California 2019 2019-2020 Regular Session

California Senate Bill SB665 Amended / Bill

Filed 04/23/2019

                    Amended IN  Senate  April 23, 2019 Amended IN  Senate  April 10, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 665Introduced by Senator UmbergFebruary 22, 2019An act to amend Section 5813.5 of the Welfare and Institutions Code, relating to mental health, and making an appropriation therefor. therefor, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTSB 665, as amended, Umberg. Mental Health Services Fund: county jails.Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services. The MHSA establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs. Existing law prohibits MHSA funds from being used to pay for persons incarcerated in state prison or parolees from state prisons. The MHSA authorizes its provisions to be amended by the Legislature by a 2/3 vote of the Legislature if the amendment is consistent with and furthers the intent of the act, and authorizes the Legislature to clarify procedures and terms of the act by majority vote.Existing law, the 2011 Realignment Legislation addressing public safety and related statutes, requires that certain specified felonies be punished by a term of imprisonment in a county jail, rather than the state prison, and provides for mandatory supervision, a period of suspended execution of a concluding portion of the sentence that is supervised by the county probation officer.This bill would authorize a county to use MHSA funds, if that use is included in the county plan, to provide services to persons who are incarcerated in a county jail or subject to mandatory supervision, except persons who are incarcerated in a county jail, or subject to mandatory supervision, jail for a conviction of a felony. felony, except for purposes of facilitating discharge. By allocating moneys in the Mental Health Services Fund for a new purpose, this bill would make an appropriation. The bill would also declare that it clarifies procedures and terms this change is consistent with and furthers the intent of the MHSA.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: MAJORITY2/3  Appropriation: YES  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5813.5 of the Welfare and Institutions Code is amended to read:5813.5. Subject to the availability of funds from the Mental Health Services Fund, the state shall distribute funds for the provision of services under Sections 5801, 5802, and 5806 to county mental health programs. Services shall be available to adults and seniors with severe illnesses who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3. For purposes of this act, seniors means older adult persons identified in Part 3 (commencing with Section 5800) of this division.(a) Funding shall be provided at sufficient levels to ensure that counties can provide each adult and senior served pursuant to this part with the medically necessary mental health services, medications, and supportive services set forth in the applicable treatment plan.(b) The funding shall only cover the portions of those costs of services that cannot be paid for with other funds, including other mental health funds, public and private insurance, and other local, state, and federal funds.(c) Each county mental health programs plan shall provide for services in accordance with the system of care for adults and seniors who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3.(d) Planning for services shall be consistent with the philosophy, principles, and practices of the Recovery Vision for mental health consumers:(1) To promote concepts key to the recovery for individuals who have mental illness: hope, personal empowerment, respect, social connections, self-responsibility, and self-determination.(2) To promote consumer-operated services as a way to support recovery.(3) To reflect the cultural, ethnic, and racial diversity of mental health consumers.(4) To plan for each consumers individual needs.(e) The plan for each county mental health program shall indicate, subject to the availability of funds as determined by Part 4.5 (commencing with Section 5890) of this division, and other funds available for mental health services, adults and seniors with a severe mental illness being served by this program are either receiving services from this program or have a mental illness that is not sufficiently severe to require the level of services required of this program.(f) Each county plan and annual update pursuant to Section 5847 shall consider ways to provide services similar to those established pursuant to the Mentally Ill Offender Crime Reduction Grant Program. Notwithstanding any other law and consistent with subdivision (a) of Section 5891, funds may be used, if that use is included in the county plan pursuant to Section 5847, to provide services to persons who are incarcerated in a county jail or subject to mandatory supervision, except as otherwise provided in this subdivision. Funds shall not be used to pay for persons who are incarcerated in a county jail, or subject to mandatory supervision, jail for a conviction of a felony felony, except for purposes of facilitating discharge, or for persons incarcerated in the state prison or on parole from the state prison. If included in county plans pursuant to Section 5847, funds may be used for the provision of mental health services under Sections 5347 and 5348 in counties that elect to participate in the Assisted Outpatient Treatment Demonstration Project Act of 2002 (Article 9 (commencing with Section 5345) of Chapter 2 of Part 1).(g) The department shall contract for services with county mental health programs pursuant to Section 5897. After November 2, 2004, the term grants, as used in Sections 5814 and 5814.5 refers to those contracts.SEC. 2.The Legislature finds and declares that this act clarifies procedures and terms of the Mental Health Services Act within the meaning of Section 18 of the Mental Health Services Act.SEC. 2. The Legislature finds and declares that this act is consistent with and furthers the intent of the Mental Health Services Act within the meaning of Section 18 of the Mental Health Services Act.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to address the ongoing health issues inside of county jails and to further the alignment of state funding with new policies being proposed by county governments throughout California as soon as possible, it is necessary that this act take effect immediately.

