BILL ANALYSIS                                                                                                                                                                                                    







                      SENATE COMMITTEE ON PUBLIC SAFETY
                           Senator Gloria Romero, Chair              S
                             2007-2008 Regular Session               B

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          SB 1651 (Steinberg and Romero)                             1
          As Introduced February 22, 2008 
          Hearing date:  April 8, 2008
          Penal and Welfare and Institution Codes
          AA:br

                          MENTALLY ILL DEFENDANTS AND INMATES  

                                       HISTORY

          Source:  California Council of Community Mental Health Agencies

          Prior Legislation: SB 851 (Steinberg and Romero) - vetoed, 2007

          Support: Homes to End Homelessness Coalition; Western Center on  
                   Law & Poverty; Sacramento Housing Alliance; Burbank  
                   Housing Development Corporation; Century Housing;  
                   Sacramento Homeless Organizing Committee; Southern  
                   California Association of Non-Profit Housing; Loaves &  
                   Fishes; California Catholic Conference; St. Anthony  
                   Foundation; Social Justice Caucus at the UCLA School of  
                   Public Affairs; California Medical Association;  
                   Jericho; one individual

          Opposition:California District Attorneys Association; Citizens  
          Commission on Human Rights

          (  NOTE :  THIS ANALYSIS REFLECTS AMENDMENTS THE AUTHOR INTENDS TO  
          SUBMIT IN COMMITTEE.)


                                      KEY ISSUES
           




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          SHOULD MENTAL HEALTH COURTS BE AUTHORIZED IN STATUTE, AS  
          SPECIFIED?

          SHOULD MENTAL HEALTH COURT JURISDICTION BE EXTENDED TO CERTAIN  
          PAROLEES, AS SPECIFIED?

                                                                (CONTINUED)



          SHOULD CDCR BE REQUIRED TO CREATE A PILOT PROGRAM FOR MENTAL HEALTH  
          SERVICES, TO THE EXTENT FUNDING IS AVAILABLE, AS SPECIFIED?

          SHOULD FUNDING PRIORITIES FOR ADULT SYSTEM OF CARE PROGRAMS BE  
          REVISED, AS SPECIFIED?


                                       PURPOSE

          The purpose of this bill is to 1) expressly authorize courts to  
          establish mental health courts, as proposed by this bill; 2)  
          authorize the Board of Parole Hearings to suspend a parole  
          revocation pending parolee's successful completion of the mental  
          health court program, as specified; 3) require CDCR, to the  
          extent funding is available, to "create a pilot program to  
          provide comprehensive mental health and supportive services"  
          comparable to a specified case management and services approach,  
          with priority given "to parolees who, while incarcerated, were  
          deemed part of the Enhanced Outpatient Program or were in the  
          Correctional Clinical Case Management System"; 4) revise funding  
          priorities for funding adult system of care programs, as  
          specified; and 5) make additional changes, as specified.

           Mental Health Courts
           
           Current law  generally authorizes a trial court to "defer entry  
          of judgment" for eligible drug offenders, provided the offender  
          pleads guilty and completes an approved drug program, as  






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          specified.<1>  (Penal Code  1000.)

           Current law  generally authorizes pretrial diversion in  
          misdemeanor cases, as specified.  (Penal Code  1001.1 et  
          seq.; 1001.50 et seq.)
           
          Current law  generally provides for diversion for defendants with  
          cognitive developmental disabilities in misdemeanor cases.   
          (Penal Code  1001.20 et seq.)

           Current law  generally provides for diversion in bad check  
          cases, as specified.  (Penal Code  1001.60 et seq.)

           Current law  generally provides for diversion for parents accused  
          of contributing to the delinquency of a minor, as specified.   
          (Penal Code  1001.70 et seq.)


           Current law  provides for a variety of other special programs as  
          alternatives to traditional sentencing.<2>

           This bill  would enact the "Corrections Mental Health Act of  
          2008."

           This bill  would enact a new chapter to the Penal Code entitled,  
          "Mental Health Courts," as specified.

           This bill  would authorize superior courts "to develop and  
          implement mental health courts."

           Mental Health Court Objectives
           
          ---------------------------
          <1>  "Prior to 1996, the procedure was known as 'pretrial  
          diversion' with no guilty plea requirement.  The essential  
          change in 1996 was the requirement of a guilty plea.  However,  
          the process remains essentially a form of 'diversion,' i.e.,  
          persons charged with specified drug offenses are diverted from  
          ordinary criminal procedures."  (4 Witkin Cal.Crim.Law  
          Pretrial  341 (citations omitted).)
          <2>  See 4 Witkin Cal. Crim. Law Pretrial  356.



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           This bill  would provide that a mental health court under these  
          provisions has the following objectives:


          (1)  Increase cooperation between the courts, criminal  
            justice, mental health, and substance abuse systems.

          (2)  Create a dedicated calendar or a locally developed  
            collaborative court-supervised mental health program or  
            system that contains the characteristics set out  
            (below) that will lead to placement of as many mentally  
            ill offenders, including those with cooccurring  
            disorders, in community treatment as is feasible and  
            consistent with public safety.

          (3)  Improve access to necessary services and support.

          (4)  Reduce recidivism.

          (5)  Reduce the involvement of the mentally ill in the  
            criminal justice system and their time in jail by  
            making mental health services available in the least  
            restrictive environment possible while promoting public  
            safety.



           Mental Health Court Characteristics

           

           This bill  would provide that a mental health court under these  
          provisions has the following characteristics:



          (1)  Leadership by a superior court judicial officer  
            assigned by the presiding judge.

          (2)  Enhanced accountability by combining judicial  




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            supervision with rehabilitation services that are  
            rigorously monitored and focused on recovery.

          (3)  A problem solving focus.

          (4)  A team approach to decisionmaking.

          (5)  Integration of social and treatment services.

          (6)  Judicial supervision of the treatment process, as  
            appropriate.

          (7)  Community outreach efforts.

          (8)  Direct interaction between defendant and judicial  
            officer.



           Court-County Collaboration; Plan

           
           This bill  would require that in developing a mental health  
          court, the presiding judge or his or her designee contact the  
          county board of supervisors, the county administrative officer,  
          or his or her designee to convene the county and court  
          stakeholders and, through a collaborative process with these  
          stakeholders, develop a plan that is consistent with this bill,  
          including the development of a plan which would be required to  
          address at a minimum the following components:


          (1)  Identifying existing resources and services for the  
            target population and establishing a collaborative  
            effort to share those resources and work together to  
            identify and seek new resources.
          (2)  The method by which the mental health court will  
            ensure that the target population of defendants will be  
            identified and referred to the mental health court.
          (3)  The method for assessing defendants for serious  




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            mental illness and cooccurring disorders.
          (4)  Eligibility criteria specifying what factors will  
            make the defendant eligible to participate in a mental  
            health court, including eligibility of the current  
            offense for inclusion in the mental health court,  
            amenability of the defendant to treatment and the facts  
            of the present case before the court, as well as prior  
            criminal history and mental health and substance abuse  
            treatment history of the defendant.
          (5)  The elements of the treatment and supervision  
            programs.
          (6)  Standards for continuing participation in, and  
            successful completion of, the mental health court  
            program.
          (7)  The need for the county mental health department and  
            the drug and alcohol department to provide initial and  
            ongoing training for designated staff on the nature of  
            serious mental illness and on the treatment and  
            supportive services available in the community.
          (8)  The process to ensure defendants will receive the  
            appropriate level of treatment services, based on  
            available resources, from county and community mental  
            health providers and other local agencies.
          (9)  The process for developing or modifying a treatment  
            plan for each defendant, based on a formal assessment  
            of the defendant's mental health and substance abuse  
            treatment needs.  Participation in the mental health  
            court would require defendants to complete the  
            recommended treatment plan, and comply with any other  
            terms and conditions that will optimize the likelihood  
            that the defendant will complete the program.
            (10)Process for referring cases to the mental health  
            court.

