Bill Text: CA SB591 | 2019-2020 | Regular Session | Amended
Bill Title: Incarcerated persons: mental health evaluations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-10-08 - Chaptered by Secretary of State. Chapter 649, Statutes of 2019. [SB591 Detail]
Download: California-2019-SB591-Amended.html
Amended
IN
Assembly
September 05, 2019 |
Amended
IN
Senate
May 17, 2019 |
Amended
IN
Senate
March 27, 2019 |
Introduced by Senator Galgiani |
February 22, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would require that the prisoner be evaluated by a practicing psychologist from the Department of Corrections and Rehabilitation. The bill would also require that those psychologists be given access to a prisoner being temporarily housed at other facilities, as specified.
Existing law generally requires that an inmate released on parole or
postrelease community supervision be returned to the county of last legal residence. Existing law requires the Department of Corrections and Rehabilitation to electronically transmit to specified county agencies an inmate’s tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision for the purpose of identifying the medical and mental health needs of the individual. Existing law requires those transmissions to the county agencies to be in compliance with applicable provisions of federal law.
This bill would delete the electronic transmission requirement described above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2962 of the Penal Code is amended to read:2962.
As a condition of parole, a prisoner who meets the following criteria shall be provided necessary treatment by the State Department of State Hospitals as follows:(d)(1)Prior to release on parole, the person in charge of treating the prisoner, a practicing
psychiatrist or psychologist from the State Department of State Hospitals, and a practicing psychologist from the Department of Corrections and Rehabilitation have evaluated the prisoner at a facility of the Department of Corrections and Rehabilitation, county correctional facility, county medical facility, or facility of the Federal Bureau of Prisons, and a chief psychiatrist of the Department of Corrections and Rehabilitation has certified to the Board of Parole Hearings that the prisoner has a severe mental disorder, that the disorder has not been in remission for the 6 months immediately preceding the evaluation, or cannot be kept in remission without treatment as evidenced by a review of the prisoner’s treatment records for the 12 months immediately preceding the evaluation, that the severe mental disorder was one of the causes or was an aggravating factor in the prisoner’s criminal behavior,
that the prisoner has been in treatment for the severe mental disorder for 90 days or more within the year prior to their parole release day, and that by reason of a severe mental disorder the prisoner represents a substantial danger of physical harm to others.
(a)Except as otherwise provided in this section, an inmate who is released on parole or postrelease community supervision as provided by Title 2.05 (commencing with Section 3450) shall be returned to the county that was the last legal residence of the inmate prior to incarceration. An inmate who is released on parole or postrelease community supervision as provided by Title 2.05 (commencing with Section 3450) and who was committed to prison for a sex offense for which registration is required pursuant to Section 290, shall, through all efforts reasonably possible, be returned to the city that was the last legal residence of the inmate prior to incarceration or a close geographic location in which the inmate has family, social ties, or economic ties
and access to reentry services, unless return to that location would violate any other law or pose a risk to the victim. For purposes of this subdivision, “last legal residence” shall not be construed to mean the county or city wherein the inmate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital.
(b)Notwithstanding subdivision (a), an inmate may be returned to another county or city if that would be in the best interests of the public. If the Board of Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation setting the conditions of parole for inmates sentenced pursuant to Section 1170, decides on a return
to another county or city, it shall place its reasons in writing in the parolee’s permanent record and include these reasons in the notice to the sheriff or chief of police pursuant to Section 3058.6. In making its decision, the paroling authority shall consider, among others, the following factors, giving the greatest weight to the protection of the victim and the safety of the community:
(1)The need to protect the life or safety of a victim, the parolee, a witness, or any other person.
(2)Public concern that would reduce the chance that the inmate’s parole would be successfully completed.
(3)The verified existence of a work offer, or an educational or vocational training program.
(4)The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmate’s parole would be successfully completed.
(5)The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960.
(c)The Department of Corrections and Rehabilitation, in determining an out-of-county commitment, shall give priority to the safety of the community and any witnesses and victims.
(d)In making its decision about an inmate who participated in a joint venture program pursuant to Article 1.5 (commencing with Section 2717.1) of Chapter 5, the paroling
authority shall give serious consideration to releasing the inmate to the county where the joint venture program employer is located if that employer states to the paroling authority that the employer intends to employ the inmate upon release.
(e)(1)The following information, if available, shall be released by the Department of Corrections and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their
jurisdictions:
(A)Last, first, and middle names.
(B)Birth date.
(C)Sex, race, height, weight, and hair and eye color.
(D)Date of parole or placement on postrelease community supervision and discharge.
(E)Registration status, if the inmate is required to register as a result of a controlled substance, sex, or arson offense.
(F)California Criminal Information Number, FBI number, social security number, and driver’s license number.
(G)County of commitment.
(H)A description of scars, marks, and tattoos on the inmate.
(I)Offense or offenses for which the inmate was convicted that resulted in parole or postrelease community supervision in this instance.
(J)Address, including all of the following information:
(i)Street name and number. Post office box numbers are not acceptable for purposes of this subparagraph.
(ii)City and ZIP Code.
(iii)Date that the address provided pursuant to this subparagraph was proposed to be effective.
(K)Contact officer and unit, including all of the following information:
(i)Name and telephone number of each contact officer.
(ii)Contact unit type of each contact officer such as units responsible for parole, registration, or county probation.
(L)A digitized image of the photograph and at least a single digit fingerprint of the parolee.
(M)A geographic coordinate for the inmate’s residence location for use with a Geographical Information System (GIS) or comparable computer program.
(2)The information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe.
(3)All of the information required by this subdivision shall be provided utilizing a computer-to-computer transfer in a format usable by a desktop computer system. The transfer of this information shall be continually available to local law enforcement agencies upon request.
(4)The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(f)Notwithstanding any other law, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of the victim or witness, an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, any of the following crimes:
(1)A violent felony as defined in paragraphs (1) to (7), inclusive, and paragraphs (11) and (16) of subdivision (c) of Section
667.5.
(2)A felony in which the defendant inflicts great bodily injury on a person, other than an accomplice, that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9.
(3)A violation of paragraph (1), (3), or (4) of subdivision (a) of Section 261, subdivision (f), (g), or (i) of Section 286, subdivision (f), (g), or (i) of Section 288a, or subdivision (b), (d), or (e) of Section 289.
(g)Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation determines poses a high risk to the public shall not be placed or reside, for the duration of parole, within one-half mile of a public or private
school including any or all of kindergarten and grades 1 to 12, inclusive.
(h)Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victim’s or witness’ actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in the county of their last legal residence in compliance with this subdivision,
the supervising county agency may transfer the inmate to another county upon approval of the receiving county.
(i)The authority shall give consideration to the equitable distribution of parolees and the proportion of out-of-county commitments from a county compared to the number of commitments from that county when making parole decisions.
(j)An inmate may be paroled to another state pursuant to any other law. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450).
(k)(1)The Department of Corrections and Rehabilitation shall be
the agency primarily responsible for, and shall have control over, the program, resources, and staff implementing the Law Enforcement Automated Data System (LEADS) in conformance with subdivision (e). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.
(2)Notwithstanding paragraph (1), the Department of Justice shall be the agency primarily responsible for the proper release of information under LEADS that relates to fingerprint cards.
(l)In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer.