1425.
(a) (1)If a defendant has pled guilty or nolo contendere to, or been convicted of, an offense that will result in a sentence to state prison, prison or county jail, the defendant or the prosecutor may file a petition for a hearing to determine if submit
evidence that the defendant suffers from a diagnosable mental illness. illness that was a substantial factor that contributed to the defendant’s criminal conduct.
The petition evidence shall be filed after the defendant’s plea or conviction, but before his or her sentencing.(2)If a defendant has pled guilty or nolo contendere to, or been convicted of, an offense that will result in a sentence to state prison, the court, on its own motion, may order the hearing described in paragraph (1).
(b)A petition filed pursuant to paragraph (1) of subdivision (a) shall allege that the defendant suffers from a diagnosable mental illness and requests mental health treatment.
(c)Upon the filing of a petition pursuant to paragraph (1) of subdivision (a), or upon its own motion pursuant to paragraph (2) of subdivision (a), the court shall set an evidentiary hearing, to be heard in conjunction with the defendant’s sentencing, to determine whether the defendant suffers from a diagnosable mental illness.
(d)If, after the hearing described in subdivision (c), the court determines by a preponderance of evidence that the defendant suffers from a diagnosable mental illness, the court shall order one or more of the following:
(b) If evidence is submitted pursuant to subdivision (a), the court shall consider that evidence in conjunction with the defendant’s sentencing.
(c) Upon consideration of the evidence submitted pursuant to subdivision (a), notwithstanding any other law, if the court determines that it is in the best interests of public safety, the court may order one or more of the following:
(1) Order that (A) That the defendant serve
serve, if the defendant agrees, all or a part of his or her sentence in a residential mental health treatment facility instead of in the state prison,
prison or county jail, unless that placement would pose an unreasonable risk of danger to public safety.
(B) This paragraph does not apply to a defendant subject to Section 1170.12.
(2) Order the The Department of Corrections and Rehabilitation
or county jail authority, as applicable, to place the defendant in a mental health program within the state prison, prison or county jail system, respectively, at a level of care determined to be appropriate by the department’s mental health staff or county mental health staff, within 30 days days, of the defendant’s placement in the state prison, or sooner upon order of the court.
prison or county jail.
(3) Order the The Department of Corrections and Rehabilitation or the county jail authority, as applicable, regardless of the type of crime committed to prepare a post-release postrelease mental health treatment plan six months prior to the defendant’s release from custody.
to parole or postrelease community supervision. The treatment plan shall specify the manner in which the defendant will receive mental health treatment services following release from custody, that release, and shall address, if applicable and in the discretion of the court, medication management, housing, and substance abuse treatment.
(e)
(d) (1) (A)The
defendant or prosecutor may, at any time, petition the court for approval to transfer the defendant from a residential mental health treatment facility to a mental health program within the state prison
or county jail for the remainder of the defendant’s sentence.
(B)
(2) The defendant, prosecutor, or Department of Corrections and Rehabilitation or county jail authority, as applicable, may, at any time, petition the court for permission to remove the defendant from a mental health program within the state prison.
prison or county jail system, respectively.
(C)
(3) The defendant, prosecutor, or
Department of Corrections and Rehabilitation or county jail authority, as applicable, may, at any time, petition the court for dismissal of the requirement that the Department of Corrections and Rehabilitation
or county jail authority, respectively, prepare a post-release postrelease mental health treatment plan.
(2)The court shall approve a petition described in paragraph (1) only if the court determines by a preponderance of the evidence that approving the petition is in the best interest of the defendant.
(f)
(e) The defendant shall have the right to counsel for all proceedings under this section.