BILL NUMBER: SB 1769 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 14, 2000
AMENDED IN ASSEMBLY JUNE 7, 2000
AMENDED IN SENATE APRIL 13, 2000
INTRODUCED BY Senator Chesbro
FEBRUARY 23, 2000
An act to amend Section 6045.6 of, and to add
Section 6045.3 to, the Penal Code, relating to mental health courts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1769, as amended, Chesbro. Mental health courts.
(1) Existing law requires the Board of Corrections, in
consultation with the State Department of Mental Health and the State
Department of Alcohol and Drug Programs, to establish minimum
standards, funding schedules, and procedures for awarding grants
relating to programs for mentally ill inmates.
This bill would require the board to encourage counties to submit
crime reduction grant proposals to establish or implement a mental
health court, as described in (2).
(2) Existing
Existing law establishes various court diversion and
alternate sentencing procedures and programs for specified crimes and
defendants. Among other things, the Board of Corrections awards and
administers grants to counties that administer a program to reduce
crime and costs related to mentally ill offenders.
This bill would provide that this program may provide for the
development and implementation of a mental health court. The bill
would specify the objectives of the mental health court, which shall
provide a single point of contact where a defendant with a mental
disability may receive court-ordered treatment and support services
in connection with a diversion from prosecution, a sentencing
alternative, or a term of probation. The bill would provide that a
mental health court shall meet specified criteria, including referral
sources, standards for acceptance, participation, and graduation,
the utilization of specified local officials as designated staff, and
the provision of individualized treatment resources through
community mental health providers and other agencies. This bill
would also provide that the county mental health department shall
provide initial and ongoing training for designated staff on the
nature and symptoms of mental illness and on the treatment and
supportive services available in the community.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6045.3 is added to the Penal Code, to read:
6045.3. (a) A component of the comprehensive plan described in
Section 6045.2 may be the development and implementation of a mental
health court.
(b) For purposes of this section, a mental health court shall have
the following objectives:
(1) Increased cooperation between the criminal justice and mental
health systems.
(2) Faster case processing time.
(3) Improved access to necessary services and support.
(4) Improved well-being for offenders with mental illness.
(5) Reduced recidivism.
(c) The mental health court shall provide a single point of
contact where a defendant with a mental disability may receive
court-ordered treatment and support services in connection with a
diversion from prosecution, a sentencing alternative, or a term of
probation.
(d) The mental health court shall meet the following criteria:
(1) Defendants may be referred to the mental health court from a
variety of sources, including, but not limited to, police, attorneys,
family members, probation officers, the district attorney, the
public defender, jail personnel or another court.
(2) The court shall develop standards for acceptance into,
continuing participation in, and graduation from, the mental health
court program.
(3) The mental health court shall utilize designated staff which
include, but is not limited to, a presiding judge, prosecutor, public
defender, county mental health liaison, and probation officer.
(4) The county mental health department shall provide initial and
ongoing training for designated staff, as needed, on the nature of
mental illness and on the treatment and supportive services available
in the community.
(5) A mental health court shall utilize community mental health
providers and other agencies to offer defendants access to
individualized treatment services.
SEC. 2. Section 6045.6 of the Penal Code is amended to read:
6045.6. (a) The Board of Corrections, in consultation with the
State Department of Mental Health and the State Department of Alcohol
and Drug Programs, shall establish minimum standards, funding
schedules, and procedures for awarding grants, which shall take into
consideration, but not be limited to, all of the following:
(1) Percentage of the jail population with severe mental illness.
(2) Demonstrated ability to administer the program.
(3) Demonstrated ability to develop effective responses to provide
treatment and stability for persons with severe mental illness.
(4) Demonstrated history of maximizing federal, state, local, and
private funding sources.
(5) Likelihood that the program will continue to operate after
state grant funding ends.
(b) The board shall encourage counties to submit crime reduction
grant proposals to establish or implement a mental health court, as
described in Section 6045.3.