State hospital commitment: compassionate release.
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SB 955 — State hospital commitment: compassionate release.
Last action — Chaptered by Secretary of State. Chapter 715, Statutes of 2016.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 04, 2016. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 11 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Existing law requires, when a defendant pleads not guilty by reason of insanity, that a jury determine whether the defendant was sane or insane at the time the offense was committed. Under existing law, if a defendant is found to be not guilty by reason of insanity, the court is required to commit the person to a state hospital, or a public or private treatment facility, or place him or her on outpatient status, as specified. Existing law, subject to exceptions, authorizes the release of a prisoner from state prison if the court finds that the prisoner is terminally ill with an incurable condition caused by an illness or disease that would produce death within 6 months, as determined by a physician employed by the department, and that conditions under which the prisoner would be released or receive treatment do not pose a threat to public safety. This bill would establish similar compassionate release provisions for a defendant who has been committed to a state hospital because, among other reasons, the defendant is incompetent to stand trial or to be adjudged to punishment, or the defendant is a mentally disordered offender, including a person who has been found not guilty by reason of insanity. The bill would make additional conforming changes and would authorize the director to adopt emergency regulations to implement these provisions.
Bill Text
- Chaptered 09/27/16 - Chaptered Current pdf September 27, 2016
- Enrolled 09/02/16 - Enrolled pdf September 02, 2016
- Amended 08/01/16 - Amended Assembly pdf August 01, 2016
- Amended 06/23/16 - Amended Assembly pdf June 23, 2016
- Amended 06/22/16 - Amended Assembly pdf June 22, 2016
- Amended 04/26/16 - Amended Senate pdf April 26, 2016
- Amended 04/04/16 - Amended Senate pdf April 04, 2016
- Amended 03/28/16 - Amended Senate pdf March 28, 2016
- Introduced 02/04/16 - Introduced pdf February 04, 2016
- SB955 View text html
Action History
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Chaptered by Secretary of State. Chapter 715, Statutes of 2016.
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Approved by the Governor.
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Enrolled and presented to the Governor at 5 p.m.
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Assembly amendments concurred in. (Ayes 27. Noes 12. Page 5513.) Ordered to engrossing and enrolling.
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In Senate. Concurrence in Assembly amendments pending.
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Read third time. Passed. (Ayes 50. Noes 24. Page 6015.) Ordered to the Senate.
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 14. Noes 6.) (August 3).
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 28). Re-referred to Com. on APPR.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
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Read second time and amended. Re-referred to Com. on PUB. S.
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From committee: Do pass as amended and re-refer to Com. on PUB. S. (Ayes 10. Noes 3.) (June 21).
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June 14 set for first hearing canceled at the request of author.
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Referred to Coms. on HEALTH and PUB. S.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 24. Noes 13. Page 4039.) Ordered to the Assembly.
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 5. Noes 2. Page 4000.) (May 27).
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May 27 set for first hearing. Held in committee. Reconsideration of favorable vote granted.
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Set for hearing May 27.
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May 9 hearing: Placed on APPR. suspense file.
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Set for hearing May 9.
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Read second time and amended. Re-referred to Com. on APPR.
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From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 3612.) (April 19).
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Set for hearing April 19.
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Read second time and amended. Re-referred to Com. on PUB. S.
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From committee: Do pass as amended and re-refer to Com. on PUB. S. (Ayes 7. Noes 2. Page 3335.) (March 30).
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
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Set for hearing March 30.
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Referred to Coms. on HEALTH and PUB. S.
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From printer. May be acted upon on or after March 6.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Beall · Primary
- Hancock · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 120 not signed on · 11 voted No
Sponsors (1)
- Beall
Co-sponsors (1)
- Hancock
Not signed on (120)
120 members have not signed on to this bill.