 Amended IN  Senate  April 23, 2019 Amended IN  Senate  April 10, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 665Introduced by Senator UmbergFebruary 22, 2019An act to amend Section 5813.5 of the Welfare and Institutions Code, relating to mental health, and making an appropriation therefor. therefor, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTSB 665, as amended, Umberg. Mental Health Services Fund: county jails.Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services. The MHSA establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs. Existing law prohibits MHSA funds from being used to pay for persons incarcerated in state prison or parolees from state prisons. The MHSA authorizes its provisions to be amended by the Legislature by a 2/3 vote of the Legislature if the amendment is consistent with and furthers the intent of the act, and authorizes the Legislature to clarify procedures and terms of the act by majority vote.Existing law, the 2011 Realignment Legislation addressing public safety and related statutes, requires that certain specified felonies be punished by a term of imprisonment in a county jail, rather than the state prison, and provides for mandatory supervision, a period of suspended execution of a concluding portion of the sentence that is supervised by the county probation officer.This bill would authorize a county to use MHSA funds, if that use is included in the county plan, to provide services to persons who are incarcerated in a county jail or subject to mandatory supervision, except persons who are incarcerated in a county jail, or subject to mandatory supervision, jail for a conviction of a felony. felony, except for purposes of facilitating discharge. By allocating moneys in the Mental Health Services Fund for a new purpose, this bill would make an appropriation. The bill would also declare that it clarifies procedures and terms this change is consistent with and furthers the intent of the MHSA.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: MAJORITY2/3  Appropriation: YES  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Senate  April 23, 2019 Amended IN  Senate  April 10, 2019

Amended IN  Senate  April 23, 2019
Amended IN  Senate  April 10, 2019

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Senate Bill No. 665

Introduced by Senator UmbergFebruary 22, 2019

Introduced by Senator Umberg
February 22, 2019

An act to amend Section 5813.5 of the Welfare and Institutions Code, relating to mental health, and making an appropriation therefor. therefor, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 665, as amended, Umberg. Mental Health Services Fund: county jails.

Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services. The MHSA establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs. Existing law prohibits MHSA funds from being used to pay for persons incarcerated in state prison or parolees from state prisons. The MHSA authorizes its provisions to be amended by the Legislature by a 2/3 vote of the Legislature if the amendment is consistent with and furthers the intent of the act, and authorizes the Legislature to clarify procedures and terms of the act by majority vote.Existing law, the 2011 Realignment Legislation addressing public safety and related statutes, requires that certain specified felonies be punished by a term of imprisonment in a county jail, rather than the state prison, and provides for mandatory supervision, a period of suspended execution of a concluding portion of the sentence that is supervised by the county probation officer.This bill would authorize a county to use MHSA funds, if that use is included in the county plan, to provide services to persons who are incarcerated in a county jail or subject to mandatory supervision, except persons who are incarcerated in a county jail, or subject to mandatory supervision, jail for a conviction of a felony. felony, except for purposes of facilitating discharge. By allocating moneys in the Mental Health Services Fund for a new purpose, this bill would make an appropriation. The bill would also declare that it clarifies procedures and terms this change is consistent with and furthers the intent of the MHSA.This bill would declare that it is to take effect immediately as an urgency statute.

Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services. The MHSA establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs. Existing law prohibits MHSA funds from being used to pay for persons incarcerated in state prison or parolees from state prisons. The MHSA authorizes its provisions to be amended by the Legislature by a 2/3 vote of the Legislature if the amendment is consistent with and furthers the intent of the act, and authorizes the Legislature to clarify procedures and terms of the act by majority vote.

Existing law, the 2011 Realignment Legislation addressing public safety and related statutes, requires that certain specified felonies be punished by a term of imprisonment in a county jail, rather than the state prison, and provides for mandatory supervision, a period of suspended execution of a concluding portion of the sentence that is supervised by the county probation officer.

This bill would authorize a county to use MHSA funds, if that use is included in the county plan, to provide services to persons who are incarcerated in a county jail or subject to mandatory supervision, except persons who are incarcerated in a county jail, or subject to mandatory supervision, jail for a conviction of a felony. felony, except for purposes of facilitating discharge. By allocating moneys in the Mental Health Services Fund for a new purpose, this bill would make an appropriation. The bill would also declare that it clarifies procedures and terms this change is consistent with and furthers the intent of the MHSA.

