AB 3077: Criminal procedure: borderline personality disorder.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-08-31
Current Status:
Failed
(2024-09-28: Vetoed by Governor.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill removes borderline personality disorder as an exclusion so people with that diagnosis can be eligible for pretrial mental health diversion and so courts can consider that diagnosis as a mental illness when deciding whether to dismiss sentence enhancements (extra punishment for prior crimes). It also updates related rules about county diversion programs, funding, and reporting tied to felony incompetency and the state Mental Health Diversion Fund.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law prohibits a person from being tried for a criminal offense while they are mentally incompetent. Existing law prescribes the procedure for a person found to be mentally incompetent to be restored to competence. Existing law creates the Mental Health Diversion Fund to be used for the purpose of supporting county activities that will divert individuals with serious mental illnesses away from the criminal justice system and lead to a reduction of felony incompetent to stand trial determinations. Existing law describes the target population for mental health diversion as individuals diagnosed with a mental disorder, as specified, excluding antisocial personality disorder, borderline personality disorder, and pedophilia.
This bill would remove borderline personality disorder as an exclusion for pretrial diversion.
Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice. Existing law requires a court to dismiss an enhancement if it is in the furtherance of justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute. Existing law requires the court to consider and afford great weight to evidence offered by the defendant to prove that specified mitigating circumstances are present, including when the offense is connected to a mental illness, as specified, excluding antisocial personality disorder, borderline personality disorder, and pedophilia.
This bill would remove borderline personality disorder as an exclusion for the purposes of the courts evaluation of mitigating circumstances under this provision.
This bill would incorporate additional changes to Section 4361 of the Welfare and Institutions Code proposed by SB 1323 to be operative only if this bill and SB 1323 are enacted and this bill is enacted last.
Existing law prohibits a person from being tried for a criminal offense while they are mentally incompetent. Existing law prescribes the procedure for a person found to be mentally incompetent to be restored to competence. Existing law creates the Mental Health Diversion Fund to be used for the purpose of supporting county activities that will divert individuals with serious mental illnesses away from the criminal justice system and lead to a reduction of felony incompetent to stand trial determinations. Existing law describes the target population for mental health diversion as individuals diagnosed with a mental disorder, as specified, excluding antisocial personality disorder, borderline personality disorder, and pedophilia.
This bill would remove borderline personality disorder as an exclusion for pretrial diversion.
Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice. Existing law requires a court to dismiss an enhancement if it is in the furtherance of justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute. Existing law requires the court to consider and afford great weight to evidence offered by the defendant to prove that specified mitigating circumstances are present, including when the offense is connected to a mental illness, as specified, excluding antisocial personality disorder, borderline personality disorder, and pedophilia.
This bill would remove borderline personality disorder as an exclusion for the purposes of the courts evaluation of mitigating circumstances under this provision.
This bill would incorporate additional changes to Section 4361 of the Welfare and Institutions Code proposed by SB 1323 to be operative only if this bill and SB 1323 are enacted and this bill is enacted last.
Existing law prohibits a person from being tried for a criminal offense while they are mentally incompetent. Existing law prescribes the procedure for a person found to be mentally incompetent to be restored to competence. Existing law creates the Mental Health Diversion Fund to be used for the purpose of supporting county activities that will divert individuals with serious mental illnesses away from the criminal justice system and lead to a reduction of felony incompetent to stand trial determinations. Existing law describes the target population for mental health diversion as individuals diagnosed with a mental disorder, as specified, excluding antisocial personality disorder, borderline personality disorder, and pedophilia.
This bill would remove borderline personality disorder as an exclusion for pretrial diversion.
Existing law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice. Existing law requires a court to dismiss an enhancement if it is in the furtherance of justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute. Existing law requires the court to consider and afford great weight to evidence offered by the defendant to prove that specified mitigating circumstances are present, including when the offense is connected to a mental illness, as specified, excluding antisocial personality disorder, borderline personality disorder, and pedophilia.
This bill would remove borderline personality disorder as an exclusion for the purposes of the courts evaluation of mitigating circumstances under this provision.
Existing law requires a sentence resulting in imprisonment in the state prison to include a period of parole supervision or postrelease community supervision, as specified. Existing law generally specifies the length and review process for parole depending on the violation for which the person has been sentenced and whether the person has violated the terms of their parole.This bill would make technical, nonsubstantive changes to these provisions.Existing law requires a sentence resulting in imprisonment in the state prison to include a period of parole supervision or postrelease community supervision, as specified. Existing law generally specifies the length and review process for parole depending on the violation for which the person has been sentenced and whether the person has violated the terms of their parole.
This bill would make technical, nonsubstantive changes to these provisions.
(a)The judge or magistrate may, either on motion of the court or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal shall be stated orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or in any case in which the proceedings are not being recorded electronically or reported by a court reporter. A dismissal shall not be made for any cause that would be ground of demurrer to the accusatory pleading.
