Amended IN Assembly September 01, 2023 Amended IN Assembly July 05, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 717Introduced by Senator SternFebruary 16, 2023 An act to add Section 5623.6 to the Welfare and Institutions Code, relating to mental health services.LEGISLATIVE COUNSEL'S DIGESTSB 717, as amended, Stern. County mental health services.Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. If a defendant who has been charged with a misdemeanor has been determined to be mentally incompetent, existing law authorizes the court to either grant diversion for a period of one year, refer the defendant to treatment, or dismiss the charge.Existing law, the Bronzan-McCorquodale Act, governs the organization and financing of community mental health services for persons with mental disorders in every county through locally administered and locally controlled community mental health programs.This bill would require the court to notify an individual of their ongoing need for mental health services if the individual has been found incompetent to stand trial and is not receiving court directed services. The bill would require the court to provide the individual with specified information, including the name, address, and telephone number of the county behavioral health department. The bill would require a county behavioral health department, in collaboration and coordination with community-based organizations, to attempt to make first contact with an individual within 48 hours of release, to track outreach attempts for an individual for at least 60 days following their release, and to offer mental health services and treatment, as appropriate, and assist with facilitating an individuals access to private insurance, if applicable. By creating new requirements for county behavioral health departments, 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: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5623.6 is added to the Welfare and Institutions Code, to read:5623.6. (a) Individuals who have been found incompetent to stand trial and whose charges have been dismissed by the court pursuant to paragraph (2) of subdivision (b) of Section 1370.01 of the Penal Code and who are not receiving court directed services pursuant to subdivision (b) of Section 1370.01 of the Penal Code, represent a vulnerable population who would benefit from on-going mental health services. It is the intent of the Legislature that this population shall be a top priority for connection with behavioral health services upon release.(b) An individual who has a misdemeanor charge or charges that are dismissed by the court, who is found incompetent to stand trial, and who is not receiving court directed services pursuant to subdivision (b) of Section 1370.01 of the Penal Code, shall be notified by the court of their need for mental health services, as evidenced by having been found incompetent to stand trial. The court shall additionally provide the individual with information that, at a minimum, consists of the name, address, and telephone number of the county behavioral health department, the name and contact information of the behavioral health professional that was providing services to them while incarcerated, if any, contact information for the Medi-Cal program, and a list of available community-based organizations where the individual could obtain mental health services.(c)A county behavioral health department shall make an individual identified in subdivision (b) a top priority for engagement of mental health services. The county shall track outreach and engagement efforts for these individuals for a period of 60 days postrelease. The county shall, in collaboration and coordination with community-based organizations, within 48 hours of release, attempt to establish first contact for the purpose of securing an individuals agreement to participate in on-going mental health treatment either through private insurance, Medi-Cal, or county-based programs. The county shall continue to make concerted efforts to maintain contact for the purpose of engaging the individual in treatment at a minimum of twice a week for the first three weeks postrelease and a minimum of at least three more times before the conclusion of the 60-day period.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.
Amended IN Assembly September 01, 2023 Amended IN Assembly July 05, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 717Introduced by Senator SternFebruary 16, 2023 An act to add Section 5623.6 to the Welfare and Institutions Code, relating to mental health services.LEGISLATIVE COUNSEL'S DIGESTSB 717, as amended, Stern. County mental health services.Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. If a defendant who has been charged with a misdemeanor has been determined to be mentally incompetent, existing law authorizes the court to either grant diversion for a period of one year, refer the defendant to treatment, or dismiss the charge.Existing law, the Bronzan-McCorquodale Act, governs the organization and financing of community mental health services for persons with mental disorders in every county through locally administered and locally controlled community mental health programs.This bill would require the court to notify an individual of their ongoing need for mental health services if the individual has been found incompetent to stand trial and is not receiving court directed services. The bill would require the court to provide the individual with specified information, including the name, address, and telephone number of the county behavioral health department. The bill would require a county behavioral health department, in collaboration and coordination with community-based organizations, to attempt to make first contact with an individual within 48 hours of release, to track outreach attempts for an individual for at least 60 days following their release, and to offer mental health services and treatment, as appropriate, and assist with facilitating an individuals access to private insurance, if applicable. By creating new requirements for county behavioral health departments, 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: YESNO
Amended IN Assembly September 01, 2023 Amended IN Assembly July 05, 2023
Amended IN Assembly September 01, 2023
Amended IN Assembly July 05, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 717
Introduced by Senator SternFebruary 16, 2023
Introduced by Senator Stern
February 16, 2023
An act to add Section 5623.6 to the Welfare and Institutions Code, relating to mental health services.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 717, as amended, Stern. County mental health services.
Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. If a defendant who has been charged with a misdemeanor has been determined to be mentally incompetent, existing law authorizes the court to either grant diversion for a period of one year, refer the defendant to treatment, or dismiss the charge.Existing law, the Bronzan-McCorquodale Act, governs the organization and financing of community mental health services for persons with mental disorders in every county through locally administered and locally controlled community mental health programs.This bill would require the court to notify an individual of their ongoing need for mental health services if the individual has been found incompetent to stand trial and is not receiving court directed services. The bill would require the court to provide the individual with specified information, including the name, address, and telephone number of the county behavioral health department. The bill would require a county behavioral health department, in collaboration and coordination with community-based organizations, to attempt to make first contact with an individual within 48 hours of release, to track outreach attempts for an individual for at least 60 days following their release, and to offer mental health services and treatment, as appropriate, and assist with facilitating an individuals access to private insurance, if applicable. By creating new requirements for county behavioral health departments, 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.
Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. If a defendant who has been charged with a misdemeanor has been determined to be mentally incompetent, existing law authorizes the court to either grant diversion for a period of one year, refer the defendant to treatment, or dismiss the charge.
Existing law, the Bronzan-McCorquodale Act, governs the organization and financing of community mental health services for persons with mental disorders in every county through locally administered and locally controlled community mental health programs.
This bill would require the court to notify an individual of their ongoing need for mental health services if the individual has been found incompetent to stand trial and is not receiving court directed services. The bill would require the court to provide the individual with specified information, including the name, address, and telephone number of the county behavioral health department. The bill would require a county behavioral health department, in collaboration and coordination with community-based organizations, to attempt to make first contact with an individual within 48 hours of release, to track outreach attempts for an individual for at least 60 days following their release, and to offer mental health services and treatment, as appropriate, and assist with facilitating an individuals access to private insurance, if applicable. By creating new requirements for county behavioral health departments, 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
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 5623.6 is added to the Welfare and Institutions Code, to read:5623.6. (a) Individuals who have been found incompetent to stand trial and whose charges have been dismissed by the court pursuant to paragraph (2) of subdivision (b) of Section 1370.01 of the Penal Code and who are not receiving court directed services pursuant to subdivision (b) of Section 1370.01 of the Penal Code, represent a vulnerable population who would benefit from on-going mental health services. It is the intent of the Legislature that this population shall be a top priority for connection with behavioral health services upon release.(b) An individual who has a misdemeanor charge or charges that are dismissed by the court, who is found incompetent to stand trial, and who is not receiving court directed services pursuant to subdivision (b) of Section 1370.01 of the Penal Code, shall be notified by the court of their need for mental health services, as evidenced by having been found incompetent to stand trial. The court shall additionally provide the individual with information that, at a minimum, consists of the name, address, and telephone number of the county behavioral health department, the name and contact information of the behavioral health professional that was providing services to them while incarcerated, if any, contact information for the Medi-Cal program, and a list of available community-based organizations where the individual could obtain mental health services.(c)A county behavioral health department shall make an individual identified in subdivision (b) a top priority for engagement of mental health services. The county shall track outreach and engagement efforts for these individuals for a period of 60 days postrelease. The county shall, in collaboration and coordination with community-based organizations, within 48 hours of release, attempt to establish first contact for the purpose of securing an individuals agreement to participate in on-going mental health treatment either through private insurance, Medi-Cal, or county-based programs. The county shall continue to make concerted efforts to maintain contact for the purpose of engaging the individual in treatment at a minimum of twice a week for the first three weeks postrelease and a minimum of at least three more times before the conclusion of the 60-day period.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.
