Bill Text: CA SB142 | 2017-2018 | Regular Session | Amended
Bill Title: Criminal offenders: mental health.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-08-16 - August 16 hearing: Held in committee and under submission. [SB142 Detail]
Download: California-2017-SB142-Amended.html
Amended
IN
Assembly
August 06, 2018 |
Amended
IN
Assembly
June 21, 2018 |
Amended
IN
Assembly
June 21, 2017 |
Amended
IN
Senate
May 26, 2017 |
Amended
IN
Senate
April 24, 2017 |
Amended
IN
Senate
April 06, 2017 |
Amended
IN
Senate
March 08, 2017 |
Senate Bill | No. 142 |
Introduced by Senator Beall |
January 13, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
The bill would require the Judicial Council, at specified intervals and in consultation with the chief probation officer and behavioral health department of each county and the Department of Corrections and Rehabilitation, to provide a report to the Department of Finance containing specified statistics regarding felony filings, convictions, and sentencing in each county and related statistics regarding the population in each county receiving specified mental health services through Medi-Cal.
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.
Section 1203 of the Penal Code is amended to read:1203.
(a) As used in this code, “probation” means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer. As used in this code, “conditional sentence” means the suspension of the imposition or execution of a sentence and the order of revocable release in the community subject to conditions established by the court without the supervision of a probation officer. It is the intent of the Legislature that both conditional sentence and probation are authorized whenever probation is authorized in any law as a sentencing option for infractions or misdemeanors.SEC. 2.
Section 1203.1 of the Penal Code is amended to read:1203.1.
(a) The court, or judge thereof, in the order granting probation, may suspend the imposition or the execution of the sentence and may direct that the suspension may continue for a period of time not exceeding the maximum possible term of the sentence, except as hereinafter set forth, and upon those terms and conditions as it shall determine. The court, or judge thereof, in the order granting probation and as a condition thereof, may imprison the defendant in a county jail for a period not exceeding the maximum time fixed by law in the case.SEC. 3.
Chapter 3.5 (commencing with Section 1233.51) is added to Title 8 of Part 2 of the Penal Code, to read:CHAPTER 3.5. County Mental Health Incarceration Rate Reduction Incentive Program
1233.51.
(a) Each county is hereby authorized to establish in each county treasury a Community Mental Health Performance Incentives Fund, to receive all amounts allocated to that county for purposes of implementing this chapter.(a)The Judicial Council shall, in consultation with the chief probation officer and behavioral health department of each county and the Department of Corrections and Rehabilitation, provide a statistical report to the Department of Finance, including, but not limited to, the following statistical information for each county:
(1)The number of felony filings.
(2)The number of felony convictions.
(3)The number of felony convictions in which the defendant was sentenced to imprisonment in the state prison.
(4)The number of felony convictions in each county in which
the defendant was sentenced to imprisonment in a county jail pursuant to subdivision (h) of Section 1170.
(5)The number of felony convictions in which the defendant was granted probation.
(6)The adult felon probation population.
(7)The number of adult felony convictions in which the defendant was sentenced to imprisonment in the state prison for a new crime and was placed in the Mental Health Services Delivery System upon entry into the state prison. The calculation shall not include any adult sentenced to state prison for termination of probation, mandatory supervision, or postrelease community supervision.
(b)In the first year of
implementation the report required pursuant to subdivision (a) shall be submitted quarterly. After the first year, the report shall be submitted biannually.
1233.52.
(a) By December 31, 2019, and by December 31 of each calendar year, the Department of Corrections and Rehabilitation shall report to the Department of Finance the number of inmates per county sentenced in that calendar year to imprisonment in the state prison that were placed in the Mental Health Services Delivery System upon entry into the state prison. The calculation shall not include any adult sentenced to state prison for termination of probation, mandatory supervision, or postrelease community supervision.1233.53.
(b)The total statewide number of inmates in the
Department of Corrections and Rehabilitation who have received mental health services through the Mental Health Services Delivery System within the past year.
(c)The total number of inmates described in subdivision (b) from each county who were not under the supervision of the county probation department at the time of admission.
(d)
1233.54.
(a) Annually, theIf data of sufficient quality and of the types required for the implementation of this chapter are not available to the Director of Finance, the Director of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, and the Judicial Council, shall use the best available data to estimate the statewide performance incentive payments utilizing a methodology that is as consistent with that described in this chapter as is reasonably possible.
(a)A mental health incarceration rate reduction incentive payment calculated pursuant to Section 1233.54 for any calendar year shall be provided to a county in the following fiscal year. The total annual payment to a county shall be divided into four equal quarterly payments.
(b)The Department of Finance shall include an estimate of the total performance incentive payments to be provided to counties in the coming fiscal year as part of the Governor’s proposed budget released no later than January 10 of each year. This estimate shall be adjusted by the Department of Finance,
as necessary, to reflect the actual calculations of payments completed by the Director of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, the County Behavioral Health Directors Association of California, the California State Association of Counties, and the Judicial Council. This adjustment shall occur as part of standard budget revision processes completed by the Department of Finance in April and May of each year.
(c)There is hereby established, in the State Treasury, the State Community Mental Health Performance Incentives Fund. Moneys appropriated by the Legislature for purposes of mental health incarceration rate reduction incentive payments authorized pursuant to
Section 1233.54 shall be transferred into this fund from the General Fund. Any moneys transferred into this fund from the General Fund shall be administered by the Judicial Council, and the share calculated for each county board of supervisors shall be transferred to its Community Mental Health Performance Incentives Fund, authorized in Section 1233.51.
(d)For each fiscal year, the Director of Finance shall determine the total amount of the State Community Mental Health Performance Incentives Fund and the amount to be allocated to each county, pursuant to this section and Section 1233.54, and shall report those amounts to the Controller. The Controller shall make an allocation from the State Community Mental Health Performance Incentives Fund authorized in subdivision (c) to each county in accordance with the
amounts provided.
(a)A county receiving funding pursuant to this chapter shall submit a report to the Judicial Council and the County Behavioral Health Directors Association of California describing how it plans on using the funds to enhance its ability to be successful under this chapter. Commencing January 1, 2020, a county that fails to submit this report by March 1 annually shall not receive funding pursuant to this chapter in the subsequent fiscal year.
(b)A county that fails to provide the information
specified in Section 1233.52 to the Judicial Council shall not be eligible for payment pursuant to this chapter.
Any moneys appropriated pursuant to this chapter shall be used to supplement, not supplant, any other state or county appropriation for a chief probation officer, probation department, or county department of behavioral health.