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AB-154 Prisoners: mental health treatment.(2017-2018)

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Date Published: 09/08/2017 04:00 AM
AB154:v96#DOCUMENT

Enrolled  September 07, 2017
Passed  IN  Senate  August 31, 2017
Passed  IN  Assembly  September 05, 2017
Amended  IN  Senate  July 13, 2017
Amended  IN  Assembly  May 30, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 154


Introduced by Assembly Member Levine

January 11, 2017


An act to amend Section 1203.096 of the Penal Code, relating to prisoners.


LEGISLATIVE COUNSEL'S DIGEST


AB 154, Levine. Prisoners: mental health treatment.
Existing law requires a court, upon the conviction of a defendant of a felony resulting in his or her sentencing to state prison, to recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned if the court makes certain findings relating to his or her drug use.
This bill would require a court, upon the conviction of a defendant for a felony resulting in his or her sentencing to state prison, to recommend in writing that the defendant receive a mental health evaluation if the court finds that the defendant at the time of the commission of the offense was suffering from a serious mental illness or has a demonstrated history of mental illness.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1203.096 of the Penal Code is amended to read:

1203.096.
 (a) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (b), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned.
(b) The court shall make the recommendation specified in subdivision (a) if it finds that any of the following are true:
(1) That the defendant at the time of the commission of the offense was under the influence of any alcoholic beverages.
(2) That the defendant at the time of the commission of the offense was under the influence of any controlled substance.
(3) That the defendant has a demonstrated history of substance abuse.
(4) That the offense or offenses for which the defendant was convicted are drug related.
(c) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (d), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant receive a mental health evaluation.
(d) The court shall make the recommendation specified in subdivision (c) if it finds that either of the following are true:
(1) That the defendant at the time of the commission of the offense was suffering from a serious mental illness.
(2) The defendant has a demonstrated history of mental illness.