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AB-2142 Prisons: mental health.(2023-2024)

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Date Published: 02/06/2024 09:00 PM
AB2142:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2142

Introduced by Assembly Member Haney

February 06, 2024

An act to add Section 2693 to the Penal Code, relating to prisons.


LEGISLATIVE COUNSEL'S DIGEST


AB 2142, as introduced, Haney. Prisons: mental health.
Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to establish and maintain classes for incarcerated persons utilizing institutional personnel or entering into an agreement with the governing board of a school district or private school. Existing law requires the department to develop and implement a plan to obtain additional rehabilitation and treatment services for incarcerated persons and parolees. Existing law requires that plan to include, among other things, filling vacant state staff positions that provide direct and indirect rehabilitation services, or obtaining services from local governments and contractors to assist with treatment for parolees and incarcerated persons.
This bill would require the department to establish a 3-year pilot program at 2 or more institutions that would provide access to specified mental health therapy for those not classified by the department to receive mental health treatment from the institution. The bill would require communications during therapy sessions, as specified, between the incarcerated person and assigned therapist to be confidential. The bill would require the California Correctional Health Care Services to be the custodian of records for treatment records generated under this pilot program. The bill would require the department to report certain information to the fiscal and appropriate policy committees of the Legislature, from March 1, 2025, to March 1, 2027.
The bill would make related findings and declarations.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Rehabilitation is an essential function of the Department of Corrections and Rehabilitation.
(b) The primary function of the Department of Corrections and Rehabilitation’s Statewide Mental Health Program is to ensure patients have ready access to mental health services based on their need.
(c) Mental health therapy contributes to personal growth, reflection, and preparation for safe and successful postincarceration reentry and helps foster a safer environment for staff and people incarcerated in the Department of Corrections and Rehabilitation.
(d) Mental health therapy can be provided by an array of licensed professionals or registered mental health providers, including marriage and family therapists, psychologists, and professional clinical counselors.
(e) To that end, access to mental health therapy should be available to all people incarcerated in the Department of Corrections and Rehabilitation, whatever their security level or length of sentence, without having to be classified as having a mental health disorder.
(f) The department has implemented a successful telepsychiatry program that has improved access to mental health care services and reduced staffing shortages and utilizing these technologies for a broader population will provide for a greater variety of options for incarcerated people to meet with therapists.

SEC. 2.

 Section 2693 is added to the Penal Code, to read:

2693.
 (a) In order to foster incarcerated peoples’ growth, mental and emotional wellness, and rehabilitation, the Department of Corrections and Rehabilitation shall establish a three-year pilot program at two or more institutions. The pilot program shall include at least one institution housing people of each gender. The pilot program at each institution shall provide access to mental health therapy to an incarcerated person in either of the following settings:
(1) Virtual therapy opportunities, including telepsychiatry in a confidential setting.
(2) Contracted licensed or registered mental health providers who can provide counseling in a confidential setting.
(b) For each incarcerated person, virtual therapy opportunities or in-person sessions, pursuant to paragraph (2) of subdivision (a), shall be offered at least twice per month, for a minimum of 50 minutes, or as determined by the provider.
(c) Access to services during an incarcerated person’s enrollment in the pilot program shall be limited to persons who are not currently determined by the department as having the following classification statuses:
(1) Correctional Clinical Case Management System.
(2) Enhanced Outpatient Program.
(3) Acute levels of care, including the Psychiatric Inpatient Programs or Mental Health Crisis Bed.
(d) Enrollment shall not result in an incarcerated person being classified as having a serious mental health disorder unless the provider has made a formal recommendation and the incarcerated person offers express, written permission.
(e) Communications between an incarcerated person and the assigned mental health provider shall be confidential pursuant to the privacy protections of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191). The California Correctional Health Care Services shall act as the custodian of records for all treatment documents generated under this pilot program.
(f) Upon the incarcerated person’s release from custody, the department shall provide them with information about community-based treatment programs.
(g) (1) The department shall report to the fiscal and appropriate policy committees of the Legislature on March 1, 2025, and each March 1 thereafter until March 1, 2027. The report shall include all of the following:
(A) The planned capacity of the program at each participating facility.
(B) The number of incarcerated persons enrolled in the program at each participating facility.
(C) The percentage of participants with positive posttreatment outcomes.
(D) The number of persons who are successfully linked to postrelease community-based treatment programs.
(2) (A) The requirement for submitting a report imposed under paragraph (1) shall become inoperative on March 1, 2027.
(B) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(h) For the purposes of this section, “virtual therapy opportunities” means services provided by tablet, video conference, or other technologies.
(i) For the purposes of this section, “positive outcomes” means an inmate exhibiting any of the following:
(1) Reduced disciplinary action or writeups from staff.
(2) Self-acceptance.
(3) Self-understanding.
(4) Improved interpersonal safety and functioning.