This bill would declare that it is to take effect immediately as an urgency statute.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 5813.5 of the Welfare and Institutions Code is amended to read:5813.5. Subject to the availability of funds from the Mental Health Services Fund, the state shall distribute funds for the provision of services under Sections 5801, 5802, and 5806 to county mental health programs. Services shall be available to adults and seniors with severe illnesses who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3. For purposes of this act, seniors means older adult persons identified in Part 3 (commencing with Section 5800) of this division.(a) Funding shall be provided at sufficient levels to ensure that counties can provide each adult and senior served pursuant to this part with the medically necessary mental health services, medications, and supportive services set forth in the applicable treatment plan.(b) The funding shall only cover the portions of those costs of services that cannot be paid for with other funds, including other mental health funds, public and private insurance, and other local, state, and federal funds.(c) Each county mental health programs plan shall provide for services in accordance with the system of care for adults and seniors who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3.(d) Planning for services shall be consistent with the philosophy, principles, and practices of the Recovery Vision for mental health consumers:(1) To promote concepts key to the recovery for individuals who have mental illness: hope, personal empowerment, respect, social connections, self-responsibility, and self-determination.(2) To promote consumer-operated services as a way to support recovery.(3) To reflect the cultural, ethnic, and racial diversity of mental health consumers.(4) To plan for each consumers individual needs.(e) The plan for each county mental health program shall indicate, subject to the availability of funds as determined by Part 4.5 (commencing with Section 5890) of this division, and other funds available for mental health services, adults and seniors with a severe mental illness being served by this program are either receiving services from this program or have a mental illness that is not sufficiently severe to require the level of services required of this program.(f) Each county plan and annual update pursuant to Section 5847 shall consider ways to provide services similar to those established pursuant to the Mentally Ill Offender Crime Reduction Grant Program. Notwithstanding any other law and consistent with subdivision (a) of Section 5891, funds may be used, if that use is included in the county plan pursuant to Section 5847, to provide services to persons who are incarcerated in a county jail or subject to mandatory supervision, except as otherwise provided in this subdivision. Funds shall not be used to pay for persons who are incarcerated in a county jail, or subject to mandatory supervision, jail for a conviction of a felony felony, except for purposes of facilitating discharge, or for persons incarcerated in the state prison or on parole from the state prison. If included in county plans pursuant to Section 5847, funds may be used for the provision of mental health services under Sections 5347 and 5348 in counties that elect to participate in the Assisted Outpatient Treatment Demonstration Project Act of 2002 (Article 9 (commencing with Section 5345) of Chapter 2 of Part 1).(g) The department shall contract for services with county mental health programs pursuant to Section 5897. After November 2, 2004, the term grants, as used in Sections 5814 and 5814.5 refers to those contracts.SEC. 2.The Legislature finds and declares that this act clarifies procedures and terms of the Mental Health Services Act within the meaning of Section 18 of the Mental Health Services Act.SEC. 2. The Legislature finds and declares that this act is consistent with and furthers the intent of the Mental Health Services Act within the meaning of Section 18 of the Mental Health Services Act.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to address the ongoing health issues inside of county jails and to further the alignment of state funding with new policies being proposed by county governments throughout California as soon as possible, it is necessary that this act take effect immediately.

