AB 2190 — Criminal defendants: gravely disabled persons.

Summary

(1) Existing law prohibits outpatient status for a person who is charged with and found incompetent on a charge of, convicted of, or found not guilty by reason of insanity of certain crimes, including, but not limited to, murder, mayhem, aggravated mayhem, or any felony involving death, great bodily injury, or an act which poses a serious threat of bodily harm to another person, until the person has actually been confined in a state hospital or other treatment facility for at least 180 days. Existing law permits outpatient status, without first being confined in a state hospital or other treatment facility, for a person charged with, and found incompetent on a charge of, or convicted of, any misdemeanor or any felony other than those described above, or found not guilty of any misdemeanor by reason of insanity, if specified conditions are met. This bill would exempt from this 180-day prohibition cases where the court finds a suitable placement, including, but not limited to, an outpatient placement program, that would provide the person with more appropriate mental health treatment and the court finds that the placement would not pose a danger to the health or safety of others. (2) Existing law establishes other conditions under which the above-described persons are eligible for outpatient status, including, but not limited to, that both the director of the treatment facility and the community program director advise the court that the person no longer poses a danger and would benefit from outpatient status. This bill would remove these conditions and would, instead, require that the court consider whether those advisements had been made, and would make conforming changes. (3) Existing law, the Lanterman-Pertis-Short Act, authorizes the appointment of a conservatorship for a person who is gravely disabled as a result of mental disorder or impairment by chronic alcoholism. Existing law requires the officer providing the conservatorship investigation to investigate all available alternatives to conservatorship and to recommend conservatorship to the court only if no suitable alternatives are available, and to render a written report to the court. Existing law authorizes a court to order a person alleged, as a result of mental disorder, to be a danger to others, or to himself or herself, or to be gravely disabled, to be given an evaluation of his or her condition. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would, when a court with jurisdiction over a person in a criminal case orders an evaluation of the person's mental condition, and that evaluation leads to a conservatorship investigation, require the officer providing the conservatorship investigation to serve a copy of the report on the defendant or the defendant's counsel. The bill would require the investigating officer, upon the prior written request of the defendant or the defendant's counsel, to submit a copy of the report to the court hearing the criminal case, the district attorney, and the county probation department. The bill would require that the conservatorship investigation report and the information contained therein be kept confidential and not be further disclosed to anyone without the prior written consent of the defendant. The bill would, with certain exceptions, require that after disposition of the criminal case, the court place all copies of the report in a sealed file. By increasing the duties of local officials, this bill would impose a state-mandated local program. This bill would make legislative findings to the effect that any limitation on the public's right of access to the report is outweighed by the need to protect the privacy interests of the proposed conservatee and to prevent the chilling effect that would result from disclosure. (4) 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 these statutory provisions.

Bill Text

• Chaptered 09/28/14 - Chaptered Current pdf September 28, 2014
• Enrolled 09/04/14 - Enrolled pdf September 04, 2014
• Amended 08/21/14 - Amended Senate pdf August 21, 2014
• Amended 05/23/14 - Amended Assembly pdf May 23, 2014
• Introduced 02/20/14 - Introduced pdf February 20, 2014
• AB2190 View text html

Action History

1. September 28, 2014

   Chaptered by Secretary of State - Chapter 734, Statutes of 2014.

2. September 28, 2014

   Approved by the Governor.

3. September 10, 2014

   Enrolled and presented to the Governor at 4 p.m.

4. August 28, 2014

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6631.).

5. August 28, 2014

   Assembly Rule 77 suspended. (Page 6616.)

6. August 27, 2014

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 29 pursuant to Assembly Rule 77.

7. August 27, 2014

   Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 2. Page 4902.).

8. August 27, 2014

   Ordered to third reading.

9. August 26, 2014

   Ordered to special consent calendar.

10. August 22, 2014

    Read second time. Ordered to third reading.

11. August 21, 2014

    Read third time and amended. Ordered to second reading.

12. August 18, 2014

    Read second time. Ordered to third reading.

13. August 14, 2014

    From committee: Do pass. (Ayes 5. Noes 0.) (August 14).

14. August 04, 2014

    In committee: Placed on APPR. suspense file.

15. June 25, 2014

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 24). Re-referred to Com. on APPR.

16. June 19, 2014

    From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 8. Noes 0.) (June 18). Re-referred to Com. on PUB. S.

17. June 11, 2014

    Referred to Coms. on HEALTH and PUB. S.

18. May 28, 2014

    In Senate. Read first time. To Com. on RLS. for assignment.

19. May 28, 2014

    Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 5265.)

20. May 27, 2014

    Read second time. Ordered to third reading.

21. May 23, 2014

    Read second time and amended. Ordered to second reading.

22. May 23, 2014

    From committee: Do pass as amended. (Ayes 17. Noes 0.) (May 23).

23. April 30, 2014

    In committee: Set, first hearing. Referred to APPR. suspense file.

24. April 22, 2014

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 22). Re-referred to Com. on APPR.

25. March 06, 2014

    Referred to Com. on PUB. S.

26. February 21, 2014

    From printer. May be heard in committee March 23.

27. February 20, 2014

    Read first time. To print.

Sponsors

• Maienschein · Primary

Votes

Subjects