MEASURE :  A.B. No. 97
AUTHOR(S) :  Zettel.
TOPIC :  Mentally disordered offenders:  time of commitment.
HOUSE LOCATION :  ASM
+LAST AMENDED DATE  :  03/29/2001
 

TYPE OF BILL :
                Active
                Non-Urgency
                Non-Appropriations
                Majority Vote Required
                State-Mandated Local Program
                Fiscal
                Non-Tax Levy

LAST HIST. ACT. DATE:  05/16/2001
LAST HIST. ACTION   :  In committee:  Hearing postponed by committee.
COMM. LOCATION :  ASM APPROPRIATIONS
COMM. ACTION DATE   :  05/16/2001
COMM. ACTION :  Hearing postponed by committee.

TITLE :  An act to amend Section 2972 of, and to add Section
 2972.05 to, the Penal Code, relating to prisoners.

BILL NUMBER: AB 97 AMENDED
 BILL TEXT

 AMENDED IN ASSEMBLY  MARCH 29, 2001
 AMENDED IN ASSEMBLY  MARCH 14, 2001

INTRODUCED BY   Assembly Member Zettel

                        JANUARY 11, 2001

   An act to amend Section 2972 of  , and to add Section 2972.05
to,  the Penal Code, relating to prisoners.
 

 LEGISLATIVE COUNSEL'S DIGEST
 

   AB 97, as amended, Zettel.  Mentally disordered offenders:  time
of commitment.
    (1)  Existing law provides, with respect to mentally
disordered offenders who are released on parole on condition that
they continue treatment upon termination of prison or parole, that if
the court or jury finds that the mentally disordered offender's
severe mental disorder is not in remission or cannot be kept in
remission without treatment, the mentally disordered offender may be
committed for treatment for one year, as specified.
   This bill would increase the time of commitment for the mentally
disordered offender from one year to 2 years, as specified.  The bill
would provide that nothing in its provisions is intended to change
the date of eligibility for parole, or the parole status, of any
person not found to be a mentally disordered offender.  To the extent
that this bill would increase the duties of local officials required
to provide treatment for the mentally disordered offender, this bill
would impose a state-mandated local program.
   (2) Existing law authorizes the placement on outpatient status of
any person convicted of a crime and committed to a state hospital or
other treatment facility under specified provisions of law.  Time
spent on outpatient status pursuant to these provisions, with a
specified exception, is not counted as actual custody and is not
credited toward the person's maximum term of imprisonment.  Existing
law also requires that outpatient status be for a period not to
exceed one year and establishes a procedure, after notice and a
hearing, to either discharge the person, order the person confined to
a treatment facility, or continue the person on outpatient status.
Existing law requires the court, upon receipt of a related specified
report that recommends confinement or continued outpatient treatment,
to direct that person's prior defense counsel to meet and confer
with that person to explain the recommendation contained therein.
Existing law also requires the court to appoint new counsel for this
purpose, if necessary.  Existing law requires that after this meeting
both defense counsel and the person on outpatient status sign a
specified form concerning the person's decision whether to challenge
the recommendation and proceed to a jury trial, which is required to
be returned to the court at least 10 days prior to the described
hearing. Existing law also provides for the person's counsel to sign
the form on the person's behalf if the person refuses or is unable to
do so, as specified. Existing law requires that a jury trial be set
for hearing within 60 days of the initial hearing if the person
either requests a jury trial or fails to waive his or her right to a
jury trial.
   This bill would create similar evaluation provisions to be
applicable in the case of a mentally disordered offender who is
confined to a treatment facility.
  (3)  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, including the creation of a State
Mandates Claims Fund to pay the costs of mandates that do not exceed
$1,000,000 statewide and other procedures for claims whose statewide
costs exceed $1,000,000.
   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 these
statutory provisions.
   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 2972 of the Penal Code is amended to read:
   2972.  (a) The court shall conduct a hearing on the petition under
Section 2970 for continued treatment.  The court shall advise the
person of his or her right to be represented by an attorney and of
the right to a jury trial.  The attorney for the person shall be
given a copy of the petition, and any supporting documents.  The
hearing shall be a civil hearing, however, in order to reduce costs
the rules of criminal discovery, as well as civil discovery, shall be
applicable.
   The standard of proof under this section shall be proof beyond a
reasonable doubt, and if the trial is by jury, the jury shall be
unanimous in its verdict.  The trial shall be by jury unless waived
by both the person and the district attorney.  The trial shall
commence no later than 30 calendar days prior to the time the person
would otherwise have been released, unless the time is waived by the
person or unless good cause is shown.
   (b) The people shall be represented by the district attorney.  If
the person is indigent, the county public defender shall be
appointed.
   (c) If the court or jury finds that the patient has a severe
mental disorder, that the patient's severe mental disorder is not in
remission or cannot be kept in remission without treatment, and that
by reason of his or her severe mental disorder, the patient
represents a substantial danger of physical harm to others, the court
shall order the patient recommitted to the facility in which the
patient was confined at the time the petition was filed, or
recommitted to the outpatient program in which he or she was being
treated at the time the petition was filed, or committed to the State
Department of Mental Health if the person was in prison.  The
commitment shall be for a period of two years from the date of
 the court or jury finding   termination of
parole or a previous commitment or the scheduled date of release from
prison as specified in Section 2970.  The person confined to a
treatment facility may affirmatively request a hearing during the
first year of commitment after receiving a copy of the annual medical
review pursuant to Section 2972.05  . Time spent on outpatient
status, except when placed in a locked facility at the direction of
the outpatient supervisor, shall not count as actual custody and
shall not be credited toward the person's maximum term of commitment
or toward the person's term of extended commitment.
   (d) A person shall be released on outpatient status if the
committing court finds that there is reasonable cause to believe that
the committed person can be safely and effectively treated on an
outpatient basis.  Except as provided in this subdivision, the
provisions of Title 15 (commencing with Section 1600) of Part 2,
shall apply to persons placed on outpatient status pursuant to this
paragraph.  The standard for revocation under Section 1609 shall be
that the person cannot be safely and effectively treated on an
outpatient basis.
   (e) Prior to the termination of a commitment under this section, a
petition for recommitment may be filed to determine whether the
patient's severe mental disorder is not in remission or cannot be
kept in remission without treatment, and whether by reason of his or
her severe mental disorder, the patient represents a substantial
danger of physical harm to others.  The recommitment proceeding shall
be conducted in accordance with the provisions of this section.
   (f) Any commitment under this article places an affirmative
obligation on the treatment facility to provide treatment for the
underlying causes of the person's mental disorder.
   (g) Except as provided in this subdivision, the person committed
shall be considered to be an involuntary mental health patient and he
or she shall be entitled to those rights set forth in Article 7
(commencing with Section 5325) of Chapter 2 of Part 1 of Division 5
of the Welfare and Institutions Code. Commencing January 1, 1986, the
State Department of Mental Health may adopt regulations to modify
those rights as is necessary in order to provide for the reasonable
security of the inpatient facility in which the patient is being
held.  This subdivision and the regulations adopted pursuant thereto
shall become operative on January 1, 1987, except that regulations
may be adopted prior to that date.
  SEC. 2.   Section 2972.05 is added to the Penal Code, to read:

