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| 1 | + | Amended IN Senate July 13, 2017 Amended IN Assembly May 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 154Introduced by Assembly Member LevineJanuary 11, 2017 An act to amend Section 1203.096 of the Penal Code, relating to prisoners. LEGISLATIVE COUNSEL'S DIGESTAB 154, as amended, Levine. Prisoners: mental health treatment.Existing law requires a court, upon the conviction of a defendant of a felony resulting in his or her sentencing to state prison, to recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned if the court makes certain findings relating to his or her drug use.This bill would require a court, upon the conviction of a defendant for a felony resulting in his or her sentencing to state prison, to recommend in writing that the defendant participate in a counseling or education program having a mental health component while imprisoned receive a mental health evaluation if the court finds that the defendant at the time of the commission of the offense was suffering from a serious mental illness, illness or has a demonstrated history of mental illness, or at the time of the offense was suffering from a mental illness that was a substantial factor that contributed to the defendants criminal conduct. illness.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1203.096 of the Penal Code is amended to read:1203.096. (a) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (b), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned.(b) The court shall make the recommendation specified in subdivision (a) if it finds that any of the following are true:(1) That the defendant at the time of the commission of the offense was under the influence of any alcoholic beverages.(2) That the defendant at the time of the commission of the offense was under the influence of any controlled substance.(3) That the defendant has a demonstrated history of substance abuse.(4) That the offense or offenses for which the defendant was convicted are drug related.(c) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (d), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a mental health component while imprisoned. receive a mental health evaluation.(d) The court shall make the recommendation specified in subdivision (c) if it finds that any either of the following are true:(1) That the defendant at the time of the commission of the offense was suffering from a serious mental illness.(2) The defendant has a demonstrated history of mental illness.(3)That the defendant at the time of the commission of the offense was suffering from a mental illness that was a substantial factor that contributed to the defendants criminal conduct. | |
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| 3 | + | Amended IN Senate July 13, 2017 Amended IN Assembly May 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 154Introduced by Assembly Member LevineJanuary 11, 2017 An act to amend Section 1203.096 of the Penal Code, relating to prisoners. LEGISLATIVE COUNSEL'S DIGESTAB 154, as amended, Levine. Prisoners: mental health treatment.Existing law requires a court, upon the conviction of a defendant of a felony resulting in his or her sentencing to state prison, to recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned if the court makes certain findings relating to his or her drug use.This bill would require a court, upon the conviction of a defendant for a felony resulting in his or her sentencing to state prison, to recommend in writing that the defendant participate in a counseling or education program having a mental health component while imprisoned receive a mental health evaluation if the court finds that the defendant at the time of the commission of the offense was suffering from a serious mental illness, illness or has a demonstrated history of mental illness, or at the time of the offense was suffering from a mental illness that was a substantial factor that contributed to the defendants criminal conduct. illness.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
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| 5 | - | ||
| 5 | + | Amended IN Senate July 13, 2017 Amended IN Assembly May 30, 2017 | |
| 6 | 6 | ||
| 7 | - | Enrolled September 07, 2017 | |
| 8 | - | Passed IN Senate August 31, 2017 | |
| 9 | - | Passed IN Assembly September 05, 2017 | |
| 10 | 7 | Amended IN Senate July 13, 2017 | |
| 11 | 8 | Amended IN Assembly May 30, 2017 | |
| 12 | 9 | ||
| 13 | 10 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 14 | 11 | ||
| 15 | 12 | Assembly Bill No. 154 | |
| 16 | 13 | ||
| 17 | 14 | Introduced by Assembly Member LevineJanuary 11, 2017 | |
| 18 | 15 | ||
| 19 | 16 | Introduced by Assembly Member Levine | |
| 20 | 17 | January 11, 2017 | |
| 21 | 18 | ||
| 22 | 19 | An act to amend Section 1203.096 of the Penal Code, relating to prisoners. | |
| 23 | 20 | ||
| 24 | 21 | LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 22 | ||
| 26 | 23 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 24 | ||
| 28 | - | AB 154, Levine. Prisoners: mental health treatment. | |
| 25 | + | AB 154, as amended, Levine. Prisoners: mental health treatment. | |
| 29 | 26 | ||
| 30 | - | Existing law requires a court, upon the conviction of a defendant of a felony resulting in his or her sentencing to state prison, to recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned if the court makes certain findings relating to his or her drug use.This bill would require a court, upon the conviction of a defendant for a felony resulting in his or her sentencing to state prison, to recommend in writing that the defendant receive a mental health evaluation if the court finds that the defendant at the time of the commission of the offense was suffering from a serious mental illness or has a demonstrated history of mental illness. | |