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 5623.6 is added to the Welfare and Institutions Code, to read:5623.6. (a) Individuals who have been found incompetent to stand trial and whose charges have been dismissed by the court pursuant to paragraph (2) of subdivision (b) of Section 1370.01 of the Penal Code and who are not receiving court directed services pursuant to subdivision (b) of Section 1370.01 of the Penal Code, represent a vulnerable population who would benefit from on-going mental health services. It is the intent of the Legislature that this population shall be a top priority for connection with behavioral health services upon release.(b) An individual who has a misdemeanor charge or charges that are dismissed by the court, who is found incompetent to stand trial, and who is not receiving court directed services pursuant to subdivision (b) of Section 1370.01 of the Penal Code, shall be notified by the court of their need for mental health services, as evidenced by having been found incompetent to stand trial. The court shall additionally provide the individual with information that, at a minimum, consists of the name, address, and telephone number of the county behavioral health department, the name and contact information of the behavioral health professional that was providing services to them while incarcerated, if any, contact information for the Medi-Cal program, and a list of available community-based organizations where the individual could obtain mental health services.(c)A county behavioral health department shall make an individual identified in subdivision (b) a top priority for engagement of mental health services. The county shall track outreach and engagement efforts for these individuals for a period of 60 days postrelease. The county shall, in collaboration and coordination with community-based organizations, within 48 hours of release, attempt to establish first contact for the purpose of securing an individuals agreement to participate in on-going mental health treatment either through private insurance, Medi-Cal, or county-based programs. The county shall continue to make concerted efforts to maintain contact for the purpose of engaging the individual in treatment at a minimum of twice a week for the first three weeks postrelease and a minimum of at least three more times before the conclusion of the 60-day period.
SECTION 1. Section 5623.6 is added to the Welfare and Institutions Code, to read:
### SECTION 1.
5623.6. (a) Individuals who have been found incompetent to stand trial and whose charges have been dismissed by the court pursuant to paragraph (2) of subdivision (b) of Section 1370.01 of the Penal Code and who are not receiving court directed services pursuant to subdivision (b) of Section 1370.01 of the Penal Code, represent a vulnerable population who would benefit from on-going mental health services. It is the intent of the Legislature that this population shall be a top priority for connection with behavioral health services upon release.(b) An individual who has a misdemeanor charge or charges that are dismissed by the court, who is found incompetent to stand trial, and who is not receiving court directed services pursuant to subdivision (b) of Section 1370.01 of the Penal Code, shall be notified by the court of their need for mental health services, as evidenced by having been found incompetent to stand trial. The court shall additionally provide the individual with information that, at a minimum, consists of the name, address, and telephone number of the county behavioral health department, the name and contact information of the behavioral health professional that was providing services to them while incarcerated, if any, contact information for the Medi-Cal program, and a list of available community-based organizations where the individual could obtain mental health services.(c)A county behavioral health department shall make an individual identified in subdivision (b) a top priority for engagement of mental health services. The county shall track outreach and engagement efforts for these individuals for a period of 60 days postrelease. The county shall, in collaboration and coordination with community-based organizations, within 48 hours of release, attempt to establish first contact for the purpose of securing an individuals agreement to participate in on-going mental health treatment either through private insurance, Medi-Cal, or county-based programs. The county shall continue to make concerted efforts to maintain contact for the purpose of engaging the individual in treatment at a minimum of twice a week for the first three weeks postrelease and a minimum of at least three more times before the conclusion of the 60-day period.
