BILL ANALYSIS
SB 1769
Page 1
SENATE THIRD READING
SB 1769 (Chesbro)
As Amended August 14, 2000
Majority vote
SENATE VOTE :25-10
PUBLIC SAFETY 5-2 HEALTH 9-5
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|Ayes:|Washington, Cedillo, |Ayes:|Gallegos, Corbett, Cox, |
| |Firebaugh, Keeley, Romero | |Kuehl, Thomson, Vincent, |
| | | |Wayne, Wesson, Wildman |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Battin, Oller |Nays:|Bates, Aanestad, |
| | | |Granlund, Runner, Zettel |
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APPROPRIATIONS 14-6
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|Ayes:|Migden, Alquist, Aroner, | | |
| |Cedillo, Corbett, Davis, | | |
| |Kuehl, Papan, Romero, | | |
| |Shelley, Thomson, Wesson, | | |
| |Wiggins, Wright | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Campbell, Ackerman, | | |
| |Ashburn, Brewer, Runner, | | |
| |Zettel | | |
| | | | |
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SUMMARY : Provides for the development and implementation 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
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court 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.
EXISTING LAW provides that:
1)The Board of Corrections (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.
2)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.
3)BOC, in consultation with the Department of Mental Health
(DMH) and the Department of Alcohol and Drug Programs (DADP),
shall award grants that provide funding for four years to
supplement funding for existing programs and shall not be used
to facilitate the early release of prisoners or alternatives
to incarceration.
4)BOC, in consultation with the DMH and the DADP, shall
establish minimum standards, funding schedules, and procedures
for awarding grants.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis:
1)Negligible costs for BOC to encourage counties to include
mental health courts in grant proposals, but by requiring BOC,
which awards the grants, to encourage counties to propose
mental health courts, it can be argued that this bill
essentially creates a new program by redirecting funds from an
existing program.
2)No cost to authorize counties to include mental health courts
as part of a comprehensive mental health plan.
COMMENTS : According to the author, "Research tells us that
California spends in excess of $315 million on persons with a
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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."
Please see the policy committee analysis for a more
comprehensive discussion of this bill.
Analysis Prepared by : Angelo Butler / PUB. S. / (916) 319-3744
FN: 0005836