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SB-1253 Protective orders: mental health recovery program.(2019-2020)

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Date Published: 02/21/2020 02:00 PM
SB1253:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1253

Introduced by Senator Moorlach

February 21, 2020

An act to add Section 6343.1 to the Family Code, and to add Chapter 22 (commencing with Section 26255) to Division 20 of the Health and Safety Code, relating to mental health.


LEGISLATIVE COUNSEL'S DIGEST


SB 1253, as introduced, Moorlach. Protective orders: mental health recovery program.
Existing law authorizes a court to issue an order to restrain any person in order to prevent acts of domestic violence, abuse, and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek a resolution of the causes of the violence. Existing law further authorizes a court to, after notice and hearing, issue an order requiring the restrained party to participate in a batterer’s program, as specified.
This bill would, commencing July 1, 2021, after notice and hearing, authorize a court to issue an order requiring the restrained party to participate in a mental health recovery program approved by the Department of Public Health. The bill would provide that the 2 goals of the mental health recovery program are to stop domestic violence and help the mental health of the batterer. The bill would also require the Judicial Council to revise or promulgate forms for those purposes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6343.1 is added to the Family Code, to read:

6343.1.
 (a) After notice and a hearing, the court may issue an order requiring the restrained party to participate in a mental health recovery program approved by the Department of Public Health pursuant to Section 26256 of the Health and Safety Code.
(b) (1) Commencing July 1, 2021, if the court orders a restrained party to participate in a mental health recovery program pursuant to subdivision (a), the restrained party shall do all of the following:
(A) Register for the program by the deadline ordered by the court. If no deadline is ordered by the court, the restrained party shall register no later than 30 days from the date the order was issued.
(B) At the time of enrollment, sign all necessary program consent forms for the program to release proof of enrollment, attendance records, and completion or termination reports to the court and the protected party, or the protected party’s attorney. The court and the protected party and the protected party’s attorney may provide to the program a fax number or mailing address for purposes of receiving proof of enrollment, attendance records, and completion or termination reports.
(C) Provide the court and the protected party and the protected party’s attorney with the name, address, and telephone number of the program.
(2) By July 1, 2021, the Judicial Council shall revise or promulgate forms as necessary to effectuate this subdivision.
(c) The courts shall, in consultation with local domestic violence shelters and programs, develop a resource list of referrals to appropriate community domestic violence programs and services to be provided to each applicant for an order under this section.

SEC. 2.

 Chapter 22 (commencing with Section 26255) is added to Division 20 of the Health and Safety Code, to read:
CHAPTER  22. Mental Health Recovery Program

26255.
 For purposes of this chapter, “department” means the Department of Public Health.

26256.
 The department shall approve, in consultation with domestic violence shelters and programs, a mental health recovery program for batters which may include, but is not limited to, lectures, classes, group discussions, and counseling.
(a) The two goals of a mental health recovery program under this section shall be to stop domestic violence and to help the mental health of the batterer.
(b) The mental health recovery program shall also include a sliding fee schedule based on the defendant’s ability to pay. The mental health recovery program shall develop and utilize a sliding fee scale that recognizes both the defendant’s ability to pay and the necessity of programs to meet overhead expenses. An indigent defendant may negotiate a deferred payment schedule, but shall pay a nominal fee, if the defendant has the ability to pay the nominal fee. Upon a hearing and a finding by the court that the defendant does not have the financial ability to pay the nominal fee, the court shall waive this fee. The acceptance policies shall be in accordance with the scaled fee system.