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

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

SECTION 1. Section 5813.5 of the Welfare and Institutions Code is amended to read:5813.5. Subject to the availability of funds from the Mental Health Services Fund, the state shall distribute funds for the provision of services under Sections 5801, 5802, and 5806 to county mental health programs. Services shall be available to adults and seniors with severe illnesses who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3. For purposes of this act, seniors means older adult persons identified in Part 3 (commencing with Section 5800) of this division.(a) Funding shall be provided at sufficient levels to ensure that counties can provide each adult and senior served pursuant to this part with the medically necessary mental health services, medications, and supportive services set forth in the applicable treatment plan.(b) The funding shall only cover the portions of those costs of services that cannot be paid for with other funds, including other mental health funds, public and private insurance, and other local, state, and federal funds.(c) Each county mental health programs plan shall provide for services in accordance with the system of care for adults and seniors who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3.(d) Planning for services shall be consistent with the philosophy, principles, and practices of the Recovery Vision for mental health consumers:(1) To promote concepts key to the recovery for individuals who have mental illness: hope, personal empowerment, respect, social connections, self-responsibility, and self-determination.(2) To promote consumer-operated services as a way to support recovery.(3) To reflect the cultural, ethnic, and racial diversity of mental health consumers.(4) To plan for each consumers individual needs.(e) The plan for each county mental health program shall indicate, subject to the availability of funds as determined by Part 4.5 (commencing with Section 5890) of this division, and other funds available for mental health services, adults and seniors with a severe mental illness being served by this program are either receiving services from this program or have a mental illness that is not sufficiently severe to require the level of services required of this program.(f) Each county plan and annual update pursuant to Section 5847 shall consider ways to provide services similar to those established pursuant to the Mentally Ill Offender Crime Reduction Grant Program. Notwithstanding any other law and consistent with subdivision (a) of Section 5891, funds may be used, if that use is included in the county plan pursuant to Section 5847, to provide services to persons who are incarcerated in a county jail or subject to mandatory supervision, except as otherwise provided in this subdivision. Funds shall not be used to pay for persons who are incarcerated in a county jail, or subject to mandatory supervision, jail for a conviction of a felony felony, except for purposes of facilitating discharge, or for persons incarcerated in the state prison or on parole from the state prison. If included in county plans pursuant to Section 5847, funds may be used for the provision of mental health services under Sections 5347 and 5348 in counties that elect to participate in the Assisted Outpatient Treatment Demonstration Project Act of 2002 (Article 9 (commencing with Section 5345) of Chapter 2 of Part 1).(g) The department shall contract for services with county mental health programs pursuant to Section 5897. After November 2, 2004, the term grants, as used in Sections 5814 and 5814.5 refers to those contracts.

SECTION 1. Section 5813.5 of the Welfare and Institutions Code is amended to read:

### SECTION 1.

5813.5. Subject to the availability of funds from the Mental Health Services Fund, the state shall distribute funds for the provision of services under Sections 5801, 5802, and 5806 to county mental health programs. Services shall be available to adults and seniors with severe illnesses who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3. For purposes of this act, seniors means older adult persons identified in Part 3 (commencing with Section 5800) of this division.(a) Funding shall be provided at sufficient levels to ensure that counties can provide each adult and senior served pursuant to this part with the medically necessary mental health services, medications, and supportive services set forth in the applicable treatment plan.(b) The funding shall only cover the portions of those costs of services that cannot be paid for with other funds, including other mental health funds, public and private insurance, and other local, state, and federal funds.(c) Each county mental health programs plan shall provide for services in accordance with the system of care for adults and seniors who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3.(d) Planning for services shall be consistent with the philosophy, principles, and practices of the Recovery Vision for mental health consumers:(1) To promote concepts key to the recovery for individuals who have mental illness: hope, personal empowerment, respect, social connections, self-responsibility, and self-determination.(2) To promote consumer-operated services as a way to support recovery.(3) To reflect the cultural, ethnic, and racial diversity of mental health consumers.(4) To plan for each consumers individual needs.(e) The plan for each county mental health program shall indicate, subject to the availability of funds as determined by Part 4.5 (commencing with Section 5890) of this division, and other funds available for mental health services, adults and seniors with a severe mental illness being served by this program are either receiving services from this program or have a mental illness that is not sufficiently severe to require the level of services required of this program.(f) Each county plan and annual update pursuant to Section 5847 shall consider ways to provide services similar to those established pursuant to the Mentally Ill Offender Crime Reduction Grant Program. Notwithstanding any other law and consistent with subdivision (a) of Section 5891, funds may be used, if that use is included in the county plan pursuant to Section 5847, to provide services to persons who are incarcerated in a county jail or subject to mandatory supervision, except as otherwise provided in this subdivision. Funds shall not be used to pay for persons who are incarcerated in a county jail, or subject to mandatory supervision, jail for a conviction of a felony felony, except for purposes of facilitating discharge, or for persons incarcerated in the state prison or on parole from the state prison. If included in county plans pursuant to Section 5847, funds may be used for the provision of mental health services under Sections 5347 and 5348 in counties that elect to participate in the Assisted Outpatient Treatment Demonstration Project Act of 2002 (Article 9 (commencing with Section 5345) of Chapter 2 of Part 1).(g) The department shall contract for services with county mental health programs pursuant to Section 5897. After November 2, 2004, the term grants, as used in Sections 5814 and 5814.5 refers to those contracts.