            (11)A defendant's voluntary entry into the mental  
            health court, the right of a defendant to withdraw from  
            the mental health court, and the process for explaining  
            these rights to the defendant.






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           Mental Health Court Teams

           

           This bill  would require that, in "developing a mental health  
          program, each mental health court team, lead by a judicial  
          officer, should include, but is not limited to, a judicial  
          officer to preside over the court, prosecutor, public defender,  
          county mental health liaison, substance abuse liaison, and  
          probation officer.  The mental health court team will determine  
          the frequency of ongoing reviews of the progress of the offender  
          in community treatment in order to ensure the offender adheres  
          to the treatment plan as recommended, remains in treatment, and  
          completes treatment."



           Voluntary Participation; Mandatory Compliance  



           This bill  would provide that entry "into the mental health court  
          program is voluntary.  Once an individual chooses to enter, the  
          defendant must comply with the conditions of participation  
          specified by the court."



           This bill  would provide that the length of an individual's  
          participation in the mental health court program shall not  
          exceed the term of probation or parole.

          




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           Consent of Court and Prosecutor Required

           

           This bill  would require that a "defendant's participation  
          requires the consent of the judicial officer and the  
          prosecutor."



           Victim Contact; Statement

           

           This bill  would authorize the judicial officer or prosecutor may  
          contact the victim in determining a defendant's suitability.


           This bill  would expressly allow the victim to make a statement  
          at the time found appropriate by the judge after input from the  
          mental health court team.



           Excluded Categories of Offenders

           

          This bill  would exclude from eligibility defendants convicted of  
          specified crimes, except with the approval of the prosecutor, or  
          a finding by the court on the record after a formal hearing that  
          there are extraordinary circumstances to permit the defendant to  
          participate where the interests of justice would best be  










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          served.<3>



           Dismissal upon Successful Completion

           

           This bill  would provide that if the defendant has performed  
          successfully during the period of the mental health court, at  
          the end of that period, the criminal charge or charges may be  
          dismissed, as specified.



           Parolees

           

           This bill  would authorize participation in a mental health court  
          program by a "parolee with a serious mental illness who is under  
          the dual jurisdiction of the courts and the Board of Parole  
          Hearings due to having committed a new offense while on parole,  
          or being on active probation during the term of parole, . . . ."



           This bill  would provide that the "Board of Parole Hearings may,  
          ---------------------------

          <3>  The crimes specified for exclusion are if a defendant has  
          been convicted of a serious felony, as defined in subdivision (c)  
          of Section 1192.7, or a violent felony, as defined in subdivision  
          (c) of Section 667.5, or of violating Section 207, subdivision  
          (a), (b), (c), or (d) of Section 243.4, Section 261.5, 266, 266c,  
          266h, 266i, or 285, subdivision (a) of Section 289, subdivision  
          (1) of Section 314, or Section 647.6.  The bill would provide  
          that, at any hearing, the court would be required to consider the  
          maximum potential sentence that could be imposed and the danger  
          that may be posed by permitting the defendant to remain in the  
          community and participate in the mental health court.



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          as an alternative to ordering a parolee returned to prison,  
          suspend revocation pending the parolee's successful completion  
          of the mental health court program."



           This bill  would provide that if "a parolee fails to successfully  
          complete the mental health court program, the Board of Parole  
          Hearings may revoke parole, as appropriate."



             (1)This bill  would enact specified statements  
              concerning the benefits of a system of care for  
              parolees with serious mental illnesses, and the adult  
              system of care providing models for parolees with  
              serious mental illness that can meet the performance  
              outcomes required by the Legislature, and would state  
              codified legislative intent concerning the  
              implementation of a system of care for mental health  
              services for seriously mentally ill parolees, as  
              specified.



           Pilot Program:  Mental Health and Supportive Services for  
          Parolees

           
           Current law  requires DMH to establish service standards that  
          ensure that members of the target population are identified, and  
          services provided to assist them to live independently, work,  
          and reach their potential as productive citizens, as specified.   
          (WIC  5806.)

