Today's Law As Amended


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AB-1006 Prisoners: mental health treatment.(2015-2016)



As Amends the Law Today


SECTION 1.
 This act shall be known and may be cited as the Mental Health Justice Act.

SEC. 2.

 Chapter 16 (commencing with Section 1425) is added to Title 10 of Part 2 of the Penal Code, to read:

CHAPTER  16. Mental Health Treatment
1425.
 (a) 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 or county jail, the defendant or the prosecutor may submit evidence that the defendant suffers from a diagnosable mental illness that was a substantial factor that contributed to the defendant’s criminal conduct. The evidence shall be filed after the defendant’s plea or conviction, but before his or her sentencing.
(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) (A) That the defendant 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 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) 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 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, of the defendant’s placement in the state prison or county jail.
(3) The Department of Corrections and Rehabilitation or the county jail authority, as applicable, regardless of the type of crime committed to prepare a postrelease mental health treatment plan six months prior to the defendant’s release to parole or postrelease community supervision. The treatment plan shall specify the manner in which the defendant will receive mental health treatment services following that release, and shall address, if applicable and in the discretion of the court, medication management, housing, and substance abuse treatment.
(d) (1) 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.
(2) The defendant, prosecutor, 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 or county jail system, respectively.
(3) The defendant, prosecutor, 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 postrelease mental health treatment plan.
(e) The defendant shall have the right to counsel for all proceedings under this section.
SEC. 3.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.