BILL ANALYSIS �
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THIRD READING
Bill No: AB 1016
Author: Achadjian (R)
Amended: 8/15/11 in Senate
Vote: 27
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/28/11
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : 9-0, 8/25/11
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Runner, Steinberg
ASSEMBLY FLOOR : 75-0, 5/26/11 (Consent) - See last page
for vote
SUBJECT : Mentally disordered offenders: trial costs
SOURCE : San Luis Obispo County
DIGEST : This bill clarifies that commencing January 1,
2012, a county to be reimbursed for specified nontreatment
costs incurred that are associated with a trial of a
mentally disordered offender. This bill requires the
specified costs to be paid by the Department of Corrections
and Rehabilitation.
ANALYSIS : Existing law states that a prisoner who is
otherwise eligible for parole may be committed for
treatment by the Department of Mental Health if the
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following criteria are met:
A. He/she has a serious mental disorder that is not
is remission or cannot be kept in remission without
treatment.
B. The severe mental disorder was one of the causes
of or was an aggravating factor in the commission of
a crime for which the prisoner was sentenced for
prison.
C. The prisoner has been in treatment for the severe
mental disorder for 90 days or more within the year
prior to the prisoner's parole or release.
D. Prior to the prisoner's release or parole, a
practicing psychologist or psychiatrist from the
state Department of Mental Health (DMH) have
evaluated the prisoner and a chief psychiatrist of
CDCR has certified that the prisoner has a severe
mental disorder, that the disorder is not in
remission, or cannot be kept in remission without
treatment, that the severe mental disorder was one of
the causes or was an aggregating factor in prisoner's
criminal behavior, that the prisoner has been in
treatment for the severe mental disorder for 90 days
or more prior to release, and that because of his or
her severe mental disorder the prisoner represents a
substantial danger of physical harm to others.
E. The prisoner was sentenced to a determinate
sentence for specified crimes. (Penal Code Section
2962.)
Existing law entitles a city, county or superior court to
reimbursement for reasonable and necessary costs connected
with state prisons or prisoners in connection with any of
the following:
A. Any crime committed in a state prison, whether
by a prisoner, employee, or other person.
B. Any crime committed by a prisoner in furtherance
of an escape, as specified.
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C. Any hearing on any return of a writ of habeas
corpus prosecuted by or on behalf of a prisoner.
D. Any trial or hearing on the question of the
sanity of a prisoner:
E. Any costs not otherwise reimbursable related to
extradition of a prisoner.
F. Any costs incurred by a coroner in connection
with the death of a prisoner.
G. Any costs incurred in transporting a prisoner
within the host county or as requested by the
prison facility or incurred for extra security
while the prisoner is outside a state prison.
H. Any crime committed by a state inmate at a state
hospital for the care, treatment, and education of
the mentally disordered, as specified. (Penal Code
Section 4750.)
Existing law states that no city, county, or other
jurisdiction may file for reimbursement under this section
more than six months after the close of the month in which
the costs were incurred. (Penal Code Section 4750(j).)
Existing law states that a financial officer or other
designate official of a county shall make statement of
non-treatment and treatment costs related to a hearing for
specified prison or state hospital related offenses, to be
certified by the judge of the superior court of that
county, and sent to the controller for approval. Upon
approval, the county shall be reimbursed for all
non-treatment related costs from a fund appropriated by the
Legislature. (Welfare and Institutions Code Section
4117(a).)
This bill clarifies that commencing January 1, 2012, and
approved by the State Controller, the state will continue
to reimburse counties for trial costs for mentally
disordered offenders, as specified.
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FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Reimbursement for Costs
potentially in excess of $1,400 General
nontreatment trial annually to CDCR
costs for MDOs
SUPPORT : (Verified 8/25/11)
San Luis Obispo County (source)
ARGUMENTS IN SUPPORT : The author states, "Current law
requires reimbursement for MDO trial costs but does not
specify which funds should be used to make such
reimbursements. Assembly Bill 1016 would clarify that the
State Controller can reimburse a county for the
non-treatment costs associated with conducting Mentally
Disordered Offender (MDO) Trials, which the county is
already owed pursuant to existing law, from monies
appropriated by the Legislature for the purpose of
reimbursing cities and counties for prison and prisoner
related costs."
ASSEMBLY FLOOR :
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Carter,
Chesbro, Conway, Cook, Dickinson, Donnelly, Eng, Feuer,
Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani,
Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Roger Hern�ndez, Hill, Huber, Hueso,
Huffman, Jeffries, Knight, Lara, Logue, Bonnie Lowenthal,
Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell,
Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel
P�rez, Portantino, Silva, Skinner, Smyth, Solorio,
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Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. P�rez
NO VOTE RECORDED: Campos, Cedillo, Davis, Gorell, Jones
RJG:do 8/29/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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