California 2023 2023-2024 Regular Session

California Senate Bill SB717 Enrolled / Bill

Filed 09/19/2023

                    Enrolled  September 19, 2023 Passed IN  Senate  September 14, 2023 Passed IN  Assembly  September 13, 2023 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, 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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 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.

 Enrolled  September 19, 2023 Passed IN  Senate  September 14, 2023 Passed IN  Assembly  September 13, 2023 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, 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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Enrolled  September 19, 2023 Passed IN  Senate  September 14, 2023 Passed IN  Assembly  September 13, 2023 Amended IN  Assembly  September 01, 2023 Amended IN  Assembly  July 05, 2023

Enrolled  September 19, 2023
Passed IN  Senate  September 14, 2023
Passed IN  Assembly  September 13, 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, 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.

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.

## 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.

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.

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.

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.

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.



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.