Bill Text: CA AB741 | 2021-2022 | Regular Session | Amended
Bill Title: Jails: discharge plan.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2022-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB741 Detail]
Download: California-2021-AB741-Amended.html
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Amended
IN
Assembly
January 03, 2022 |
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Amended
IN
Assembly
March 18, 2021 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 741
| Introduced by Assembly Member Bennett |
February 16, 2021 |
An act to add Sections 4024.5 and 4024.6 1230.2 and 4024.5 to the Penal Code, relating to jails.
LEGISLATIVE COUNSEL'S DIGEST
AB 741, as amended, Bennett.
Jails: discharge plan.
Existing law, the California Community Corrections Performance Incentives Act of 2009, authorizes each county to establish a Community Corrections Performance Incentives Fund, and authorizes the state to annually allocate moneys into the State Community Corrections Performance Incentives Fund to be used for specified purposes relating to improving local probation supervision practices and capacities. Existing law establishes a local Community Corrections Partnership (CCP) in each county and requires the CCP to recommend a local plan to the county board of supervisors for the implementation of the 2011 public safety realignment.
This bill would require each
local CCP to recommend a local plan to the county board of supervisors for the implementation of discharge plans for individuals with mental illness, as specified.
Existing law authorizes a county sheriff to discharge a person from a county jail at any time on the last day that the person may be confined that the sheriff considers to be in the best interests of that person. Existing law additionally authorizes a sheriff to offer a voluntary program to a person, upon completion of a sentence served or a release ordered by the court to be effected the same day, that would allow the person to stay in jail for up to 16 additional hours or until normal business hours, whichever is shorter, in order to offer the person the ability to be discharged to a treatment center or during daytime hours, as specified. Existing law authorizes the person to revoke consent and be discharged as soon as possible and practicable. Existing law requires a sheriff
offering this program to, whenever possible, allow the person to make a telephone call to arrange for transportation or to notify a bail agent, as specified.
This bill would require a sheriff to make the release standards, release processes, and release schedules of a county jail available to incarcerated persons, as specified. The bill would additionally grant a person incarcerated in, or recently released from, a county jail up to 3 free telephone calls from a telephone in the county jail to plan for a safe and successful release.
This bill would additionally require each county sheriff to convene a mentally ill discharge plans advisory group, including representatives from the court, county behavioral health departments, law enforcement, and nonprofit
organizations serving mentally ill individuals who have been incarcerated. The bill would require the advisory group to, on or before July 1, 2023, meet and make recommendations to the sheriff and county board of supervisors on the establishment of county jail discharge plans for individuals with mental illness, as specified.
Because this bill would impose new duties on sheriffs and county jails, local governments it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1230.2 is added to the Penal Code, to read:1230.2.
(a) Each county local Community Corrections Partnership established pursuant to subdivision (b) of Section 1230 shall recommend a local plan to the county board of supervisors for the implementation of discharge plans for individuals with mental illness, as described in subdivision (b).(b) When developing recommendations for the establishment of county jail discharge plans for individuals with mental illness incarcerated for a period exceeding 30 days, the plans shall, at a minimum, address all of the following:
(1) Evaluation and access of the services needed by the individual upon intake.
(2) Coordination with
the local entity designated pursuant to Section 4011.11.
(3) Preenrollment into county and federal assistance services, such as CalFresh and Supplemental Security Income.
(4) Access to medications and mental and substance abuse counseling upon the incarcerated individual’s release.
(5) Availability and access to housing upon the incarcerated individual’s release.
(6) Transportation from the county jail to a safe location.
(c) The plan shall be voted on by an executive committee of each county’s Community Corrections Partnership consisting of the chief probation officer of the county as chair, the head of the county alcohol and substance abuse programs, the head of the county department of
mental health, the head of the county department of social services, the sheriff, the district attorney, the public defender, the presiding judge of the superior court, or their designee, and a representative from a community-based organization with experience in successfully providing rehabilitative services to persons who have been convicted of a criminal offense.
(d) The plan shall be deemed accepted by the county board of supervisors unless the board rejects the plan by a vote of four-fifths of the board, in which case the plan goes back to the Community Corrections Partnership for further consideration.
(e) If a discharge plan has been rejected by the county board of supervisors, the Community Corrections Partnership shall resubmit a new plan within 90 days.
SECTION 1.SEC. 2.
Section 4024.5 is added to the Penal Code, to read:4024.5.
(a) The rights established in this section apply to any person being released from a county jail, including, but not limited to, a person who has completed a sentence served, been ordered by the court to be released, been released on the person’s own recognizance, been released because the charges have been dismissed by the court, is acquitted by a jury, is cited and released on a misdemeanor charge, has posted bail, has complied with pretrial release conditions, or has had the charges dropped by the prosecutor.(b) (1) The sheriff shall make the release standards, release processes, and release schedules of a county jail available to a person
when the person is booked into a county jail and while incarcerated in a county jail.
(2) The release standards shall include the list of rights enumerated in this section and the timeframe for the expedient release of a person following the determination to release that person by a judge, jury, or appropriate county staff member.
(c) A person incarcerated in, or recently released from, a county jail shall have access to up to three free telephone calls from a telephone in the county jail to plan for a safe and successful release.
(a)Each county sheriff shall convene a mentally ill discharge plans advisory group, which shall include representatives from the court, county behavioral health departments, law enforcement, and nonprofit organizations serving mentally ill individuals who have been incarcerated.
(b)Members of these county advisory groups shall have expertise in providing services to mentally ill individuals.
(c)On or before July 1, 2023, the advisory group shall meet and make recommendations to the sheriff and county board of supervisors on the establishment of county jail discharge plans for individuals with mental illness incarcerated for a period exceeding 30 days and the plans shall, at
a minimum, address all of the following:
(1)Preenrollment into Medi-Cal and other county and federal assistance services.
(2)Access to medications and mental and substance abuse counseling upon the incarcerated individual’s release.
(3)Availability and access to housing.
(4)Transportation from the county jail to a safe location.