| 27 | + | Existing law requires a court, upon the conviction of a defendant of a felony resulting in his or her sentencing to state prison, to recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned if the court makes certain findings relating to his or her drug use.This bill would require a court, upon the conviction of a defendant for a felony resulting in his or her sentencing to state prison, to recommend in writing that the defendant participate in a counseling or education program having a mental health component while imprisoned receive a mental health evaluation if the court finds that the defendant at the time of the commission of the offense was suffering from a serious mental illness, illness or has a demonstrated history of mental illness, or at the time of the offense was suffering from a mental illness that was a substantial factor that contributed to the defendants criminal conduct. illness. | |
| 31 | 28 | ||
| 32 | 29 | Existing law requires a court, upon the conviction of a defendant of a felony resulting in his or her sentencing to state prison, to recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned if the court makes certain findings relating to his or her drug use. | |
| 33 | 30 | ||
| 34 | - | This bill would require a court, upon the conviction of a defendant for a felony resulting in his or her sentencing to state prison, to recommend in writing that the defendant receive a mental health evaluation if the court finds that the defendant at the time of the commission of the offense was suffering from a serious mental illness or has a demonstrated history of mental illness. | |
| 31 | + | This bill would require a court, upon the conviction of a defendant for a felony resulting in his or her sentencing to state prison, to recommend in writing that the defendant participate in a counseling or education program having a mental health component while imprisoned receive a mental health evaluation if the court finds that the defendant at the time of the commission of the offense was suffering from a serious mental illness, illness or has a demonstrated history of mental illness, or at the time of the offense was suffering from a mental illness that was a substantial factor that contributed to the defendants criminal conduct. illness. | |
| 35 | 32 | ||
| 36 | 33 | ## Digest Key | |
| 37 | 34 | ||
| 38 | 35 | ## Bill Text | |
| 39 | 36 | ||
| 40 | - | The people of the State of California do enact as follows:SECTION 1. Section 1203.096 of the Penal Code is amended to read:1203.096. (a) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (b), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned.(b) The court shall make the recommendation specified in subdivision (a) if it finds that any of the following are true:(1) That the defendant at the time of the commission of the offense was under the influence of any alcoholic beverages.(2) That the defendant at the time of the commission of the offense was under the influence of any controlled substance.(3) That the defendant has a demonstrated history of substance abuse.(4) That the offense or offenses for which the defendant was convicted are drug related.(c) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (d), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant receive a mental health evaluation.(d) The court shall make the recommendation specified in subdivision (c) if it finds that either of the following are true:(1) That the defendant at the time of the commission of the offense was suffering from a serious mental illness.(2) The defendant has a demonstrated history of mental illness. | |
| 37 | + | The people of the State of California do enact as follows:SECTION 1. Section 1203.096 of the Penal Code is amended to read:1203.096. (a) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (b), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned.(b) The court shall make the recommendation specified in subdivision (a) if it finds that any of the following are true:(1) That the defendant at the time of the commission of the offense was under the influence of any alcoholic beverages.(2) That the defendant at the time of the commission of the offense was under the influence of any controlled substance.(3) That the defendant has a demonstrated history of substance abuse.(4) That the offense or offenses for which the defendant was convicted are drug related.(c) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (d), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a mental health component while imprisoned. receive a mental health evaluation.(d) The court shall make the recommendation specified in subdivision (c) if it finds that any either of the following are true:(1) That the defendant at the time of the commission of the offense was suffering from a serious mental illness.(2) The defendant has a demonstrated history of mental illness.(3)That the defendant at the time of the commission of the offense was suffering from a mental illness that was a substantial factor that contributed to the defendants criminal conduct. | |
| 41 | 38 | ||
| 42 | 39 | The people of the State of California do enact as follows: | |
| 43 | 40 | ||
| 44 | 41 | ## The people of the State of California do enact as follows: | |
| 45 | 42 | ||