(b)(1)If the court has the authority pursuant to subdivision (a) to strike or dismiss an enhancement, the court may instead strike the additional punishment for that enhancement in the furtherance of justice in compliance with subdivision (a).
(2)This subdivision does not authorize the court to strike the additional punishment for any enhancement that cannot be stricken or dismissed pursuant to subdivision (a).
(c)(1)Notwithstanding any other law, the court shall dismiss an enhancement if it is in the furtherance of justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute.
(2)In exercising its discretion under this subdivision, the court shall consider and afford great weight to evidence offered by the defendant to prove that any of the mitigating circumstances in subparagraphs (A) to (I) are present. Proof of the presence of one or more of these circumstances weighs greatly in favor of dismissing the enhancement, unless the court finds that dismissal of the enhancement would endanger public safety. Endanger public safety means there is a likelihood that the dismissal of the enhancement would result in physical injury or other serious danger to others.
(A)Application of the enhancement would result in a discriminatory racial impact as described in paragraph (4) of subdivision (a) of Section 745.
(B)Multiple enhancements are alleged in a single case. In this instance, all enhancements beyond a single enhancement shall be dismissed.
(C)The application of an enhancement could result in a sentence of over 20 years. In this instance, the enhancement shall be dismissed.
(D)The current offense is connected to mental illness.
(E)The current offense is connected to prior victimization or childhood trauma.
(F)The current offense is not a violent felony as defined in subdivision (c) of Section 667.5.
(G)The defendant was a juvenile when they committed the current offense or any prior offenses, including criminal convictions and juvenile adjudications, that trigger the enhancement or enhancements applied in the current case.
(H)The enhancement is based on a prior conviction that is over five years old.
(I)Though a firearm was used in the current offense, it was inoperable or unloaded.
(3)While the court may exercise its discretion at sentencing, this subdivision does not prevent a court from exercising its discretion before, during, or after trial or entry of plea.
(4)The circumstances listed in paragraph (2) are not exclusive and the court maintains authority to dismiss or strike an enhancement in accordance with subdivision (a).
(5)For the purposes of subparagraph (D) of paragraph (2), a mental illness is a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder but excluding antisocial personality disorder and pedophilia. A court may conclude that a defendants mental illness was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, statements by the defendants mental health treatment provider, medical records, records or reports by qualified medical experts, or evidence that the defendant displayed symptoms consistent with the relevant mental disorder at or near the time of the offense, the court concludes that the defendants mental illness substantially contributed to the defendants involvement in the commission of the offense.
(6)For the purposes of this subdivision, the following terms have the following meanings:
(A)Childhood trauma means that as a minor the person experienced physical, emotional, or sexual abuse, physical or emotional neglect. A court may conclude that a defendants childhood trauma was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, medical records, or records or reports by qualified medical experts, the court concludes that the defendants childhood trauma substantially contributed to the defendants involvement in the commission of the offense.
(B)Prior victimization means the person was a victim of intimate partner violence, sexual violence, or human trafficking, or the person has experienced psychological or physical trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence. A court may conclude that a defendants prior victimization was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, medical records, or records or reports by qualified medical experts, the court concludes that the defendants prior victimization substantially contributed to the defendants involvement in the commission of the offense.
(7)This subdivision shall apply to all sentencings occurring after January 1, 2022.
SEC. 2.Section 4336 of the Welfare and Institutions Code is amended to read:4336.(a)As used in this section, department means the State Department of State Hospitals.
(b)(1)The department shall implement a growth cap program for all counties for individuals committed pursuant to Section 1370 of the Penal Code. The department shall charge counties penalty payments as described in this subdivision to implement the growth cap program.
(2)The baseline number of individuals determined to be incompetent to stand trial on felony charges for each county shall be the number of felony incompetency determinations made in the 202122 fiscal year for each county. For any county with zero felony incompetency to stand trial determinations in the 202122 fiscal year, the baseline shall be set at one individual.
(3)(A)Commencing with the 202223 fiscal year and each fiscal year thereafter, for each felony incompetent to stand trial determination that exceeds the baseline number identified in paragraph (2), a county shall pay the penalty amount described in subparagraph (C).
(B)The department shall reconcile the total county incompetent to stand trial determinations against the baseline by September 30 each year.
(C)Calculations shall be based on the published per individual rate set forth by the department for state hospital treatment for individuals found incompetent to stand trial on a felony charge, as follows:
(i)Each county shall make penalty payments equivalent to 50 percent of the rate for the 5th, 6th, and 7th individual felony incompetent to stand trial determinations over the baseline, 75 percent of the rate for the 8th and 9th individual felony incompetent to stand trial determinations over the baseline, and 100 percent of the rate for the 10th and all subsequent felony incompetent to stand trial determinations over the baseline.
