Incarcerated persons: mental health evaluations.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Public Safety
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill changes the criteria for determining whether an incarcerated person needs treatment for a mental health disorder before parole. Instead of requiring a specific evaluation by the State Department of State Hospitals, it allows the chief psychiatrist of the Department of Corrections and Rehabilitation to certify that the prisoner meets three out of five specific criteria related to their mental health, criminal history, and potential danger to others. Importantly, the bill includes sexual harassment and battery as ‘physical harm’ for the purposes of this determination.
Key provisions
- Requires the chief psychiatrist to certify meeting three of five criteria for mental health treatment.
- Expands ‘physical harm’ to include sexual harassment and battery.
- Removes the requirement for a specific evaluation by the State Department of State Hospitals.
- Maintains the requirement that the prisoner’s mental health disorder was a cause or aggravating factor in their crime.
- Requires 90 days of treatment for the disorder prior to parole.
- Includes specific crimes that trigger the need for treatment (e.g., manslaughter, rape, arson).
- Allows for further evaluation if initial professionals disagree on the prisoner’s mental health status.
- Addresses access to prisoner records for evaluations.
Who is affected
- Incarcerated persons
- Board of Parole Hearings
- Department of Corrections and Rehabilitation
Bill text
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Sponsors
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1 on record
Primary sponsor
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