| 46 | - | SECTION 1. Section 1203.096 of the Penal Code is amended to read:1203.096. (a) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (b), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned.(b) The court shall make the recommendation specified in subdivision (a) if it finds that any of the following are true:(1) That the defendant at the time of the commission of the offense was under the influence of any alcoholic beverages.(2) That the defendant at the time of the commission of the offense was under the influence of any controlled substance.(3) That the defendant has a demonstrated history of substance abuse.(4) That the offense or offenses for which the defendant was convicted are drug related.(c) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (d), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant receive a mental health evaluation.(d) The court shall make the recommendation specified in subdivision (c) if it finds that either of the following are true:(1) That the defendant at the time of the commission of the offense was suffering from a serious mental illness.(2) The defendant has a demonstrated history of mental illness. | |
| 43 | + | SECTION 1. Section 1203.096 of the Penal Code is amended to read:1203.096. (a) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (b), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned.(b) The court shall make the recommendation specified in subdivision (a) if it finds that any of the following are true:(1) That the defendant at the time of the commission of the offense was under the influence of any alcoholic beverages.(2) That the defendant at the time of the commission of the offense was under the influence of any controlled substance.(3) That the defendant has a demonstrated history of substance abuse.(4) That the offense or offenses for which the defendant was convicted are drug related.(c) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (d), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a mental health component while imprisoned. receive a mental health evaluation.(d) The court shall make the recommendation specified in subdivision (c) if it finds that any either of the following are true:(1) That the defendant at the time of the commission of the offense was suffering from a serious mental illness.(2) The defendant has a demonstrated history of mental illness.(3)That the defendant at the time of the commission of the offense was suffering from a mental illness that was a substantial factor that contributed to the defendants criminal conduct. | |
| 47 | 44 | ||
| 48 | 45 | SECTION 1. Section 1203.096 of the Penal Code is amended to read: | |
| 49 | 46 | ||
| 50 | 47 | ### SECTION 1. | |
| 51 | 48 | ||
| 52 | - | 1203.096. (a) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (b), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned.(b) The court shall make the recommendation specified in subdivision (a) if it finds that any of the following are true:(1) That the defendant at the time of the commission of the offense was under the influence of any alcoholic beverages.(2) That the defendant at the time of the commission of the offense was under the influence of any controlled substance.(3) That the defendant has a demonstrated history of substance abuse.(4) That the offense or offenses for which the defendant was convicted are drug related.(c) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (d), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant receive a mental health evaluation.(d) The court shall make the recommendation specified in subdivision (c) if it finds that either of the following are true:(1) That the defendant at the time of the commission of the offense was suffering from a serious mental illness.(2) The defendant has a demonstrated history of mental illness. | |
| 49 | + | 1203.096. (a) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (b), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned.(b) The court shall make the recommendation specified in subdivision (a) if it finds that any of the following are true:(1) That the defendant at the time of the commission of the offense was under the influence of any alcoholic beverages.(2) That the defendant at the time of the commission of the offense was under the influence of any controlled substance.(3) That the defendant has a demonstrated history of substance abuse.(4) That the offense or offenses for which the defendant was convicted are drug related.(c) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (d), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a mental health component while imprisoned. receive a mental health evaluation.(d) The court shall make the recommendation specified in subdivision (c) if it finds that any either of the following are true:(1) That the defendant at the time of the commission of the offense was suffering from a serious mental illness.(2) The defendant has a demonstrated history of mental illness.(3)That the defendant at the time of the commission of the offense was suffering from a mental illness that was a substantial factor that contributed to the defendants criminal conduct. | |
| 53 | 50 | ||
| 54 | - | 1203.096. (a) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (b), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned.(b) The court shall make the recommendation specified in subdivision (a) if it finds that any of the following are true:(1) That the defendant at the time of the commission of the offense was under the influence of any alcoholic beverages.(2) That the defendant at the time of the commission of the offense was under the influence of any controlled substance.(3) That the defendant has a demonstrated history of substance abuse.(4) That the offense or offenses for which the defendant was convicted are drug related.(c) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (d), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant receive a mental health evaluation.(d) The court shall make the recommendation specified in subdivision (c) if it finds that either of the following are true:(1) That the defendant at the time of the commission of the offense was suffering from a serious mental illness.(2) The defendant has a demonstrated history of mental illness. | |