           
           This bill would state, in uncodified language, legislative  
          intent "to start as a pilot program and to expand this program  
          to provide comprehensive services, including supportive housing  
          where necessary, as (specified) including all eligible Enhanced  




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          Outpatient Program parolees in all counties of the state.   
          Priority shall be given to parolees who, while incarcerated,  
          were deemed part of the Enhanced Outpatient Program or were in  
          the Correctional Clinical Case Management System.  Consideration  
          shall be given for likelihood of homelessness upon release."


          This bill  would require CDCR, to the extent funding is  
          available, to "create a pilot program to provide comprehensive  
          mental health and supportive services comparable to the case  
          management and services described" as specified, and would make  
          a technical conforming amendment to that section.


           This bill  would require that priority be given "to parolees who,  
          while incarcerated, were deemed part of the Enhanced Outpatient  
          Program or were in the Correctional Clinical Case Management  
          System.  Consideration shall be given for likelihood of  
          homelessness upon release.  Once enrolled, each parolee shall  
          remain enrolled until either opting out of the program with an  
          agreed upon discharge plan and followup plan, completing parole,  
          or having parole revoked for longer than a year.  If a parolee  
          enrolled in the program has his or her parole revoked for less  
          than one year, he or she shall be reenrolled in the program upon  
          subsequent parole, if deemed appropriate by the department and  
          the program service provider."



           This bill  would require, to the extent funding is available,  
          CDCR in consultation with the State Department of Mental Health  
          to "develop service standards for prisoners with a serious  
          mental illness in this pilot program," as specified.



           This bill would require CDCR to "develop comprehensive case  
          management plans and shall establish prison in-reach protocols  
          that include collaboration and cooperation with service  
          providers who are likely to serve program participants in the  




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          designated counties.  Prior to the release of each program  
          participant, the department shall work with each participant,  
          the designated mental health personal services coordinator, the  
          relevant housing provider, and other relevant providers to  
          develop a discharge plan," as specified.



           This bill  would require CDCR to report to the Legislature on or  
          before May 1, 2010 and every two years thereafter with reporting  
          in the final year on or before January 1, 2014, as specified,  
          and to "evaluate, at a minimum, the effectiveness of the  
          strategies for parolees in reducing homelessness, recidivism,  
          involvement with local law enforcement, and other measures  
          identified by the department," as specified.



           This bill  would authorize CDCR to receive technical assistance  
          from the State Department of Mental Health, and to contract with  
          counties or private providers, as specified.



           This bill  would sunset these provisions on January 1, 2014.

          

           Adult Systems of Care

           
           Current law  sets forth funding priorities for funding adult  
          system of care programs, as specified, (WIC  5814.)

           This bill  would revise this provision to state that "priorities  
          shall include, but not be limited to, maintaining funding for  
          the existing programs that meet adult system of care contract  
          goals, counties with a high incidence of persons who are  
          severely mentally ill and homeless or who are at risk of  
          becoming homeless and meet the criteria developed (as specified)  




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          . . . of this subdivision, and those who are discharged from a  
          jail or have successfully completed parole."


           This bill  additionally would revise the membership of the  
          advisory committee authorized by this section to 1) add a mental  
          health court judicial officer, 2) add a representative of the  
          California Mental Health Directors Association, and 3) replace  
          the "California Alliance for the Mentally Ill" with the  
          "National Alliance on Mental Illness (NAMI) California."

              RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION IMPLICATIONS
          
          California continues to face an extraordinary and severe prison  
          and jail overcrowding crisis.  California's prison capacity  
          remains nearly exhausted as prisons today continue to be  
          operated with a significant level of overcrowding.<4>  A year  
          ago, the Legislative Analyst's office summarized the trajectory  
          of California's inmate population over the last two decades:

              During the past 20 years, jail and prison  
              populations have increased significantly.  County  
              jail populations have increased by about 66  
              percent over that period, an amount that has been  
              limited by court-ordered population caps.  The  
              prison population has grown even more dramatically  
              during that period, tripling since the  
              mid-1980s.<5>

          The level of overcrowding, and the impact of the population  
          crisis on the day-to-day prison operations, is staggering:

              As of December 31, 2006, the California Department  
              of Corrections and Rehabilitation (CDCR) was  
              estimated to have 173,100 inmates in the state  
              --------------------
          <4>  Analysis of the 2007-08 Budget Bill:  Judicial and Criminal  
          Justice, Legislative Analyst's Office (February 21, 2007); see  
          also, court orders, infra.
          <5>  California's Criminal Justice System:  A Primer.   
          Legislative Analyst's Office (January 2007).