5813.5. Subject to the availability of funds from the Mental Health Services Fund, the state shall distribute funds for the provision of services under Sections 5801, 5802, and 5806 to county mental health programs. Services shall be available to adults and seniors with severe illnesses who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3. For purposes of this act, seniors means older adult persons identified in Part 3 (commencing with Section 5800) of this division.(a) Funding shall be provided at sufficient levels to ensure that counties can provide each adult and senior served pursuant to this part with the medically necessary mental health services, medications, and supportive services set forth in the applicable treatment plan.(b) The funding shall only cover the portions of those costs of services that cannot be paid for with other funds, including other mental health funds, public and private insurance, and other local, state, and federal funds.(c) Each county mental health programs plan shall provide for services in accordance with the system of care for adults and seniors who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3.(d) Planning for services shall be consistent with the philosophy, principles, and practices of the Recovery Vision for mental health consumers:(1) To promote concepts key to the recovery for individuals who have mental illness: hope, personal empowerment, respect, social connections, self-responsibility, and self-determination.(2) To promote consumer-operated services as a way to support recovery.(3) To reflect the cultural, ethnic, and racial diversity of mental health consumers.(4) To plan for each consumers individual needs.(e) The plan for each county mental health program shall indicate, subject to the availability of funds as determined by Part 4.5 (commencing with Section 5890) of this division, and other funds available for mental health services, adults and seniors with a severe mental illness being served by this program are either receiving services from this program or have a mental illness that is not sufficiently severe to require the level of services required of this program.(f) Each county plan and annual update pursuant to Section 5847 shall consider ways to provide services similar to those established pursuant to the Mentally Ill Offender Crime Reduction Grant Program. Notwithstanding any other law and consistent with subdivision (a) of Section 5891, funds may be used, if that use is included in the county plan pursuant to Section 5847, to provide services to persons who are incarcerated in a county jail or subject to mandatory supervision, except as otherwise provided in this subdivision. Funds shall not be used to pay for persons who are incarcerated in a county jail, or subject to mandatory supervision, jail for a conviction of a felony felony, except for purposes of facilitating discharge, or for persons incarcerated in the state prison or on parole from the state prison. If included in county plans pursuant to Section 5847, funds may be used for the provision of mental health services under Sections 5347 and 5348 in counties that elect to participate in the Assisted Outpatient Treatment Demonstration Project Act of 2002 (Article 9 (commencing with Section 5345) of Chapter 2 of Part 1).(g) The department shall contract for services with county mental health programs pursuant to Section 5897. After November 2, 2004, the term grants, as used in Sections 5814 and 5814.5 refers to those contracts.

5813.5. Subject to the availability of funds from the Mental Health Services Fund, the state shall distribute funds for the provision of services under Sections 5801, 5802, and 5806 to county mental health programs. Services shall be available to adults and seniors with severe illnesses who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3. For purposes of this act, seniors means older adult persons identified in Part 3 (commencing with Section 5800) of this division.(a) Funding shall be provided at sufficient levels to ensure that counties can provide each adult and senior served pursuant to this part with the medically necessary mental health services, medications, and supportive services set forth in the applicable treatment plan.(b) The funding shall only cover the portions of those costs of services that cannot be paid for with other funds, including other mental health funds, public and private insurance, and other local, state, and federal funds.(c) Each county mental health programs plan shall provide for services in accordance with the system of care for adults and seniors who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3.(d) Planning for services shall be consistent with the philosophy, principles, and practices of the Recovery Vision for mental health consumers:(1) To promote concepts key to the recovery for individuals who have mental illness: hope, personal empowerment, respect, social connections, self-responsibility, and self-determination.(2) To promote consumer-operated services as a way to support recovery.(3) To reflect the cultural, ethnic, and racial diversity of mental health consumers.(4) To plan for each consumers individual needs.(e) The plan for each county mental health program shall indicate, subject to the availability of funds as determined by Part 4.5 (commencing with Section 5890) of this division, and other funds available for mental health services, adults and seniors with a severe mental illness being served by this program are either receiving services from this program or have a mental illness that is not sufficiently severe to require the level of services required of this program.(f) Each county plan and annual update pursuant to Section 5847 shall consider ways to provide services similar to those established pursuant to the Mentally Ill Offender Crime Reduction Grant Program. Notwithstanding any other law and consistent with subdivision (a) of Section 5891, funds may be used, if that use is included in the county plan pursuant to Section 5847, to provide services to persons who are incarcerated in a county jail or subject to mandatory supervision, except as otherwise provided in this subdivision. Funds shall not be used to pay for persons who are incarcerated in a county jail, or subject to mandatory supervision, jail for a conviction of a felony felony, except for purposes of facilitating discharge, or for persons incarcerated in the state prison or on parole from the state prison. If included in county plans pursuant to Section 5847, funds may be used for the provision of mental health services under Sections 5347 and 5348 in counties that elect to participate in the Assisted Outpatient Treatment Demonstration Project Act of 2002 (Article 9 (commencing with Section 5345) of Chapter 2 of Part 1).(g) The department shall contract for services with county mental health programs pursuant to Section 5897. After November 2, 2004, the term grants, as used in Sections 5814 and 5814.5 refers to those contracts.



