BILL ANALYSIS
SB 1769
Page 1
Date of Hearing: June 13, 2000
Counsel: Angelo Butler
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Carl Washington, Chair
SB 1769 (Chesbro) - As Amended: June 7, 2000
SUMMARY : Provides for funding of a mental health court through
an existing mentally ill offender crime reduction grant program,
and establishes basic requirements for a mental health court in
order for it to be eligible for such a grant. Specifically,
this bill :
1)Provides that a component of a comprehensive mental health
plan for each county may be the development and implementation
of a mental health court.
2)Specifies the objectives and requirements of a mental health
court.
3)Provides that the Board of Corrections (BOC) shall encourage
counties to submit crime reduction grant proposals to
establish or implement a mental health court.
EXISTING LAW :
1)Provides that the BOC 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. (Penal Code
Section 6045.)
2)Provides that to be eligible for a grant, each county shall
establish a committee that develops a comprehensive plan for
providing cost-effective continuum of graduated responses,
including prevention, intervention and incarceration, for
mentally ill offenders. (Penal Code Section 6045.2.)
3)Provides that the BOC, in consultation with the Department of
Alcohol and Drug Programs (DADP), shall award grants that
provide funding for four years to supplement funding for
SB 1769
Page 2
existing programs and shall not be used to facilitate the
early release of prisoners or alternatives to incarceration.
(Penal Code Section 6045.4.)
4)Provides that the BOC, in consultation with the Department of
Mental Health and the DADP, shall establish minimum standards,
funding schedules, and procedures for awarding grants. (Penal
Code Section 6045.6.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Research tells
us that California spends in excess of $315 million on persons
with a mental illness who are repeatedly placed in county
jails for violations of the law, often quite minor. SB 1769
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.
"In California, the total impact of the mentally ill on the
criminal justice system is estimated to be in the billions.
Between 8% and 20% of state prison inmates are seriously
mentally ill. Between 7.2% and 15% of county inmates have a
seriously mental illness. 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 and end up back in court.
"Mental health courts are a good way to get a handle on this
issue and encourage county mental health services and the
courts to collaborate in addressing this issue."
2)Proposed Mental Health Court : 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.
A mental health court shall meet the following criteria:
SB 1769
Page 3
a)The defendants may be referred to the mental health court
from a variety of sources, including police, family
members, probation officers, the district attorney, the
public defender, jail personnel or another court.
b)The court shall develop standards for acceptance into,
continued participation in, and graduation from, the mental
health court program.
c)The mental health court shall use and provide ongoing
training in mental health for designated staff.
d)The mental health court shall utilize community mental
health providers and other agencies to offer defendants
access to individualized treatment services.
3)Mentally Ill Offender Crime Reduction Grant (MIOCRG) Program :
In July 1999, the United States Department of Justice reported
that there were approximately 11,500 mentally ill inmates in
California county jails. According to the Pacific Research
Institute, California's annual jail and probation costs for
mentally ill offenders exceed $300 million.
Existing law provides that the BOC 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 - the
MIOCRG program created by the Legislature in 1998. As part of
the MIOCRG application process, counties submitted local plans
to the BOC identifying specific needs for improving their
effectiveness in responding to mentally ill offenders.
In the category of "Judicial Process", approximately one-third
of the plans cited the need for a special court/liaison to
facilitate the disposition of mentally ill offenders. This
need includes creating or expanding a mental health court
and/or using an individual/team to interface with the courts
on behalf of mentally ill offenders. ("MIOCRG Program", BOC
Staff Report, March 2000.)
REGISTERED SUPPORT / OPPOSITION :
Support
SB 1769
Page 4
California Council of Community Mental Health Agencies
California Healthcare Association
California Psychiatric Association
California Psychological Association
FamiliesFirst
Mental Health Association in California
Peace Officers Research Association of California (PORAC)
Opposition
None on File
Analysis Prepared by : Angelo Butler / PUB. S. / (916)
319-3744