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              prison system, based on CDCR's fall 2006  
              population projections.  However, . . . the  
              department only operates or contracts for a total  
              of 156,500 permanent bed capacity (not including  
              out-of-state beds, . . . ), resulting in a  
              shortfall of about 16,600 prison beds relative to  
              the inmate population.  The most significant bed  
              shortfalls are for Level I, II, and IV inmates, as  
              well as at reception centers.  As a result of the  
              bed deficits, CDCR houses about 10 percent of the  
              inmate population in temporary beds, such as in  
              dayrooms and gyms.  In addition, many inmates are  
              housed in facilities designed for different  
              security levels.  For example, there are currently  
                                           about 6,000 high security (Level IV) inmates  
              housed in beds designed for Level III inmates.

              . . .  (S)ignificant overcrowding has both  
              operational and fiscal consequences.  Overcrowding  
              and the use of temporary beds create security  
              concerns, particularly for medium- and  
              high-security inmates.  Gyms and dayrooms are not  
              designed to provide security coverage as well as  
              in permanent housing units, and overcrowding can  
              contribute to inmate unrest, disturbances, and  
              assaults.  This can result in additional state  
              costs for medical treatment, workers'  
              compensation, and staff overtime.  In addition,  
              overcrowding can limit the ability of prisons to  
              provide rehabilitative, health care, and other  
              types of programs because prisons were not  
              designed with sufficient space to provide these  
              services to the increased population.  The  
              difficulty in providing inmate programs and  
              services is exacerbated by the use of program  
              space to house inmates.  Also, to the extent that  
              inmate unrest is caused by overcrowding,  
              rehabilitation programs and other services can be  






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              disrupted by the resulting lockdowns.<6>

          As a result of numerous lawsuits, the state has entered into  
          several consent decrees agreeing to improve conditions in the  
          state's prisons.  As these cases have continued over the past  
          several years, prison conditions nonetheless have failed to  
          improve and, over the last year, the scrutiny of the federal  
          courts over California's prisons has intensified.

          The federal court has appointed a receiver to take over the  
          direct management and operation of the prison medical health  
          care delivery system from the state.  The crisis has continued  
          to escalate and, in July of last year, the federal court  
          established a three-judge panel to consider placing a cap on the  
          number of prisoners allowable in California prisons.  It is  
          anticipated that the court will reach its decision this year.

          In his order establishing the judicial panel, Judge Thelton  
          Henderson stated in part:

            It is clear to the Court that the crowded conditions  
            of California's prisons, which are now packed well  
            beyond their intended capacity, are having - and in  
            the absence of any intervening remedial action, will  
            continue to have - a serious impact on the Receiver's  
            ability to complete the job for which he was  
            appointed:  namely, to eliminate the unconstitutional  
            conditions surrounding delivery of inmate medical  
            health care.

            . . .  (T)his case is also somewhat unique in that even  
            Defendants acknowledge the seriousness of the  
            overcrowding problem, which led the Governor to declare  
            a state of emergency in California's prisons in October  
            2006.  While there remains dispute over whether crowded  
            conditions are the primary cause of the constitutional  
            problems with the medical health care system in  
            California prisons, or whether any relief other than a  
            prisoner release order will remedy the constitutional  


            -----------------------
          <6>  Analysis 2007-08 Budget Bill, supra, fn. 1.



