Mentally disordered offenders: criteria for commitment.
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Majority
Fiscal committee
No
Appropriation
No
Current location
Passed
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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 a mentally disordered offender should be treated by the State Department of State Hospitals upon parole. Currently, a prisoner must meet specific requirements and undergo a certain assessment. This bill requires the Historical Clinical Risk Management-20, Version 3 assessment and shifts the process for challenging the determination to a court hearing in the county of commitment. It also mandates that psychiatrists or psychologists consider the prisoner’s history of violence related to their mental disorder when assessing the risk of harm.
Key provisions
- Requires the use of the Historical Clinical Risk Management-20, Version 3 assessment.
- Shifts the petition process for challenging a determination from the Board of Parole Hearings to a court hearing in the county of commitment.
- Requires psychiatrists or psychologists to consider the prisoner’s history of violence related to their mental disorder when assessing risk.
- Authorizes a court hearing in the county of commitment with stipulation from relevant parties.
- Specifies criteria for determining a ‘severe mental health disorder’ and ‘remission’.
- Lists specific crimes that trigger the requirement for State Department of State Hospitals treatment.
- Addresses the evaluation process for prisoners housed at county correctional facilities.
- Clarifies the standard for determining if a prisoner voluntarily follows a treatment plan.
Who is affected
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Primary sponsor
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