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SB-1427 Homeless and Mental Health Court and Transitioning Home Grant Programs.(2021-2022)

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Date Published: 06/21/2022 09:00 PM
SB1427:v98#DOCUMENT

Amended  IN  Assembly  June 21, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1427

Introduced by Senator Ochoa Bogh
(Coauthors: Senators Borgeas, Dahle, Glazer, Grove, Jones, Nielsen, and Umberg)
(Coauthors: Assembly Members Chen, Lackey, and Nguyen)

February 18, 2022

An act to add and repeal Article 7 (commencing with Section 6048) and Article 8 (commencing with Section 6049) of Chapter 5 of Title 7 of Part 3 of the Penal Code, relating to the Board of State and Community Corrections. criminal law.


LEGISLATIVE COUNSEL'S DIGEST


SB 1427, as amended, Ochoa Bogh. Board of State and Community Corrections: Homeless and Mental Health Court and Transitioning Home Grant Programs.
Existing law establishes the Board of State and Community Corrections. Existing law charges the board with providing the statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system.
Under existing law, the board administers several grant programs, including a mentally ill offender crime reduction grant program, a medication-assisted treatment grant program, and a violence intervention and prevention grant program.
This bill would establish two new grant programs administered by the board: programs: the Homeless and Mental Health Court Grant Program that would, subject to an appropriation by the Legislature, be administered by the Judicial Council and provide grants to counties for the purpose of establishing or expanding homeless courts and mental health courts, as specified; and the Transitioning Home Grant Program that would, subject to an appropriation by the Legislature, be administered by the board and provide grants to county sheriffs and jail administrators to fund programs aimed at reducing homelessness among inmates released from custody, as specified.
The bill would require the board and council to prepare and submit reports to the Legislature, as specified, regarding the impacts of these the grant programs. program under their jurisdiction.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Article 7 (commencing with Section 6048) is added to Chapter 5 of Title 7 of Part 3 of the Penal Code, to read:
Article  7. Homeless and Mental Health Court Grant Program

6048.
 (a) The Homeless and Mental Health Court Grant Program is hereby created and shall be administered by the Board of State and Community Corrections. Judicial Council.
(b) The board council shall award grants, on a competitive basis, to counties, as authorized by this article. The board council shall establish minimum standards, funding schedules, and procedures for awarding grants to counties that have established a mental health court, homeless court, or hybrid collaborative that incorporates the features of both a mental health court and a homeless court or to counties that commit to doing so upon receipt of funding pursuant to the grant.
(c) Homeless and Mental Health Grant Program funds may be used by recipient counties for any one or more of the following purposes:
(1) Salaries and related costs for county personnel to provide mental health evaluation, housing navigation services, drug treatment referral, or other risk and needs evaluation for criminal defendants charged with a misdemeanor or infraction offense, or who are convicted of a misdemeanor or infraction offense, and are homeless, at risk of homelessness upon release from jail, or who suffer from a mental disorder that was a significant factor in the commission of the charged misdemeanor or infraction offense.
(2) Establishment or expansion of, a mental health court, homeless court, or hybrid collaborative court. Expenditures may include any necessary training, salaries for support personnel, including probation department personnel, court facility expansion or renovation, or the expansion or renovation of treatment or evaluation space, but shall not include judicial salaries.
(3) Funding for services provided pursuant to contracts between the recipient county’s probation department and drug treatment providers, mental health service providers, housing providers, or for other rehabilitative programs ordered by the court for misdemeanor or infraction defendants whose cases are processed through the county’s homeless court, mental health court, or hybrid collaborative court.
(4) Housing vouchers.
(5) Salary and related costs for providing medication-assisted treatment for misdemeanor defendants whose cases are processed through the county’s homeless court, mental health court, or hybrid collaborative court.
(6) Funding to increase capacity for community-based, medication-assisted treatment and substance use disorder treatment services for misdemeanor or infraction defendants whose cases are processed through the county’s homeless court, mental health court, or hybrid collaborative court, or to improve the care coordination and connections to medication-assisted treatment services upon placement in the program. Activities may include, but are not limited to, capital expenditures or operating costs to establish new reentry centers or treatment programs, expansion of existing community-based, medication-assisted treatment services to better meet the needs of participating defendants, and other strategies to ensure timely and appropriate access to medication-assisted treatment upon release from jail or placement in the program.
(d) Counties receiving funds pursuant to this article shall operate the homeless court, mental health court, or hybrid collaborative court for defendants receiving services pursuant to this program on a deferred entry of judgment or diversion basis, or both. Nothing in this section shall preclude a county from operating a homeless court, mental health court, or a hybrid collaborative court on a nondiversion, or a nondeferred entry of judgment basis for defendants who are ineligible or are found by the court to be unsuitable for diversion or deferred entry of judgment. Except for incidental expenditures pursuant to paragraph (2) of subdivision (c), or expenditures for evaluation of defendants pursuant to paragraph (1) of subdivision (c) who are later determined to be unsuitable or ineligible for diversion or deferred entry of judgment, funds received by the county pursuant to this article shall only be expended to provide services enumerated in subdivision (c) to eligible misdemeanor or infraction defendants who qualify for services pursuant to this article and who are placed on diversion or on deferred entry of judgment by the court.
(e) Counties receiving funding pursuant to this article shall require collaboration between the court and county social service agencies to provide services for defendants participating in the program.
(f) Grant funds shall not be used to supplant existing resources provided by the county probation department or by county social services.
(g) (1) Counties that receive grants pursuant to this article shall collect and maintain data pertaining to the effectiveness of the program, as indicated by the board council in the request for proposals, including data on the rate of recidivism for criminal defendants who participate in the deferred entry of judgment or diversion program ordered by the court.
(2) (A) Information relating to the rate of recidivism that shall be collected and maintained pursuant to this subdivision includes all of the following, as it relates to defendants charged or convicted of a misdemeanor or infraction and placed on diversion or deferred entry of judgment and receive services funded pursuant to this article:
(i) The number and percentage who were sentenced to jail or prison within three years after being sentenced or placed on diversion, and were provided services funded pursuant to this article.
(ii) The number and percentage who were convicted of a misdemeanor or a felony within three years after being sentenced or placed on diversion, after having been provided with services that funded pursuant to this article.
(iii) The number and percentage who were arrested for a crime or had their parole, probation, mandatory supervision, or postrelease community supervision revoked within three years after being sentenced or placed on diversion, and were provided services funded pursuant to this article.
(B) A county that receives a grant pursuant to this article shall include recidivism data for persons placed in the program less than three years prior to any reporting period established by the board council pursuant to paragraph (4).
(3) A county that receives a grant pursuant to this article may use state summary criminal history information, as defined in Section 11105, or local summary criminal history information, as defined in Section 13300, to collect data as required by the board. council.
(4) The board council may establish a deadline by which counties that receive grants pursuant to this article are required to submit data collected and maintained pursuant to this subdivision to the board council to enable the board council to comply with the reporting requirement in Section 6048.2.
(h) The board council may use up to 5 percent of the funds appropriated for the program each year for the costs of administering the program, including, without limitation, the employment of personnel and evaluation of activities supported by the grant funding.