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            deprivations in this case, there can be no dispute that  
            overcrowding is at least part of the problem.  . . .   
            The record is equally clear that the Receiver will be  
            unable to eliminate the constitutional deficiencies at  
            issue in this case in a reasonable amount of time  
            unless something is done to address the crowded  
            conditions in California's prisons.  This Court  
            therefore believes that a three-judge court should  
            consider whether a prisoner release order is warranted  
            . . . .  (Hon. Thelton Henderson, Order dated July 23,  
            2007 in Plata v. Schwarzenegger (N.D. Cal) No. C01-1351  
            TEH (citations omitted).)

          Similarly, Judge Lawrence Karlton stated:

            There is no dispute that prisons in California are  
            seriously and dangerously overcrowded.  ()  The  
            record suggests there will be no appreciable change  
            in the prison population in the next two years.   
            (Hon. Lawrence K. Karlton, Senior Judge, United  
            States District Court, Order dated July 23, 2007 in  
            Coleman v. Schwarzenegger (E.D. Cal.) No. S90-0520  
            LKK JFM P (citations omitted).)

           This bill  does not appear to aggravate the prison overcrowding  
          crisis outlined above.

                                      COMMENTS

          1.  Stated Need for This Bill
           
          Materials from the author's office state in part:

            Across the United States, people with mental illness  
            are overrepresented in our prisons and jails.  . . .

            Without appropriate care for their mental health, these  
            individuals will continue to reenter the criminal  
            justice system.  . . .





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            While Californians have deposited more than $2 billion  
            into the Mental Health Services Act Account since the  
            passage of Proposition 63 in 2004, those resources are  
            not available for individuals in prisons and on parole.  
             As one of the authors of Prop. 63, Senator Steinberg  
            intentionally constructed firewalls between criminal  
            justice and community services to focus resources on  
            rebuilding a public mental health system degraded from  
            nearly four decades of neglect.

            . . .  Now that population levels behind bars have  
            become a crisis, it is time to address one of the  
            missing links of corrections reform:  addressing  
            offenders' mental health needs.  The opportunity is in  
            routing mentally ill offenders into services as early  
            as possible, thereby treating their needs, stabilizing  
            their illness, increasing their ability to fully  
            incorporate the living situation around them, and  
            reducing the likelihood that they will re-offend.

            This bill would improve how we respond to people living  
            with mental illness who become involved in the criminal  
            justice system.  It addresses the continuum of their  
            possible experiences in court, prison, parole, and back  
            into their communities based on proven methods of care  
            and identified Prop. 63 support where appropriate.


            . . .

            Last year, Governor Schwarzenegger vetoed similar  
            legislation, SB 851 (Steinberg & Romero).  SB 1651  
            makes amendments to the enrolled version of SB 851 that  
            address the Administration's concerns.

          2.  Previously Heard in Senate Health Committee; Author's  
          Amendments
           
          This bill was heard on April 2, 2008 in Senate Health Committee,  
          where it passed (7-3).  Because of the double-referral to this  




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          Committee, the author agreed to take author's amendments in this  
          Committee.  Those amendments, which generally refine the  
          provisions already in the bill, are reflected in this analysis.

          3.  Prior Bill Passed by This Committee, Vetoed Last Year
           
          The author carried very similar legislation last year - SB 851.   
          That measure passed this Committee (4-1), and subsequently was  
          vetoed.  In his veto message Governor Schwarzenegger stated:

               Although the provisions of this bill are to be  
               implemented contingent upon the availability of  
               funds, this bill would place a tremendous cost  
               pressure on the General Fund to increase mental  
               health services provided to inmates and parolees.  
                The California Department of Corrections and  
               Rehabilitation estimates annual costs for the  
               staff necessary to implement this bill would  
               exceed $14 million annually.

               While I agree that more efforts need to be made  
               to ensure that prisoners with mental health  
               issues receive appropriate treatment, this bill  
               allows people who have committed crimes to avoid  
               punishment completely because of a mental health  
               issue.  This bill would also enable a defendant  
               to not enter a plea or make an admission of  
               guilt.

               The mental health courts model specified in this  
               bill is an important component of public safety  
               and for managing our criminal justice system and  
               I hope that the author will continue to work on  
               mental health issues, especially as it relates to  
               mentally ill criminal offenders so that  
               California can reduce recidivism rates and  
               provide proper treatment for healthier citizens.







