BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1769|
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THIRD READING
Bill No: SB 1769
Author: Chesbro (D)
Amended: 4/13/00
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-0, 4/25/00
AYES: Vasconcellos, Burton, Johnston, McPherson
NOT VOTING: Polanco, Rainey
SENATE HEALTH & HUMAN SERV. COMMITTEE : 6-1, 5/10/00
AYES: Escutia, Figueroa, Hughes, Polanco, Solis,
Vasconcellos
NOES: Mountjoy
NOT VOTING: Haynes, Morrow
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Mental health courts
SOURCE : Author
DIGEST : This bill would allow counties to receive
funding for mental health courts through and existing grant
program for programs for mentally ill inmates and to
establish basic requirements for such a court in order for
it to be eligible for such a grant.
ANALYSIS : Existing law provides that the Board of
Corrections shall administer and award mentally ill
offender crime reduction grants on a competitive basis to
counties that expand or establish a continuum of swift,
CONTINUED
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certain, and graduated responses to reduce crime and
criminal justice costs related to mentally ill offenders.
Existing law provides that to be eligible for a grant each
county shall develop a comprehensive plan for providing
cost-effective continuum of graduated responses including
prevention, intervention, and incarceration for mentally
ill offenders.
This bill provides that a component of the comprehensive
mental health plan described above may be the development
and implementation of a mental health court.
This bill provides that the objectives of the mental health
court shall be:
1.Increased cooperation between the criminal justice system
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.
This bill provides that the mental health court shall
provide for 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.
This bill provides that defendants may be referred to the
mental health court by a number of sources including but
not limited to the police, attorneys, family members,
probation officers, the district attorney, the public
defender, jail personnel, or another court.
Existing law provides that the Board of Corrections, in
consultation with the State Department of Mental Health and
the State Department of Alcohol and Drug Programs shall
award grants that provide funding for four years to
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supplement funding for existing programs. The funding
shall not be used to facilitate the early release of
prisoners or alternatives to incarceration.
Existing law provides that 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.
This bill provides that preference for the above grants
shall be given to crime reduction grant proposals that
establish or implement a mental health court as described
in this bill.
Grant Program
Existing law provides that the Board of Corrections shall
administer and award mentally ill offender crime reduction
grants on a competitive basis to counties that expand or
establish a continuum of swift, certain, and graduated
responses to reduce crime and criminal justice costs
related to mentally ill offenders (Mentally Ill Offender
Crime Reduction Grant [MIOCRG]. Counties must submit local
plans created by a strategy committee which includes at a
minimum the local sheriff, the chief probation officer, the
county mental health director, a superior court judge, a
client of a mental health facility, and a provider of
mental health in the region. The local plans are then
reviewed by the Board of Corrections in consultation with
the State Department of Mental Health and the State
Department of Alcohol and Drug Programs.
According to the Board of Corrections Analysis of MIOCRG
Local Plans in March 1999, the Board of Corrections
received a total of 44 Local Plans from 45 counties. The
counties were fairly evenly divided between large, medium,
and small counties and are from throughout California.
MIOCRG currently supports demonstration projects in 15
counties.
In reviewing the needs expressed by the Local Plans, the
Board of Corrections noted "a large number of Local Plans
recognized that in many cases successful reintegration will
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not happen without involving the courts." A number of
counties cited the need for specialized-court orders and
others also cited the need for a specialized court.
This bill provides that a preference shall be given to
crime reduction grant proposals that establish or implement
a mental health court.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/24/00)
Peace Officers Research Association of California
California Council of Mental Health Agencies
Mental Health Association of California
California Psychological Association
California Health Care Association
California Psychiatric Association
ARGUMENTS IN SUPPORT : According to the author,
"research tells us that California spends in excess of
$315 million on persons with mental illness who are
repeatedly placed in county jails for violations of the
law, often quite minor. This bill seeks to reduce
these costs by encouraging counties to develop a
specialized mental health court which would identify
appropriate mentally ill offenders, place them into
appropriate community-based programs, and monitor their
compliance with their treatment program. Studies show
that mentally ill persons who have treatment and
stability do not commit crimes.
"According to national figures, an estimated 7.2% of
inmates were reported to suffer from serious mental
illness according to a joint report of the National
Alliance for the Mentally Ill and the Public Citizen's
Health Research Group. Nearly one-third of the jails
surveyed had seriously mentally ill individuals in
custody without filing criminal charges against them.
Most others held inmates on lesser charges such as
disorderly conduct, trespassing, and drunkenness. Once
mentally ill persons are jailed, their psychiatric and
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medical consequences worsen. More than 20% of jails
have no access to mental health services of any kind,
and the vast majority provides little or no training to
corrections officers in treating the mentally ill.
Despite even the best intentions of prison officials,
inmates with mental illness are often abused by other
inmates, are exposed to deadly diseases, or commit
suicide (according to a report in the American Bar
Association Journal, "Special Treatment," June 1998).
"In California, the total impact of the mentally ill on
the criminal justice and corrections system is
estimated to be $1.2 billion and $1.8 billion. 8% to
20% of state prison inmates are seriously mentally ill.
Between 7.2% and 15% of county inmates have a serious
mental illness. It is conservatively estimated that
10% of all arrestees are seriously mentally ill
(Pacific Research Institute for Public Policy in
"Corrections, Criminal Justice, and the Mentally Ill:
Some Observations About Costs in California," September
1966).
"Very often, a person's untreated mental illness is
directly responsible for the behavior, which led to his or
her arrest. Further, increasing demand for jail and prison
space typically leads to the early release of many
offenders with mental illness who are returned to the
community without services or supports and are likely to
re-offend."
RJG:sl 5/24/00 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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