Bill Text: CA AB67 | 2023-2024 | Regular Session | Amended
Bill Title: Homeless Courts Pilot Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2023-09-01 - In committee: Held under submission. [AB67 Detail]
Download: California-2023-AB67-Amended.html
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Amended
IN
Assembly
March 13, 2023 |
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Amended
IN
Assembly
February 09, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 67
| Introduced by Assembly Member Muratsuchi |
December 07, 2022 |
An act to add and repeal Chapter 5.5 (commencing with Section 5475) of Part 1 of Division 5 of the Welfare and Institutions Code, relating to the courts.
LEGISLATIVE COUNSEL'S DIGEST
AB 67, as amended, Muratsuchi.
Homeless Courts Pilot Program.
Existing law governs the jurisdiction of various criminal actions and criminal proceedings. Existing law also provides various diversion programs, including programs for defendants with cognitive disabilities and programs for defendants who were, or currently are, members of the United States military.
This bill, upon an appropriation by the Legislature, would create the Homeless Courts Pilot Program, which would remain in effect until January 1, 2029, to be administered by the Judicial Council for the purpose of providing comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, chronically homeless individuals who are involved with the criminal justice system. The bill would require programs
applicant cities or counties seeking grant funds to provide a number of specified services or program components, including, but not limited to, a diversion program enabling participating defendants to have infraction or misdemeanor specified charges dismissed upon completion of a program, provision of supportive housing, as defined, temporary, time-limited, or permanent housing during the duration of the program, and a dedicated county representative to assist defendants with housing needs. The bill would require
an applicant for grant funding under the program to submit a plan for a new homeless court program or expansion of an existing homeless court program, and would require any funding awarded to an applicant to be used in accordance with that plan. The bill would also require the Judicial Council, on or before July 1, 2027, to submit a report to the Legislature evaluating the programs funded and the success and challenges of those programs, along with recommendations for improving the programs. The bill would require the Judicial Council Council, in collaboration with subject matter experts, to establish performance-based outcome measures for each participating homeless court, including, among other things, information relating to the demographics of program participants, housing placements for all participants, and
successful substance use disorder treatment rates.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 5.5 (commencing with Section 5475) is added to Part 1 of Division 5 of the Welfare and Institutions Code, to read:CHAPTER 5.5. Homeless Courts Pilot Program
5475.
The Homeless Courts Pilot Program is hereby established and shall be administered by the Judicial Council as a grant pilot program for eligible applicants to provide comprehensive community-based services to achieve stabilization for, and address the specific legal needs of,5478.
(a) (1) The council shall award grants on a competitive basis to applicants that will provide support and services to defendants charged with infractions or misdemeanors who are experiencing homelessness. Applicants may also, with the consent of the prosecuting agency, provide support and services to defendants charged with felonies not included in paragraph (2) who are experiencing homelessness. A defendant may participate in a program authorized under this section at any stage in criminal proceedings, including by entering into a preplea diversion agreement with the consent of the prosecuting agency, or with the consent of the court, as otherwise authorized by existing law.(2) A defendant shall not be eligible for services pursuant to this section for the following current charged offenses:
(A) A violent felony as described in subdivision (c) of Section 667 of the Penal Code.
(B) A serious felony as described in subdivision (c) of Section 1192.7 of the Penal Code.
(C) An offense for which registration is required pursuant to Section 290 of the Penal Code.
(3) Eligible applicants shall include both of the following:
(A) Cities, with the approval of the county and local superior court.
(B) Counties, with the approval of the local superior court.
(b) The council shall develop guidelines to administer the grant program and award grants to programs that will provide, at a minimum, all of the following program components:
(1) A diversion program enabling participating defendants to have their infraction or misdemeanor charges
dismissed upon completion of the program.
(2) Provision of a public defender for the entire duration of the program.
(3) Regular court appearances enabling participating defendants to work with and have access to all service providers in one location. The program and services shall be in a location that is readily accessible to participating defendants.
(4) Provision of supportive housing, as defined in Section 50675.14 of the Health and Safety Code,
temporary, time-limited, or permanent housing to the participating defendant during the entire program.
(5) A county representative to assist a defendant with long-term housing goals and processes, identifying long-term mental health and substance abuse concerns, and answer any questions and facilitate any necessary conversations between a housing agency and the defendant to
enable the defendant to be successfully housed after participation in the program. A representative to assist a defendant with developing a temporary and permanent long-term housing plan, identifying long-term mental health and substance use disorder concerns, and answering any questions and facilitating any necessary conversations between a housing agency and the defendant to enable the defendant to obtain temporary, time-limited, or permanent housing while participating in the program.
(6) Mental health services, including mental health evaluations by county behavioral health departments and referrals to full service partnership programs, as needed.
(7) Substance abuse and alcohol detoxification
use disorder and withdrawal management and treatment, as needed.
(8) Criminal record clearing services through partnerships with a public defender’s office, legal aid, or other city or county services for criminal history record clearing and infraction citation clearing.
(c) In awarding the grants, the Judicial Council shall give preference to programs that will provide the following services:
(1) A minimum of weekly follow up with mental health and substance abuse use disorder counseling services in between court
dates.
(2) Job training or placement services.
(3) Court conditional releases from custody into residential narcotic and drug abuse programs, as defined in Section 11842 of the Health and Safety Code. appropriate substance use disorder treatment, as determined by clinical screening, assessment, or both screening and assessment.
(4) Participation of a licensed medical practitioner to prescribe and administer medication for program participants related to substance abuse recovery
use disorder or mental health treatment, if agreed to by the defendant.
(d) An applicant for funding pursuant to this chapter shall submit an application designed by the Judicial Council. The application shall include a plan for the creation of a new homeless court or expansion of an existing homeless court program. The application shall clearly detail the initiative for which funding is sought, the associated staffing activities, programs, and services to be delivered, and how the grant program will cover those costs. Any funding awarded to an applicant shall be used in accordance with the approved plan.
5480.
(a) The Judicial(1) Demographics of all homeless court program participants.
(2) Services provided.
(3) Services ordered, but not provided.
(4) Housing placements of all program participants.
(5) Permanent housing success for program participants.
(6) Continued treatment beyond the diversion program.
(7) Successful substance use disorder treatment rates.
(8) Detentions or conservatorship pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code) during and following the diversion program.
(9) Additional criminal justice involvement during and following the diversion program.
(10) Deaths during and following the diversion program.
(11) A subjective survey of the individuals served.
(b) Participating courts shall provide the required data, including individual offender level data, on a quarterly basis to the Judicial Council.
(c) On or before July 1, 2027, the Judicial Council shall compile the data reported in subdivision (a) and shall prepare a full evaluation of each of the programs funded pursuant to this chapter and the success and challenges of those programs in addressing the needs of chronically homeless individuals, along with recommendations for improving the programs. The report shall be submitted to the Legislature
pursuant to Section 9795 of the Government Code.