5623.6. (a) Individuals who have been found incompetent to stand trial and whose charges have been dismissed by the court pursuant to paragraph (2) of subdivision (b) of Section 1370.01 of the Penal Code and who are not receiving court directed services pursuant to subdivision (b) of Section 1370.01 of the Penal Code, represent a vulnerable population who would benefit from on-going mental health services. It is the intent of the Legislature that this population shall be a top priority for connection with behavioral health services upon release.(b) An individual who has a misdemeanor charge or charges that are dismissed by the court, who is found incompetent to stand trial, and who is not receiving court directed services pursuant to subdivision (b) of Section 1370.01 of the Penal Code, shall be notified by the court of their need for mental health services, as evidenced by having been found incompetent to stand trial. The court shall additionally provide the individual with information that, at a minimum, consists of the name, address, and telephone number of the county behavioral health department, the name and contact information of the behavioral health professional that was providing services to them while incarcerated, if any, contact information for the Medi-Cal program, and a list of available community-based organizations where the individual could obtain mental health services.(c)A county behavioral health department shall make an individual identified in subdivision (b) a top priority for engagement of mental health services. The county shall track outreach and engagement efforts for these individuals for a period of 60 days postrelease. The county shall, in collaboration and coordination with community-based organizations, within 48 hours of release, attempt to establish first contact for the purpose of securing an individuals agreement to participate in on-going mental health treatment either through private insurance, Medi-Cal, or county-based programs. The county shall continue to make concerted efforts to maintain contact for the purpose of engaging the individual in treatment at a minimum of twice a week for the first three weeks postrelease and a minimum of at least three more times before the conclusion of the 60-day period.
5623.6. (a) Individuals who have been found incompetent to stand trial and whose charges have been dismissed by the court pursuant to paragraph (2) of subdivision (b) of Section 1370.01 of the Penal Code and who are not receiving court directed services pursuant to subdivision (b) of Section 1370.01 of the Penal Code, represent a vulnerable population who would benefit from on-going mental health services. It is the intent of the Legislature that this population shall be a top priority for connection with behavioral health services upon release.(b) An individual who has a misdemeanor charge or charges that are dismissed by the court, who is found incompetent to stand trial, and who is not receiving court directed services pursuant to subdivision (b) of Section 1370.01 of the Penal Code, shall be notified by the court of their need for mental health services, as evidenced by having been found incompetent to stand trial. The court shall additionally provide the individual with information that, at a minimum, consists of the name, address, and telephone number of the county behavioral health department, the name and contact information of the behavioral health professional that was providing services to them while incarcerated, if any, contact information for the Medi-Cal program, and a list of available community-based organizations where the individual could obtain mental health services.(c)A county behavioral health department shall make an individual identified in subdivision (b) a top priority for engagement of mental health services. The county shall track outreach and engagement efforts for these individuals for a period of 60 days postrelease. The county shall, in collaboration and coordination with community-based organizations, within 48 hours of release, attempt to establish first contact for the purpose of securing an individuals agreement to participate in on-going mental health treatment either through private insurance, Medi-Cal, or county-based programs. The county shall continue to make concerted efforts to maintain contact for the purpose of engaging the individual in treatment at a minimum of twice a week for the first three weeks postrelease and a minimum of at least three more times before the conclusion of the 60-day period.
5623.6. (a) Individuals who have been found incompetent to stand trial and whose charges have been dismissed by the court pursuant to paragraph (2) of subdivision (b) of Section 1370.01 of the Penal Code and who are not receiving court directed services pursuant to subdivision (b) of Section 1370.01 of the Penal Code, represent a vulnerable population who would benefit from on-going mental health services. It is the intent of the Legislature that this population shall be a top priority for connection with behavioral health services upon release.
(b) An individual who has a misdemeanor charge or charges that are dismissed by the court, who is found incompetent to stand trial, and who is not receiving court directed services pursuant to subdivision (b) of Section 1370.01 of the Penal Code, shall be notified by the court of their need for mental health services, as evidenced by having been found incompetent to stand trial. The court shall additionally provide the individual with information that, at a minimum, consists of the name, address, and telephone number of the county behavioral health department, the name and contact information of the behavioral health professional that was providing services to them while incarcerated, if any, contact information for the Medi-Cal program, and a list of available community-based organizations where the individual could obtain mental health services.
(c)A county behavioral health department shall make an individual identified in subdivision (b) a top priority for engagement of mental health services. The county shall track outreach and engagement efforts for these individuals for a period of 60 days postrelease. The county shall, in collaboration and coordination with community-based organizations, within 48 hours of release, attempt to establish first contact for the purpose of securing an individuals agreement to participate in on-going mental health treatment either through private insurance, Medi-Cal, or county-based programs. The county shall continue to make concerted efforts to maintain contact for the purpose of engaging the individual in treatment at a minimum of twice a week for the first three weeks postrelease and a minimum of at least three more times before the conclusion of the 60-day period.
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.