| 51 | + | 1203.096. (a) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (b), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned.(b) The court shall make the recommendation specified in subdivision (a) if it finds that any of the following are true:(1) That the defendant at the time of the commission of the offense was under the influence of any alcoholic beverages.(2) That the defendant at the time of the commission of the offense was under the influence of any controlled substance.(3) That the defendant has a demonstrated history of substance abuse.(4) That the offense or offenses for which the defendant was convicted are drug related.(c) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (d), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a mental health component while imprisoned. receive a mental health evaluation.(d) The court shall make the recommendation specified in subdivision (c) if it finds that any either of the following are true:(1) That the defendant at the time of the commission of the offense was suffering from a serious mental illness.(2) The defendant has a demonstrated history of mental illness.(3)That the defendant at the time of the commission of the offense was suffering from a mental illness that was a substantial factor that contributed to the defendants criminal conduct. | |
| 55 | 52 | ||
| 56 | - | 1203.096. (a) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (b), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned.(b) The court shall make the recommendation specified in subdivision (a) if it finds that any of the following are true:(1) That the defendant at the time of the commission of the offense was under the influence of any alcoholic beverages.(2) That the defendant at the time of the commission of the offense was under the influence of any controlled substance.(3) That the defendant has a demonstrated history of substance abuse.(4) That the offense or offenses for which the defendant was convicted are drug related.(c) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (d), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant receive a mental health evaluation.(d) The court shall make the recommendation specified in subdivision (c) if it finds that either of the following are true:(1) That the defendant at the time of the commission of the offense was suffering from a serious mental illness.(2) The defendant has a demonstrated history of mental illness. | |
| 53 | + | 1203.096. (a) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (b), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned.(b) The court shall make the recommendation specified in subdivision (a) if it finds that any of the following are true:(1) That the defendant at the time of the commission of the offense was under the influence of any alcoholic beverages.(2) That the defendant at the time of the commission of the offense was under the influence of any controlled substance.(3) That the defendant has a demonstrated history of substance abuse.(4) That the offense or offenses for which the defendant was convicted are drug related.(c) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (d), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a mental health component while imprisoned. receive a mental health evaluation.(d) The court shall make the recommendation specified in subdivision (c) if it finds that any either of the following are true:(1) That the defendant at the time of the commission of the offense was suffering from a serious mental illness.(2) The defendant has a demonstrated history of mental illness.(3)That the defendant at the time of the commission of the offense was suffering from a mental illness that was a substantial factor that contributed to the defendants criminal conduct. | |
| 57 | 54 | ||
| 58 | 55 | ||
| 59 | 56 | ||
| 60 | 57 | 1203.096. (a) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (b), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned. | |
| 61 | 58 | ||
| 62 | 59 | (b) The court shall make the recommendation specified in subdivision (a) if it finds that any of the following are true: | |
| 63 | 60 | ||
| 64 | 61 | (1) That the defendant at the time of the commission of the offense was under the influence of any alcoholic beverages. | |
| 65 | 62 | ||
| 66 | 63 | (2) That the defendant at the time of the commission of the offense was under the influence of any controlled substance. | |
| 67 | 64 | ||
| 68 | 65 | (3) That the defendant has a demonstrated history of substance abuse. | |
| 69 | 66 | ||
| 70 | 67 | (4) That the offense or offenses for which the defendant was convicted are drug related. | |
| 71 | 68 | ||
| 72 | - | (c) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (d), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant receive a mental health evaluation. | |
| 69 | + | (c) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (d), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a mental health component while imprisoned. receive a mental health evaluation. | |
| 73 | 70 | ||
| 74 | - | (d) The court shall make the recommendation specified in subdivision (c) if it finds that either of the following are true: | |
| 71 | + | (d) The court shall make the recommendation specified in subdivision (c) if it finds that any either of the following are true: | |
| 75 | 72 | ||
| 76 | 73 | (1) That the defendant at the time of the commission of the offense was suffering from a serious mental illness. | |
| 77 | 74 | ||
| 78 | 75 | (2) The defendant has a demonstrated history of mental illness. | |
| 76 | + | ||
| 77 | + | (3)That the defendant at the time of the commission of the offense was suffering from a mental illness that was a substantial factor that contributed to the defendants criminal conduct. |