Show all 120 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 25 | 11 | 0 | 0 |
| Democratic | 2 | 1 | 0 | 0 |
| Total | 27 | 12 | 0 | 0 |
| % of votes cast | 69% | 31% | 0% | 0% |
How each member voted (39)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Nay |
| Bates | — | Nay |
| Morrell | — | Nay |
| Nielsen | — | Nay |
| Pan | — | Yea |
| Pavley | — | Yea |
| Vidak | — | Nay |
| Wieckowski | — | Yea |
| Cannella | — | Nay |
| Allen | — | Yea |
| Mitchell | — | Yea |
| De León | — | Yea |
| Hill | — | Yea |
| Lara | — | Yea |
| Leno | — | Yea |
| Hall | — | Yea |
| Hernandez | — | Yea |
| Hertzberg | — | Yea |
| Beall | — | Yea |
| Block | — | Yea |
| Hueso | — | Yea |
| Huff | — | Nay |
| Leyva | — | Yea |
| Liu | — | Yea |
| Mendoza | — | Yea |
| Monning | — | Yea |
| Moorlach | — | Yea |
| Roth | — | Yea |
| Wolk | — | Yea |
| Fuller | — | Nay |
| Galgiani | — | Yea |
| Glazer | — | Yea |
| Hancock | — | Yea |
| Beth Gaines | — | Nay |
| Bill Berryhill | — | Nay |
| Mark Stone | — | Nay |
| Jackson, Corey A. | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 45 | 19 | 0 | 6 |
| Democratic | 4 | 1 | 0 | 0 |
| Republican | 1 | 4 | 0 | 0 |
| Total | 50 | 24 | 0 | 6 |
| % of votes cast | 63% | 30% | 0% | 8% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Not Voting |
| Alejo | — | Yea |
| Baker | — | Yea |
| Brough | — | Nay |
| Brown | — | Yea |
| Holden | — | Yea |
| Kim | — | Nay |
| Linder | — | Nay |
| Maienschein | — | Nay |
| Mathis | — | Nay |
| Medina | — | Yea |
| Quirk | — | Yea |
| Santiago | — | Yea |
| Wagner | — | Nay |
| Wood | — | Yea |
| Eggman | — | Yea |
| Frazier | — | Yea |
| Burke | — | Yea |
| Gatto | — | Nay |
| Gordon | — | Yea |
| Campos | — | Yea |
| Chau | — | Yea |
| Chiu | — | Yea |
| Salas | — | Yea |
| Bonilla | — | Yea |
| Harper | — | Nay |
| Gray | — | Yea |
| Jones-Sawyer | — | Yea |
| Lopez | — | Yea |
| Levine | — | Yea |
| Low | — | Yea |
| Mayes | — | Nay |
| McCarty | — | Yea |
| Atkins | — | Yea |
| Bloom | — | Yea |
| Chu | — | Yea |
| Chávez | — | Yea |
| Cooley | — | Yea |
| Daly | — | Yea |
| Dodd | — | Yea |
| Mullin | — | Yea |
| Nazarian | — | Yea |
| O'Donnell | — | Yea |
| Obernolte | — | Nay |
| Rendon | — | Yea |
| Ridley-Thomas | — | Yea |
| Thurmond | — | Yea |
| Ting | — | Yea |
| Weber | — | Yea |
| Williams | — | Yea |
| Hadley | — | Nay |
| Chang | — | Nay |
| Bigelow | — | Nay |
| Cooper | — | Not Voting |
| Dababneh | — | Not Voting |
| Melendez | — | Not Voting |
| Olsen | — | Not Voting |
| Rodriguez | — | Not Voting |
| Steinorth | — | Nay |
| Waldron | — | Nay |
| Wilk | — | Nay |
| Gomez | — | Yea |
| Beth Gaines | — | Nay |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Nay |
| Lorena Gonzalez | — | Yea |
| Mark Stone | — | Yea |
| Roger Hernández | — | Yea |
| Travis Allen | — | Nay |
| Arambula, Joaquin | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Nay |
| Dahle, Megan | Republican | Nay |
| Gallagher, James | Republican | Nay |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 4 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 0 | 2 | 0 | 0 |
| Total | 14 | 6 | 0 | 0 |
| % of votes cast | 70% | 30% | 0% | 0% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Bigelow | — | Nay |
| Bloom | — | Yea |
| Holden | — | Yea |
| Obernolte | — | Nay |
| Eggman | — | Yea |
| Bonilla | — | Yea |
| Chang | — | Nay |
| Chau | — | Yea |
| Daly | — | Yea |
| Quirk | — | Yea |
| Santiago | — | Yea |
| Wagner | — | Nay |
| Weber | — | Yea |
| Wood | — | Yea |
| Eduardo Garcia | — | Yea |
| Lorena Gonzalez | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Gallagher, James | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 1 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 6 | 1 | 0 | 0 |
| % of votes cast | 86% | 14% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Jones-Sawyer | — | Yea |
| Quirk | — | Yea |
| Santiago | — | Yea |
| Lopez | — | Yea |
| Low | — | Yea |
| Melendez | — | Nay |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 3 | 0 | 5 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 10 | 3 | 0 | 5 |
| % of votes cast | 56% | 17% | 0% | 28% |
How each member voted (18)
| Member | Party | Vote |
|---|---|---|
| Maienschein | — | Nay |
| Waldron | — | Nay |
| Burke | — | Yea |
| Campos | — | Yea |
| Chiu | — | Not Voting |
| Bonilla | — | Yea |
| Gomez | — | Not Voting |
| Nazarian | — | Yea |
| Olsen | — | Not Voting |
| Ridley-Thomas | — | Yea |
