California 2017-2018 Regular Session Status: Passed Senate

SB 8 — Diversion: mental disorders.

Last action — September 1 hearing: Held in committee and under submission.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law authorizes a court, with the consent of the defendant and a waiver of the defendant's speedy trial right, to postpone prosecution of a misdemeanor and place the defendant in a pretrial diversion program if the defendant is suffering from sexual trauma, a traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service. Existing law authorizes the defendant to be referred to services for treatment and requires the responsible agencies to report to the court and the prosecution not less than every 6 months. This bill would authorize a court, with the consent of the defendant and a waiver of the defendant's speedy trial right, to postpone prosecution of a misdemeanor or a felony punishable in a county jail, and place the defendant in a pretrial diversion program for up to 2 years if the court is satisfied the defendant suffers from a mental disorder, that the defendant's mental disorder played a significant role in the commission of the charged offense, and that the defendant would benefit from mental health treatment. For specified offenses, the bill would condition granting diversion on the consent of the prosecution. The bill would require the defense to arrange, to the satisfaction of the court, for a program of mental health treatment utilizing existing inpatient or outpatient mental health resources. The bill would require the divertee's mental health provider to provide reports on the defendant's progress to the court, the defense, and the prosecution not less than every 3 months. By increasing the duties of local prosecutors and public defenders, this bill would impose a state-mandated local program. The bill would require, upon successful completion of the diversion program, that the charges be dismissed and the records of the arrest sealed, and that the arrest be deemed never to have occurred, except as provided. The bill would state findings and declarations by the Legislature regarding the need for the diversion 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.

Bill Text

Action History

  1. September 1 hearing: Held in committee and under submission.

  2. August 23 set for first hearing. Placed on APPR. suspense file.

  3. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  4. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  5. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (June 27). Re-referred to Com. on APPR.

  6. Referred to Com. on PUB. S.

  7. In Assembly. Read first time. Held at Desk.

  8. Read third time. Passed. (Ayes 27. Noes 13. Page 1279.) Ordered to the Assembly.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 5. Noes 2. Page 1175.) (May 25).

  11. Set for hearing May 25.

  12. April 3 hearing: Placed on APPR. suspense file.

  13. Set for hearing April 3.

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 429.) (March 21). Re-referred to Com. on APPR.

  15. Set for hearing March 21.

  16. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  17. Referred to Com. on PUB. S.

  18. From printer. May be acted upon on or after January 5.

  19. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Acosta · Cosponsor
  • Beall · Primary
  • Hertzberg · Cosponsor
  • Maienschein · Cosponsor
  • Skinner · Cosponsor
  • Voepel · Cosponsor
  • Wieckowski · Cosponsor

Sponsorship breakdown

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1 sponsors · 6 co-sponsors · 115 not signed on

Sponsors (1)

  • Beall

Co-sponsors (6)

  • Acosta
  • Hertzberg
  • Maienschein
  • Skinner
  • Voepel
  • Wieckowski

Not signed on (115)

115 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does SB 8 do?
Existing law authorizes a court, with the consent of the defendant and a waiver of the defendant's speedy trial right, to postpone prosecution of a misdemeanor and place the defendant in a pretrial diversion program if the defendant is suffering from sexual trauma, a traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service. Existing law authorizes the defendant to be referred to services for treatment and requires the responsible agencies to report to the court and the prosecution not less than every 6 months. This bill would authorize a court, with the consent of the defendant and a waiver of the defendant's speedy trial right, to postpone prosecution of a misdemeanor or a felony punishable in a county jail, and place the defendant in a pretrial diversion program for up to 2 years if the court is satisfied the defendant suffers from a mental disorder, that the defendant's mental disorder played a significant role in the commission of the charged offense, and that the defendant would benefit from mental health treatment. For specified offenses, the bill would condition granting diversion on the consent of the prosecution. The bill would require the defense to arrange, to the satisfaction of the court, for a program of mental health treatment utilizing existing inpatient or outpatient mental health resources. The bill would require the divertee's mental health provider to provide reports on the defendant's progress to the court, the defense, and the prosecution not less than every 3 months. By increasing the duties of local prosecutors and public defenders, this bill would impose a state-mandated local program. The bill would require, upon successful completion of the diversion program, that the charges be dismissed and the records of the arrest sealed, and that the arrest be deemed never to have occurred, except as provided. The bill would state findings and declarations by the Legislature regarding the need for the diversion 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.
Who sponsors SB 8?
SB 8 is sponsored by Acosta, Beall, Hertzberg, Maienschein, Skinner, Voepel, and Wieckowski.
What is the current status of SB 8?
This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 8?
Track SB 8 free on One Click Politics — get push/email alerts when it moves.

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