Existing law requires the Department of Corrections and Rehabilitation to conduct assessments of all inmates regarding the inmates history of substance abuse, medical and mental health, education, family background, criminal activity, service in the United States military, and social functioning for use in placing the inmate in programs that will aid in his or her reentry to society and that will most likely reduce the inmates chances of reoffending.

This bill would require the department, in making an initial inmate housing assignment, to consider whether the inmate is or was eligible for public mental health services due to a serious mental illness or whether the inmate currently is or was eligible for benefits under the federal Social Security Disability Insurance program due to a diagnosed mental illness.

Existing law requires the Department of Corrections and Rehabilitation to conduct assessments of all inmates regarding the inmates history of substance abuse, medical and mental health, education, family background, criminal activity, service in the United States military, and social functioning for use in placing the inmate in programs that will aid in his or her reentry to society and that will most likely reduce the inmates chances of reoffending.

This bill would require the department, in making an initial inmate housing assignment, to consider whether the inmate is or was eligible for public mental health services due to a serious mental illness or whether the inmate currently is or was eligible for benefits under the federal Social Security Disability Insurance program due to a diagnosed mental illness.

Date of Hearing: May 10, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 266

Author:(Thurmond) – As Amended Ver:April 24, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Department of Corrections and Rehabilitation (CDCR), when making an initial inmate housing assignment, to consider whether the inmate is currently eligible for public mental health services due to a serious mental illness, or whether the inmate currently is eligible for benefits under the federal Social Security Disability Insurance (SSI) program due to a diagnosed mental illness.

FISCAL EFFECT:

Unknown, but substantial, GF cost to CDCR for staff to try to determine an inmate’s eligibility for mental health services. If CDCR receives the information after the screening/evaluation is completed, it would require the clinician to go back and review the information, and perhaps to re-evaluate the inmate, which would impact workload. The bill does not direct county mental health departments and/or social security to communicate or verify information with CDCR. Inmates from county jail may spend considerable time at the local level before coming to CDCR; even if information were provided by SSI or county mental health, CDCR would still do its own evaluation. 

COMMENTS:

1. Background. Current law requires CDCR to conduct assessments of all inmates that include, but are not limited to, data regarding the inmate's history of substance abuse, medical and mental health, education, family background, criminal activity, service in the United States military, and social functioning. This assessment, based on an inmates current status, is used to place the inmate in programs that will aid in his or her reentry to society and will most likely reduce the inmate's chances of reoffending.
2. Purpose. According to the author, there has been a rise in the number of people in prison suffering mental illness. The author believes AB 266 will streamline part of the reception center process by requiring CDCR to use a determination by a public entity whether the new inmate has a serious mental illness.

This bill requires CDCR to determine if the inmate is eligible for public health mental services, or benefits under the SSI, due to a diagnosed mental health illness at the time of admission. Ultimately the key to placing inmates in the Mental Health Services Delivery System is based on the inmate’s level of functioning at the time of admission.  An inmate may have been receiving SSI in the community but that does not necessarily indicate that inmate will have difficulty functioning in a highly structured environment.

1. Support. The California Attorneys for Criminal Justice believe AB 266 will improve CDCR’s process of considering who has mental health issues, when making a housing assignment, and will ensure continuity of care.
2. Related Legislation. AB 154 (Levine), currently in this Committee on Suspense, allows the court to order a defendant to serve all, or part, of their state prison or county jail sentence in a residential mental health facility, when a defendant establishes that they meet specified criteria regarding mental illness.
3. Prior Legislation. AB 1006 and AB 2262 (Levine), of the 2015-16 Legislative Session, were both very similar to AB 154 and both bills were held on Suspense in this Committee.
   

Analysis Prepared by: Pedro Reyes / APPR. / 916 319-2081

Date of Hearing:

Counsel: Gabriel Caswell

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 266

Author:(Thurmond) – As Introduced Ver:February 1, 2017

SUMMARY:

Requires the Department of Corrections and Rehabilitation (CDCR), when making an initial inmate housing assignment, to consider whether the inmate is, or was, eligible for public mental health services due to a serious mental illness, or whether the inmate currently is, or was, eligible for benefits under the federal Social Security Disability Insurance program due to a diagnosed mental illness.

EXISTING LAW:

1. Requires that CDCR conduct assessments of all inmates that include, but are not limited to, data regarding the inmate's history of substance abuse, medical and mental health, education, family background, criminal activity, service in the United States military, and social functioning. (Pen. Code, § 3020.)
   
2. Specifies that CDCR assessments of inmates shall be used to place the inmate in programs that will aid in his or her reentry to society and that will most likely reduce the inmate's chances of reoffending. (Pen. Code, § 3020.)
   
3. States that a credentialed teacher, vice principal, or principal shall provide input relating to the academic or vocational education program placement of an inmate, including, but not limited to, interviewing the inmate, verifying the inmate's education records and test scores, or being present at meetings relating to the academic or vocational education program placement. (Pen. Code, § 3021.)
4. Provides that the inmate classification process shall be uniformly applied, commencing upon reception of a person committed to the custody of CDCR. (Cal. Code Regs. 3375, subd. (a).)
   
   1. States that classification of inmates shall continue throughout the time the individual remains under CDCR's jurisdiction.
      
   2. Specifies that each inmate shall be individually classified.
      
   3. Provides that the classification process shall take into consideration the inmate's needs, interests and desires, his/her behavior and placement score in keeping with the Department and institution's/facility's program and security missions and public safety. (Cal. Code Regs. 3375, subd. (b).)
      
5. Provides procedural safeguards for inmates in their classification, including notice requirements, rights to be present at determinations, and rights to contest classifications as specified. (Cal. Code Regs. 3375, subd. (f).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “The number of people suffering from mental illness in prison is on the rise, despite recent reforms to state prison system. Delays in assessment and treatment upon entering prison can cause people with mental illness to decompensate, making treatment more difficult and more costly. This bill will streamline part of the reception center process by requiring CDCR to use a determination by a public entity that this person has a serious mental illness. In many cases, a person who has a serious mental illness has received benefits a public entity for that mental illness, but that information isn’t currently available to CDCR. By providing this information to CDCR, the reception center process will be streamlined for people with serious mental illness, saving money and helping to ensure continuity of care.”
   
2. Reception Center Processing: The stated purpose of this bill is to streamline the reception center processing conducted by CDCR. This bill would require CDCR to use determinations made by public entities when they have made determinations about the mental health of an incoming inmate. Incoming inmates may have serious mental health issues, and they have received benefits from public entities. This bill would allow CDCR to utilize that information during the intake process.
3. Argument in Support: According to California Attorneys for Criminal Justice, "AB 266 would streamline the assessment and treatment process of people suffering from mental illness and would require the California Department of Corrections and Rehabilitation (CDCR) to consider whether the inmate currently is or was eligible for public mental health services due to a diagnosed mental illness.

"The concern of inmates with mental health issues has been gaining attention since 2011, when California’s prison system underwent significant reforms due to lawsuits revealing constitutionally inadequate medical care, specifically mental health care. According to CDCR, the number of mentally ill offenders has increased since that time with a continued projection of growth in the future. This measure will improve CDCR’s process of considering who has mental health issues, when making a housing assignment, and will ensure continuity of care."

REGISTERED SUPPORT / OPPOSITION:

Support

California Attorneys for Criminal Justice

1 private individual.

Opposition

None

Analysis Prepared by:

Gabriel Caswell / PUB. S. /