5813.5. Subject to the availability of funds from the Mental Health Services Fund, the state shall distribute funds for the provision of services under Sections 5801, 5802, and 5806 to county mental health programs. Services shall be available to adults and seniors with severe illnesses who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3. For purposes of this act, seniors means older adult persons identified in Part 3 (commencing with Section 5800) of this division.

(a) Funding shall be provided at sufficient levels to ensure that counties can provide each adult and senior served pursuant to this part with the medically necessary mental health services, medications, and supportive services set forth in the applicable treatment plan.

(b) The funding shall only cover the portions of those costs of services that cannot be paid for with other funds, including other mental health funds, public and private insurance, and other local, state, and federal funds.

(c) Each county mental health programs plan shall provide for services in accordance with the system of care for adults and seniors who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3.

(d) Planning for services shall be consistent with the philosophy, principles, and practices of the Recovery Vision for mental health consumers:

(1) To promote concepts key to the recovery for individuals who have mental illness: hope, personal empowerment, respect, social connections, self-responsibility, and self-determination.

(2) To promote consumer-operated services as a way to support recovery.

(3) To reflect the cultural, ethnic, and racial diversity of mental health consumers.

(4) To plan for each consumers individual needs.

(e) The plan for each county mental health program shall indicate, subject to the availability of funds as determined by Part 4.5 (commencing with Section 5890) of this division, and other funds available for mental health services, adults and seniors with a severe mental illness being served by this program are either receiving services from this program or have a mental illness that is not sufficiently severe to require the level of services required of this program.

(f) Each county plan and annual update pursuant to Section 5847 shall consider ways to provide services similar to those established pursuant to the Mentally Ill Offender Crime Reduction Grant Program. Notwithstanding any other law and consistent with subdivision (a) of Section 5891, funds may be used, if that use is included in the county plan pursuant to Section 5847, to provide services to persons who are incarcerated in a county jail or subject to mandatory supervision, except as otherwise provided in this subdivision. Funds shall not be used to pay for persons who are incarcerated in a county jail, or subject to mandatory supervision, jail for a conviction of a felony felony, except for purposes of facilitating discharge, or for persons incarcerated in the state prison or on parole from the state prison. If included in county plans pursuant to Section 5847, funds may be used for the provision of mental health services under Sections 5347 and 5348 in counties that elect to participate in the Assisted Outpatient Treatment Demonstration Project Act of 2002 (Article 9 (commencing with Section 5345) of Chapter 2 of Part 1).

(g) The department shall contract for services with county mental health programs pursuant to Section 5897. After November 2, 2004, the term grants, as used in Sections 5814 and 5814.5 refers to those contracts.



The Legislature finds and declares that this act clarifies procedures and terms of the Mental Health Services Act within the meaning of Section 18 of the Mental Health Services Act.



SEC. 2. The Legislature finds and declares that this act is consistent with and furthers the intent of the Mental Health Services Act within the meaning of Section 18 of the Mental Health Services Act.

SEC. 2. The Legislature finds and declares that this act is consistent with and furthers the intent of the Mental Health Services Act within the meaning of Section 18 of the Mental Health Services Act.

SEC. 2. The Legislature finds and declares that this act is consistent with and furthers the intent of the Mental Health Services Act within the meaning of Section 18 of the Mental Health Services Act.

### SEC. 2.

SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to address the ongoing health issues inside of county jails and to further the alignment of state funding with new policies being proposed by county governments throughout California as soon as possible, it is necessary that this act take effect immediately.

SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to address the ongoing health issues inside of county jails and to further the alignment of state funding with new policies being proposed by county governments throughout California as soon as possible, it is necessary that this act take effect immediately.

SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

### SEC. 3.

In order to address the ongoing health issues inside of county jails and to further the alignment of state funding with new policies being proposed by county governments throughout California as soon as possible, it is necessary that this act take effect immediately.