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AB-870 Prisoners: mental health treatment.(2017-2018)

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Date Published: 01/03/2018 02:19 PM
AB870:v97#DOCUMENT

Amended  IN  Assembly  January 03, 2018
Amended  IN  Assembly  April 18, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 870


Introduced by Assembly Member Levine

February 16, 2017


An act to repeal Section 49 of Senate Bill 1 of the 2017–18 Regular Session, relating to transportation. An act to amend Section 1203.096 of the Penal Code, relating to prisoners.


LEGISLATIVE COUNSEL'S DIGEST


AB 870, as amended, Levine. Transportation programs: guidelines. Prisoners: mental health treatment.
Existing law requires a court, upon the conviction of a defendant of a felony resulting in 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 the defendant’s drug use.
This bill would require a court, upon the conviction of a defendant for a felony resulting in 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.

The Administrative Procedure Act generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. The Road Repair and Accountability Act of 2017, which is Senate Bill 1 of the 2017–18 Regular Session, generally provides that guidelines adopted to implement transportation programs in the act by various state agencies are exempt from the Administrative Procedure Act. The Road Repair and Accountability Act of 2017 also contains specific exemptions for various programs in the act from the Administrative Procedure Act.

This bill would repeal the general exemption.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   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.

SECTION 1.Section 49 of Senate Bill 1 of 2017–18 Regular Session is repealed.