Bill Text: CA SB513 | 2023-2024 | Regular Session | Introduced


Bill Title: Incarcerated persons: mental health.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2024-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB513 Detail]

Download: California-2023-SB513-Introduced.html


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 513


Introduced by Senator Wiener
(Coauthor: Senator Smallwood-Cuevas)
(Coauthor: Assembly Member Jackson)

February 14, 2023


An act to add Section 5068.1 to the Penal Code, relating to prisons.


LEGISLATIVE COUNSEL'S DIGEST


SB 513, as introduced, Wiener. Incarcerated persons: mental health.
Existing law provides that the supervision, management, and control of the state prisons, and the responsibility for the care, custody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the Department of Corrections and Rehabilitation. Existing law requires the secretary to provide facilities and licensed professional personnel for a psychiatric and diagnostic clinic and any such branches thereof as may be required at one or more of the state prisons or institutions under the jurisdiction of the department.
This bill would require the department to conduct mental health treatment for state prison inmates in a manner to accomplish various goals, including providing, to the greatest extent possible, regular and consistent mental health therapy to inmates who seek it, and ensuring that an inmate is provided an introductory mental health therapy appointment within 2 weeks of the inmate requesting care. The bill would also make Legislative findings and declarations.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

  The Legislature finds and declares all of the following:
(a) Rehabilitation is an essential function of the Department of Corrections and Rehabilitation.
(b) The primary function of the department’s statewide mental health program is to ensure state prison inmates have ready access to mental health services based on their need.
(c) Mental health therapy contributes to personal growth, reflection, and preparation for safe and successful reentry post incarceration and helps foster a safer environment for staff and state prison inmates.
(d) To that end, access to consistent mental health therapy should be available to all persons incarcerated in state prison, whatever their security level or length of sentence, without having to be publicly classified as having a serious mental disorder.
(e) The development of telehealth using tablets and other technologies will provide for a greater variety of options for incarcerated persons to meet with therapists.
(f) Mental health therapy refers to 50-minute psychotherapy sessions offered at a minimum of two times per month provided by a psychiatrist, psychologist, licensed social worker, or licensed therapist.

SEC. 2.

 Section 5068.1 is added to the Penal Code, to read:

5068.1.
 In order to foster the growth, mental and emotional wellness, and rehabilitation of state prison inmates, the Department of Corrections and Rehabilitation shall conduct mental health treatment in a manner that accomplishes all of the following goals:
(a) Provides, to the greatest extent possible, regular and consistent mental health therapy to an inmate who seeks it by, among other things, increasing virtual or in-person therapy opportunities and contracting with mental health providers outside of the department.
(b) Offers mental health therapy to the greatest extent possible, even if the institution, facility, or section of the state prison is restricting in-person therapy for reasons, including, but not limited to, a security or medical concern.
(c) Ensures that an inmate is provided an introductory mental health therapy appointment within two weeks of requesting care.
(d) Is accessible to all inmates regardless of security level, sentence length, or mental health classification.
(e) Provides, to the greatest extent possible, a private space for an inmate to receive mental health therapy.

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