California 2015-2016 Regular Session Status: Enacted

SB 955 — State hospital commitment: compassionate release.

Last action — Chaptered by Secretary of State. Chapter 715, Statutes of 2016.

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

This bill has been enacted into law. Introduced February 04, 2016. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • 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

Action History

  1. Chaptered by Secretary of State. Chapter 715, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5 p.m.

  4. Assembly amendments concurred in. (Ayes 27. Noes 12. Page 5513.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 50. Noes 24. Page 6015.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 14. Noes 6.) (August 3).

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

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 28). Re-referred to Com. on APPR.

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

  12. Read second time and amended. Re-referred to Com. on PUB. S.

  13. From committee: Do pass as amended and re-refer to Com. on PUB. S. (Ayes 10. Noes 3.) (June 21).

  14. June 14 set for first hearing canceled at the request of author.

  15. Referred to Coms. on HEALTH and PUB. S.

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

  17. Read third time. Passed. (Ayes 24. Noes 13. Page 4039.) Ordered to the Assembly.

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 5. Noes 2. Page 4000.) (May 27).

  20. May 27 set for first hearing. Held in committee. Reconsideration of favorable vote granted.

  21. Set for hearing May 27.

  22. May 9 hearing: Placed on APPR. suspense file.

  23. Set for hearing May 9.

  24. Read second time and amended. Re-referred to Com. on APPR.

  25. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 3612.) (April 19).

  26. Set for hearing April 19.

  27. Read second time and amended. Re-referred to Com. on PUB. S.

  28. From committee: Do pass as amended and re-refer to Com. on PUB. S. (Ayes 7. Noes 2. Page 3335.) (March 30).

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

  30. Set for hearing March 30.

  31. Referred to Coms. on HEALTH and PUB. S.

  32. From printer. May be acted upon on or after March 6.

  33. 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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 27 Yea · 12 Nay
Party YeaNayPresentNot Voting
Unaffiliated 251100
Democratic 2100
Total 271200
% 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

Official roll call →

Passed 50 Yea · 24 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 451906
Democratic 4100
Republican 1400
Total 502406
% 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

Official roll call →

Do pass.

Passed 14 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12400
Democratic 2000
Republican 0200
Total 14600
% 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

Official roll call →

Passed 10 Yea · 3 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 9305
Republican 1000
Total 10305
% 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

Official roll call →

3rd Reading

Passed 24 Yea · 13 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 231301
Democratic 1002
Total 241303
% 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

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% 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

Official roll call →

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Democratic 1000
Total 6001
% 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

Official roll call →

Subjects

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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?
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