   2972.05.  (a) The Department of Mental Health annually shall
furnish a medical evaluation report and recommendation to the court,
the prosecution, the defense attorney, and the mentally disordered
offender confined to a treatment facility.  If the recommendation is
that the person continue to be confined to a treatment facility or be
placed on outpatient status, the report shall also contain a
statement that conforms with requirements of subdivision (b).
   (b) (1) Upon receipt of a report that recommends continued
confinement or outpatient treatment, the court shall direct prior
defense counsel, or, if necessary, appoint new defense counsel, to
meet and confer with the person who is confined to a treatment
facility and explain the recommendation contained therein.  Following
this meeting, both defense counsel and the person confined to a
treatment facility shall sign and return to the court a form which
shall read as follows:

   "Check One:
   ____I do not believe that I need further treatment and I demand a
jury trial to decide this question.
   ____I accept the recommendation that I continue treatment."

   (2) The signed form shall be returned to the court within 30 days.
  If the person confined to a treatment facility refuses or is unable
to sign the form, his or her counsel shall indicate, in writing,
that the form and the report were explained to the person and the
person refused or was unable to sign the form.
   (c) If the person confined to treatment facility requests a jury
trial, a jury trial meeting all of the requirements of Section 2972
shall be set within 60 days of the initial hearing.
   (d) The trier of fact, or the court if trial is waived, shall
determine whether or not the requirements of subdivisions (c) and (d)
of Section 2972 have been met.  The court shall then make an
appropriate disposition to either discharge the person from
commitment under appropriate provisions of law, renew its approval
that the person be confined to a treatment facility, or order the
person placed on outpatient status.
   (e) The court shall notify the Department of Mental Health and the
person confined to a treatment facility, whether or not the person
was found suitable for release.
  SEC. 3.   Nothing in this act is intended to change the date
of eligibility for parole, or the parole status, of any person not
found to be a mentally disordered offender under Section 2972 of the
Penal Code.
  SEC. 3.
  SEC. 4.   Notwithstanding Section 17610 of the Government
Code, if the Commission on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part
7 (commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.