Bill Text: CA AB2023 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Jails: discharge plans.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-15 - Chaptered by Secretary of State - Chapter 327, Statutes of 2022. [AB2023 Detail]

Download: California-2021-AB2023-Amended.html

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Amended  IN  Assembly  March 16, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2023

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Introduced by Assembly Member Bennett

February 14, 2022

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An act to add Sections 1230.3 and Section 4024.5 to the Penal Code, relating to jails.

LEGISLATIVE COUNSEL'S DIGEST

AB 2023, as amended, Bennett. Jails: discharge plans.

Existing law authorizes a county sheriff to discharge a person from a county jail at any time on the last day that the person may be confined that the sheriff considers to be in the best interests of that person. Existing law additionally authorizes a sheriff to offer a voluntary program to a person, upon completion of a sentence served or a release ordered by the court to be effected the same day, that would allow the person to stay in jail for up to 16 additional hours or until normal business hours, whichever is shorter, in order to offer the person the ability to be discharged to a treatment center or during daytime hours, as specified. Existing law authorizes the person to revoke consent and be discharged as soon as possible and practicable. Existing law requires a sheriff offering this program to, whenever possible, allow the person to make a telephone call to arrange for transportation or to notify a bail agent, as specified.

This bill would require the counties to designate a local advisory group or committee to create a local plan, to be presented to the county board of supervisors for approval, to implement discharge planning for individuals with mental illness who are incarcerated for a period exceeding 30 days. The

This bill would require a sheriff to make the release standards, release processes, and release schedules of a county jail available to incarcerated persons, as specified. The bill would also grant a person incarcerated in, or recently released from, a county jail up to 3 free telephone calls from a telephone in the county jail to plan for a safe and successful release. By requiring a higher level of service from county sheriffs, this bill would impose 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 the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a)Upon release from jail or prison, many people with mental illness continue to lack access to services and, too often, become enmeshed in a cycle of costly justice system involvement. The days and weeks following community reentry are a time of heightened vulnerability.

(b)Positive individual-level outcomes focused on personal recovery require continuity of appropriate services from institution to community settings. Enhanced system and individual outcomes depend upon effective coordination of the efforts of behavioral health, correctional, and community stakeholders.

(c)The California Advancing and Innovating Medi-Cal (CalAIM) initiative, within the California Department of Health Care Services, is innovating and transforming the Medi-Cal delivery system that is moving Medi-Cal towards a population health approach that prioritizes prevention and whole person care, with the goal to extend support and services beyond hospitals and health care settings directly into California communities.

(d)It is the intent of the Legislature in enacting this measure to establish a creative solution that optimizes county resources, in conjunction with the CalAIM initiative, to ensure that individuals released from county jails are connected to resources to properly address their needs.

SEC. 2.Section 1230.3 is added to the Penal Code, to read:

1230.3.

(a)Each county shall designate a local advisory group or committee to create a local plan to implement discharge planning for individuals with mental illness who are incarcerated for a period exceeding 30 days.

(b)Local plans under this section shall, at a minimum, include recommendations regarding all of the following:

(1)Evaluation and access to the services identified as needed by the individual upon intake.

(2)Coordination with the local entity designated pursuant to Section 4011.11.

(3)Preenrollment into county and federal assistance services, such as CalFresh and Supplemental Security Income.

(4)Access to medications and mental and substance abuse counseling upon the incarcerated individual’s release.

(5)Availability and access to housing upon the incarcerated individual’s release.

(6)Transportation from the county jail to a safe location.

(c)The local plan shall consider the existing public, private, and non-profit resources available in the community to implement the plan's recommendations, and may include recommendations for improved cooperation and coordination among service providers to make the best use of these resources.

(d)The recommended local plan shall be presented to the county board of supervisors for approval. If the plan is not approved by the board, it shall be returned to the local advisory group or committee for further consideration.

SEC. 3.SECTION 1.

 Section 4024.5 is added to the Penal Code, to read:

4024.5.

 (a) The rights established in this section apply to any person being released from a county jail, including, but not limited to, a person who has completed a sentence served, has been ordered by the court to be released, has been released on the person’s own recognizance, has been released because the charges have been dismissed by the court, is acquitted by a jury, is cited and released on a misdemeanor charge, has posted bail, has complied with pretrial release conditions, or has had the charges dropped by the prosecutor.

(b) (1) The sheriff shall make the release standards, release processes, and release schedules of the county jail available to a person following the determination to release that person.

(2) The release standards shall include the list of rights enumerated in this section and the timeframe for the expedient release of a person following the determination to release that person.

(c) A person incarcerated in, or recently released from, a county jail shall have access to up to three free telephone calls from a telephone in the county jail to plan for a safe and successful release.

SEC. 4.SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.