6048.1.
 As used in this article, “mental disorder” means that the defendant suffers from a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, but excluding antisocial personality disorder, borderline personality disorder, and pedophilia. Evidence of the defendant’s mental disorder shall be provided by the defense and shall include a recent diagnosis by a qualified mental health expert. In opining that a defendant suffers from a qualifying disorder, the qualified mental health expert may rely on an examination of the defendant, the defendant’s medical records, arrest reports, or any other relevant evidence.

6048.2.
 On or before July 1, 2026, the board council shall compile a report describing the activities funded pursuant to this article, and the success of those activities in reducing recidivism by defendants participating in a program of diversion or deferred entry of judgment who receive services provided pursuant to this program. The report shall be submitted to the Legislature pursuant to Section 9795 of the Government Code.

6048.3.
 This article shall be operative only to the extent that funding is provided, by express reference, in the annual Budget Act or another statute for the purposes of this article.

6048.4.
 This article shall remain in effect only until January 1, 2027, and as of that date is repealed.

SEC. 2.

 Article 8 (commencing with Section 6049) is added to Chapter 5 of Title 7 of Part 3 of the Penal Code, to read:
Article  8. Transitioning Home Grant Program

6049.
 (a) The Transitioning Home Grant Program is hereby created and shall be administered by the Board of State and Community Corrections.
(b) The board shall award grants, on a competitive basis, to county sheriffs or jail administrators, as authorized by this article. The board shall establish minimum standards, funding schedules, and procedures for awarding grants pursuant to this article.
(c) Transitioning Home Grant Program funds may be used by recipient sheriffs or jail administrators for any one or more of the following purposes:
(1) Salaries and related costs for jail personnel to evaluate whether inmates released from the jail are, or upon release from custody, will be, homeless.
(2) Housing navigation services to assist inmates released from jail in locating housing.
(3) Housing vouchers.
(4) Transportation for inmates who would otherwise be homeless upon release without transportation to that housing.
(5) Salaries and related costs to provide reentry planning for inmates upon release from jail.
(d) Funds provided pursuant to this article shall not be used to supplant existing resources provided by the sheriff, jail administrator, county probation department, or county social services department.
(e) The board shall determine a cap on funds that can be used for salaries of recipient sheriffs based on reasonable and actual costs.

(e)

(f) Sheriffs or jail administrators who receive grants pursuant to this article shall collect and maintain data pertaining to the use of funds received pursuant to the program. program, and report it to the board. The report shall include all of the following:
(1) The amount spent on salaries and administration.
(2) The number of inmates placed in housing.
(3) The number of inmates who were eligible for housing, but could not be placed.
(4) The length of stay in the housing placement.
(5) The number of inmates transported to housing.
(6) The recidivism rates of inmates.
(g) Sheriffs who receive grants pursuant to this article shall collaborate with appropriate government entities and community organizations that specialize in providing the services described in this article.

(f)

(h) The board may use up to 5 percent of the funds appropriated for the program each year for the costs of administering the program, including, without limitation, the employment of personnel and evaluation of activities supported by the grant funding.

6049.1.
 On or before July 1, 2026, the board shall compile a report describing the activities funded pursuant to this article. The report shall be submitted to the Legislature pursuant to Section 9795 of the Government Code.

6049.2.
 This article shall be operative only to the extent that funding is provided, by express reference, in the annual Budget Act or another statute for the purposes of this article.

6049.3.
 This article shall remain in effect only until January 1, 2027, and as of that date is repealed.