AB 870: Prisoners: mental health treatment.

Session Year: 2017-2018
House: Assembly
Latest Version Date: 2018-01-03

Version:

Existing law requires a court, upon the conviction of a defendant of a felony resulting in sentencing to state prison, to recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned if the court makes certain findings relating to the defendants drug use.

This bill would require a court, upon the conviction of a defendant for a felony resulting in sentencing to state prison, to recommend in writing that the defendant receive a mental health evaluation if the court finds that the defendant at the time of the commission of the offense was suffering from a serious mental illness or has a demonstrated history of mental illness.

The Administrative Procedure Act generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. The Road Repair and Accountability Act of 2017, which is Senate Bill 1 of the 201718 Regular Session, generally provides that guidelines adopted to implement transportation programs in the act by various state agencies are exempt from the Administrative Procedure Act. The Road Repair and Accountability Act of 2017 also contains specific exemptions for various programs in the act from the Administrative Procedure Act.This bill would repeal the general exemption.

Discussed in Hearing