California 2015-2016 Regular Session Status: Passed Assembly

AB 2827 — Prisoners: mental health treatment.

Last action — Re-referred to Com. on RLS.

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

This bill died with 2015-2016 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 prohibits a person from being tried, adjudged to punishment, or having his or her probation, mandatory supervision, postrelease community supervision, or parole revoked while that person is mentally incompetent. Existing law establishes a process by which a defendant's mental competency is evaluated and by which the defendant receives treatment, including, if applicable, antipsychotic medication, with the goal of returning the defendant to competency. Existing law credits time spent by a defendant in a state hospital or other facility as a result of commitment during the process toward the term of any imprisonment for which the defendant is sentenced. This bill, until January 1, 2021, for the Counties of Los Angeles and Santa Clara, would authorize a defendant who is or has been eligible for public mental health services due to a serious mental illness or who is eligible for Social Security Disability Insurance benefits due to a diagnosed mental illness to petition the court, after the defendant's plea or conviction but prior to sentencing, for a sentence that includes mental health treatment. The bill would authorize a court, if it finds that the defendant has shown that he or she meets the criteria by a preponderance of the evidence, to order the Department of Corrections and Rehabilitation or the county authority to provide specified mental health service, including placement in a residential mental health treatment facility instead of state prison or county jail, placement in a mental health program within the state prison or county jail, or preparation of a postrelease mental health treatment plan. The bill would authorize the court, upon petition of the defendant or the prosecution, to recall a sentence that includes a mental health order and resentence the defendant to other mental health treatment or resentence the defendant without mental health treatment. The bill would provide that the defendant has the right to counsel for these proceedings. The bill would require the Legislative Analyst's Office to submit a report to the Legislature and the Governor, as specified. By imposing additional duties upon county jail authorities, this bill would create a state-mandated local 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 these statutory provisions. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Los Angeles and Santa Clara.

Bill Text

Action History

  1. Re-referred to Com. on RLS.

  2. Withdrawn from committee.

  3. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  4. In committee: Set, first hearing. Hearing canceled at the request of author.

  5. Referred to Com. on JUD.

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

  7. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 4784.)

  8. Read second time. Ordered to Consent Calendar.

  9. Read second time and amended. Ordered returned to second reading.

  10. From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 10. Noes 0.) (May 3).

  11. In committee: Set, first hearing. Testimony taken.

  12. Re-referred to Com. on JUD.

  13. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  14. Referred to Com. on JUD.

  15. Read first time.

  16. From printer. May be heard in committee March 22.

  17. Introduced. To print.

Sponsors

  • Levine · Primary
  • Low · Cosponsor
  • Thurmond · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Levine

Co-sponsors (2)

  • Low
  • Thurmond

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

AB 2827 LEVINE Consent Calendar Second Day

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 68002
Democratic 5000
Republican 5000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Mathis — Yea
Mullin — Yea
Nazarian — Yea
Olsen — Yea
Quirk — Yea
Rendon — Yea
Steinorth — Yea
Wagner — Yea
Weber — Yea
Eggman — Yea
Daly — Yea
Frazier — Yea
Gomez — Yea
Chau — Yea
Harper — Yea
Salas — Yea
Chu — Yea
Cooper — Yea
Linder — Yea
Low — Yea
Mayes — Yea
O'Donnell — Yea
Obernolte — Yea
Rodriguez — Yea
Wilk — Yea
Williams — Yea
Gatto — Yea
Burke — Not Voting
Holden — Yea
Jones-Sawyer — Not Voting
Kim — Yea
Levine — Yea
Gray — Yea
Maienschein — Yea
McCarty — Yea
Atkins — Yea
Campos — Yea
Bonilla — Yea
Medina — Yea
Lopez — Yea
Melendez — Yea
Bigelow — Yea
Chang — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Ridley-Thomas — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Wood — Yea
Gordon — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Subjects

public-safety healthcare
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Frequently asked questions

What does AB 2827 do?
Existing law prohibits a person from being tried, adjudged to punishment, or having his or her probation, mandatory supervision, postrelease community supervision, or parole revoked while that person is mentally incompetent. Existing law establishes a process by which a defendant's mental competency is evaluated and by which the defendant receives treatment, including, if applicable, antipsychotic medication, with the goal of returning the defendant to competency. Existing law credits time spent by a defendant in a state hospital or other facility as a result of commitment during the process toward the term of any imprisonment for which the defendant is sentenced. This bill, until January 1, 2021, for the Counties of Los Angeles and Santa Clara, would authorize a defendant who is or has been eligible for public mental health services due to a serious mental illness or who is eligible for Social Security Disability Insurance benefits due to a diagnosed mental illness to petition the court, after the defendant's plea or conviction but prior to sentencing, for a sentence that includes mental health treatment. The bill would authorize a court, if it finds that the defendant has shown that he or she meets the criteria by a preponderance of the evidence, to order the Department of Corrections and Rehabilitation or the county authority to provide specified mental health service, including placement in a residential mental health treatment facility instead of state prison or county jail, placement in a mental health program within the state prison or county jail, or preparation of a postrelease mental health treatment plan. The bill would authorize the court, upon petition of the defendant or the prosecution, to recall a sentence that includes a mental health order and resentence the defendant to other mental health treatment or resentence the defendant without mental health treatment. The bill would provide that the defendant has the right to counsel for these proceedings. The bill would require the Legislative Analyst's Office to submit a report to the Legislature and the Governor, as specified. By imposing additional duties upon county jail authorities, this bill would create a state-mandated local 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 these statutory provisions. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Los Angeles and Santa Clara.
Who sponsors AB 2827?
AB 2827 is sponsored by Levine, Low, and Thurmond.
What is the current status of AB 2827?
This bill died with 2015-2016 Regular Session. It reached “Passed Assembly” 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 AB 2827?
Track AB 2827 free on One Click Politics — get push/email alerts when it moves.

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