| Rodriguez | — | Not Voting |
| Santiago | — | Yea |
| Steinorth | — | Nay |
| Thurmond | — | Yea |
| Wood | — | Yea |
| Jim Patterson | — | Not Voting |
| Roger Hernández | — | Yea |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 23 | 13 | 0 | 1 |
| Democratic | 1 | 0 | 0 | 2 |
| Total | 24 | 13 | 0 | 3 |
| % of votes cast | 60% | 33% | 0% | 8% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Nay |
| Beall | — | Yea |
| Hancock | — | Yea |
| Hernandez | — | Yea |
| Hertzberg | — | Yea |
| Hueso | — | Yea |
| Lara | — | Yea |
| Liu | — | Yea |
| Mendoza | — | Yea |
| Moorlach | — | Yea |
| Nielsen | — | Nay |
| Allen | — | Yea |
| Mitchell | — | Yea |
| De León | — | Yea |
| Cannella | — | Nay |
| Glazer | — | Yea |
| Runner | — | Not Voting |
| Hall | — | Yea |
| Bates | — | Nay |
| Block | — | Yea |
| Hill | — | Yea |
| Huff | — | Nay |
| Leno | — | Yea |
| Leyva | — | Nay |
| Monning | — | Yea |
| Morrell | — | Nay |
| Pan | — | Yea |
| Pavley | — | Yea |
| Roth | — | Yea |
| Vidak | — | Nay |
| Wieckowski | — | Yea |
| Wolk | — | Yea |
| Fuller | — | Nay |
| Galgiani | — | Nay |
| Beth Gaines | — | Nay |
| Bill Berryhill | — | Nay |
| Mark Stone | — | Nay |
| Jackson, Corey A. | Democratic | Not Voting |
| McGuire, Mike | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Nielsen | — | Yea |
| Hill | — | Yea |
| Lara | — | Yea |
| Bates | — | Yea |
| Beall | — | Yea |
| Mendoza | — | Yea |
| McGuire, Mike | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 2 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Beall | — | Yea |
| Hill | — | Yea |
| Nielsen | — | Nay |
| Bates | — | Nay |
| Lara | — | Yea |
| Mendoza | — | Yea |
| McGuire, Mike | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 1 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 6 | 0 | 0 | 1 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Bates | — | Not Voting |
| Beall | — | Yea |
| Mendoza | — | Yea |
| Hill | — | Yea |
| Lara | — | Yea |
| Nielsen | — | Yea |
| McGuire, Mike | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 2 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Leno | — | Yea |
| Monning | — | Yea |
| Glazer | — | Yea |
| Hancock | — | Yea |
| Liu | — | Yea |
| Anderson | — | Nay |
| Mark Stone | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 1 | 0 | 0 |
| Democratic | 0 | 1 | 0 | 0 |
| Total | 7 | 2 | 0 | 0 |
| % of votes cast | 78% | 22% | 0% | 0% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Hernandez | — | Yea |
| Nielsen | — | Nay |
| Pan | — | Yea |
| Roth | — | Yea |
| Wolk | — | Yea |
| Hall | — | Yea |
| Mitchell | — | Yea |
| Monning | — | Yea |
| Nguyen, Stephanie | Democratic | Nay |
Subjects
Frequently asked questions
- What does SB 955 do?
- Existing law requires, when a defendant pleads not guilty by reason of insanity, that a jury determine whether the defendant was sane or insane at the time the offense was committed. Under existing law, if a defendant is found to be not guilty by reason of insanity, the court is required to commit the person to a state hospital, or a public or private treatment facility, or place him or her on outpatient status, as specified. Existing law, subject to exceptions, authorizes the release of a prisoner from state prison if the court finds that the prisoner is terminally ill with an incurable condition caused by an illness or disease that would produce death within 6 months, as determined by a physician employed by the department, and that conditions under which the prisoner would be released or receive treatment do not pose a threat to public safety. This bill would establish similar compassionate release provisions for a defendant who has been committed to a state hospital because, among other reasons, the defendant is incompetent to stand trial or to be adjudged to punishment, or the defendant is a mentally disordered offender, including a person who has been found not guilty by reason of insanity. The bill would make additional conforming changes and would authorize the director to adopt emergency regulations to implement these provisions.
- Who sponsors SB 955?
- SB 955 is sponsored by Beall and Hancock.
- What is the current status of SB 955?
- This bill has been enacted into law. Introduced February 04, 2016. Enacted.
- Where can I track SB 955?
- Track SB 955 free on One Click Politics — get push/email alerts when it moves.
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