Bill Text: CA SB1282 | 2011-2012 | Regular Session | Amended
Bill Title: Inmates: mental health treatment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-04-17 - Set, first hearing. Hearing canceled at the request of author. [SB1282 Detail]
Download: California-2011-SB1282-Amended.html
BILL NUMBER: SB 1282 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 27, 2012
INTRODUCED BY Senator Blakeslee
FEBRUARY 23, 2012
An act to amend Section 4504 of the Penal Code, relating to
inmates.
LEGISLATIVE COUNSEL'S DIGEST
SB 1282, as amended, Blakeslee. Inmates: mental health treatment.
Existing law describes the circumstances under which a person is
deemed confined in a "state prison," including when the person is
committed to a facility of the Department of Corrections and
Rehabilitation or when the person is temporarily outside its walls or
bounds for the purpose of serving on a work detail or for the
purpose of confinement in a local correctional institution pending
trial. Existing law provides that a person who is confined in the
state prison who commits a crime, such as possessing or manufacturing
a weapon, such as a weapon commonly known as a blackjack, committing
a battery on a person who is not confined in a state prison, or
escaping or attempting to escape from the state prison, is guilty of
a felony punishable by imprisonment in the state prison for
additional terms, as specified, to be served consecutively.
Existing law also provides that mentally ill, mentally deficient,
or insane persons who are confined to the state prison may be treated
at a state hospital if the Secretary of Corrections and
Rehabilitation believes that the person's rehabilitation may be
expedited by that treatment.
Existing law requires that a prisoner who meets certain specified
criteria relating to having a severe mental disorder be treated by
the State Department of Mental Health as a condition of parole.
This bill would provide that a person is deemed "confined in" a
prison if he or she is confined in a state hospital where
prisoners of the state are located and receiving mental health
treatment or where prisoners are confined and are receiving mental
health treatment as a condition of parole either
transferred to a state hospital pursuant to the above provisions of
existing law or, as a condition of parole, is required to be treated
in a state hospital by the State Department of Mental Health .
By changing the classification of certain crimes, such as possessing
a weapon commonly known as a blackjack when committed by persons who
are receiving mental health treatment, from a misdemeanor to a
felony, the bill would impose additional duties on local prosecuting
entities, thereby creating 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 no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4504 of the Penal Code is amended to read:
4504. For purposes of this chapter:
(a) A person is deemed confined in a "state prison" if he or she
is confined in any of the prisons and institutions specified in
Section 5003 by order made pursuant to law, including, but not
limited to, commitments to the Department of Corrections and
Rehabilitation, regardless of the purpose of such confinement and
regardless of the validity of the order directing that confinement,
until a judgment of a competent court setting aside the order becomes
final.
(b) A person is deemed "confined in" a prison although, at the
time of the offense, he or she is temporarily outside its walls or
bounds for the purpose of serving on a work detail or for the purpose
of confinement in a local correctional institution pending trial or
for any other purpose for which a prisoner may be allowed temporarily
outside the walls or bounds of the prison, but a prisoner who has
been released on parole is not deemed "confined in" a prison for
purposes of this chapter.
(c) A person is deemed "confined in" a prison if he or she is
confined in a place where prisoners of the state are located within
the meaning of Section 2684 or where prisoners are confined and are
receiving mental health treatment as a condition of parole.
(c) A person is deemed "confined in" a prison if he or she is
either transferred to a state hospital pursuant to Section 2684 or,
as a condition of parole, is required to be treated in a state
hospital by the State Department of Mental Health pursuant to Section
2962.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
