained in the Public
Contract Code and the State Administrative Manual, and from
approval by the Department of General Services. [WIC Section
4360(b).]
3)States that any person committed to a state hospital or other
treatment facility after having been found NGI for the
commission of a violent felony may be placed on outpatient
status if all of the following conditions are satisfied:
a) The director of the state hospital or other treatment
facility to which the person has been committed advises the
court that the defendant would no longer be a danger to the
health and safety of others, including himself or herself,
while under supervision and treatment in the community, and
will benefit from treatment.
SB 1265
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b) The community program director advises the court that
the defendant will benefit from outpatient status, and
identifies an appropriate program of supervision and
treatment.
c) After actual notice to the prosecutor, defense counsel,
victim, or next of kin when notice has been requested and,
after a hearing in court, the court specifically approves
the recommendation and plan. [Penal Code Section 1603(a).]
4)Requires that evaluations and recommendations by the state
hospital or community program director as to outpatient
placement include consideration of complete information
regarding circumstances of the criminal offense and the
person's criminal history. [Penal Code Section 1603(c).]
5)Provides that in any hearing where the court considers a
recommendation and plan for outpatient treatment of a person
found not guilty by reason of insanity (NGI), the court shall
consider the circumstances and nature of the criminal offense
leading to the commitment and shall consider the person's
criminal history. [Penal Code Section 1604(c).]
FISCAL EFFECT : Unknown
COMMENTS : According to the author, " While current law provides
significant oversight over licensed facilities, there is little,
if any , oversight regulating unlicensed facilities. Under
current law, c ounties are prohibited from informing local law
enforcement when CONREP participates reside within their
jurisdiction. Allowing local law enforcement to ability to be
notified of an unlicensed facility will enable them to more
quickly assess situations that may arise thereby limiting
potential harm to themselves, the community and the individual.
" Recently in Upland, California an unlicensed facility housed
seven CONREP residents at one time. One of the residents
apparently stabbed his fellow CONREP housemate to death. The
suspect had a 12 - hour window to flee from authorities before one
of the men's housemates found the victim's body in the garage.
The CONREP home in which the murder took place shared a fence
with a local elementary school. "
REGISTERED SUPPORT / OPPOSITION :
SB 1265
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Support
Bixby Way's Neighborhood Watch
California State Sheriffs' Association
Citrus Elementary School
City of Highland
City of Ontario
City of Rancho Cucamonga
City of Upland
City of Yucaipa
County of San Bernardino
League of California Cities Inland Empire Division
San Bernardino Area Chamber of Commerce
San Bernardino County District Attorney
San Bernardino County Sheriff's Office
Upland Police Department
Upland Unified School District Board of Education
Three private individuals
Opposition
National Alliance on Mental Illness
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744