AB154:v96#DOCUMENTBill Start
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.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
NO
Local Program:
NO
Bill Text
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.