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          4.  Opposition  

          The California District Attorneys Association opposes this bill,  
          arguing in part:

              We must oppose this bill primarily because of the  
              provisions dealing with diversion of mentally ill  
              defendants.  Because many counties currently  
              operate mental health courts, the need for this  
              measure is unclear.

              Unfortunately, this bill lacks detail in several  
              important areas.  The diversion programs  
              envisioned by this bill are not barred from  
              allowing a defendant's participation without  
              entering a plea or making an admission of guilt.   
              Additionally, criteria for participation in the  
              program are absent and despite the language that  
              attempts to preclude those convicted of a serious  
              or violent felony or a sex offense, the provision  
              allowing a judge to overrule that exclusion in the  
              interest of justice renders its efficacy largely  
              moot.  Additionally, the language would fail to  
              preclude a person suspected of or charged with  
              such a crime, as would likely be the case in a  
              pre-plea or deferred entry of judgment diversion  
              program.  These programs are not bound by any  
              minimum time periods for participation and  
              completion of the diversion programs occurs when  
              unspecified criteria are met.













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          5.  Background:  Existing Mental Health Courts
           
          California currently has mental health courts.  As explained by  
          the Judicial Council:

              Crises in community mental health care and the  
              long-term effects of de-institutionalization, the  
              drug epidemic of the 1980s and 1990s, the dramatic  
              increase in homelessness over the last two  
              decades, and widespread jail overcrowding have all  
              led to an increase in mental health courts. . . .

              Like drug courts, mental health courts focus on  
              treatment to restore health and reduce criminal  
              activity.  They focus on providing mentally ill  
              offenders with better access to treatment,  
              consistent supervision, and support to reconnect  
              with their families.  The biggest challenges in  
              mental health courts are in the areas of training,  
              funding, and the management of complex cases.   
              Thirteen California trial court systems reported  
              having mental health courts in operation or  
              planned as of July 2002.

              . . .

              . . .  Several types of mental health court models  
              have developed. . . .  In 2001 Los Angeles  
              implemented a mental health court for misdemeanor  
              cases, including typical quality-of-life crimes  
              such as possessing a shopping cart.  After arrest,  
              a mental health service provider conducts an  
              assessment to determine general needs and whether  
              the defendant is homeless.  Unlike drug courts,  
              once the defendant is accepted into the program,  
              he or she participates in "status hearings" with  
              the provider, not with the court.  The only time  
              the defendant shows up at court is when, after a  
              year of being clean and sober and not committing a  




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                                             SB 1651 (Steinberg and Romero)
                                                                      PageU

              new offense, his or her case is dismissed.  The  
              mental health court has created linkages with a  
              variety of social services, such as job training  
              and GED exam preparation.

              In January 1999, San Bernardino County's mental  
              health court began as a pilot program in the  
              superior court, with the Supervised Treatment  
              After Release (STAR) Program as its primary  
              component. . . .

              On January 4, 2001, Riverside County began a  
              mental health court in the Hall of Justice in  
              downtown Riverside. . . .

              In a mental health court, the two systems work  
              together to ensure that each defendant has the  
              best possible opportunity to comply with his or  
              her terms of probation and stay with the medical  
              treatment program.  Mental health treatment terms  
              (such as medication, substance abuse placement,  
              psychiatric visits, and counseling) are made  
              mandatory probation terms.  The defendant is made  
              aware that failure to comply means further  
              incarceration.  All defendants are placed on  
              formal probation, and the probation officer is  
              aware of all the mental health treatment terms and  
              receives a copy of the defendant's mental health  
              evaluation.

              . . .

              The mental health court in Santa Clara County was  
              established in 1999 to serve preconviction and  
              postconviction defendants. . . .

              Both Los Angeles County and Santa Clara County  
              also have juvenile mental health courts in  
              addition to their adult mental health courts. . .  
              .












                                             SB 1651 (Steinberg and Romero)
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