(ii)(I)Commencing with the 202627 fiscal year and each fiscal year thereafter, a county with a felony mental health diversion or community-based restoration contract with the department shall, for the third and any subsequent individual felony incompetent to stand trial determinations over the baseline, make penalty payments equivalent to 100 percent of the rate.
(II)Commencing with the 202627 fiscal year and each fiscal year thereafter, any county without a felony mental health diversion or community-based restoration contract with the department shall, for the third and any subsequent individual felony incompetent to stand trial determinations over the baseline, make penalty payments equivalent to 150 percent of the rate.
(D)Commencing with the 202223 fiscal year, the department shall periodically notify the superior court and relevant county agencies of each county, including, but not limited to, the county administrator, behavioral health department, sheriff, public defender, and district attorney of the total number of felony incompetent to stand trial determinations made in that county for the current fiscal year compared to the baseline determination for that county.
(E)Commencing with the 202324 fiscal year, each county shall remit payment to the department in an amount equal to the amount identified in the invoice issued to the county administrator or their designee by the department. The penalty payment shall be due no later than 90 days after the date that the invoice is received by the county. The penalty funds shall be collected as revenue by the department and deposited by the Controller into the Mental Health Diversion Fund, created pursuant to subdivision (c).
(F)A county may pay these penalty payments from any local funding source available, including funds received by the county through contracts issued by the department to the county for purposes of serving the felony incompetent to stand trial population.
(G)Commencing with the 202324 fiscal year, and each fiscal year thereafter, notwithstanding any other budgetary or accounting requirements, the department shall make the final determination of the proper budgeting and accounting of the penalties received, deposited, and disbursed from the Mental Health Diversion Fund to each county as appropriate.
(c)(1)The Mental Health Diversion Fund is hereby created in the State Treasury. The fund shall receive penalty payments from each county as collected by the department pursuant to this section. All moneys in the fund are reserved and continuously appropriated, without regard to fiscal years. The funds collected in the fund shall be used for the purpose of supporting county activities that will divert individuals with serious mental illnesses away from the criminal justice system and lead to the reduction of felony incompetent to stand trial determinations.
(2)Activities supported by the funds collected in the Mental Health Diversion Fund shall include one or more of the following:
(A)Prebooking mental health diversion to serve those with serious mental illness and prevent their felony arrest. The target population that shall be served are individuals demonstrating psychosis manifesting as hallucinations, delusions, disorganized thoughts, or disorganized behavior at the time of the interaction.
(B)Postbooking mental health diversion to serve those with serious mental illness and who are likely to be found incompetent to stand trial, to prevent the incompetent to stand trial determination and divert the individual from incarceration. The target population that shall be served are individuals diagnosed with a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, and schizoaffective disorder but excluding a primary diagnosis of antisocial personality disorder and pedophilia, and who are presenting non-substance-induced psychotic symptoms.
(C)Reentry services and support to serve those who have been restored to competency following a felony incompetent to stand trial commitment and directly released to the community from jail.
(d)(1)Beginning in the 202425 fiscal year, each county that has received funds from the Mental Health Diversion Fund shall submit an annual report to the department, on or before October 1 of each fiscal year, identifying how funds were used in the prior fiscal year.
(2)The department shall, by no later than July 1, 2024, publish an administrative letter to counties outlining the required form and content of the report.
(3)Annual reports submitted by each county subject to this section shall include, without limitation, the number of individuals served, the services and support provided, and the projected impact to the number of felony incompetent to stand trial determinations by the county.
(e)Commencing with the 202324 fiscal year, and each fiscal year thereafter, the department shall submit a schedule to the Controller of disbursements of funds from the Mental Health Diversion Fund to each county. Disbursements for each county shall equal the amount of county payments made to the department in accordance with subdivision (b).
(f)Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section by means of a departmental letter or other similar instruction, as necessary.
SEC. 3.Section 4361 of the Welfare and Institutions Code is amended to read:4361.(a)As used in this section, department means the State Department of State Hospitals.
(b)The purpose of this chapter is to, subject to appropriation by the Legislature, promote the diversion of individuals with serious mental disorders as prescribed in Chapter 2.8A (commencing with Section 1001.35) of Title 6 of Part 2 of the Penal Code, and to assist counties in providing diversion for individuals with serious mental illnesses who have been found incompetent to stand trial and committed to the department for restoration of competency. In implementing this chapter, the department shall consider local discretion and flexibility in diversion activities that meet the communitys needs and provide for the safe and effective treatment of individuals with serious mental disorders across a continuum of care.
(c)(1)Subject to appropriation by the Legislature, the department may solicit proposals from, and may contract with, a county to help fund the development or expansion of pretrial diversion described in Chapter 2.8A (commencing with Section 1001.35) of Title 6 of Part 2 of the Penal Code, for the population described in subdivision (b) and that meets all of the following criteria:
(A)Participants are individuals diagnosed with a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, and schizoaffective disorder, but excluding a primary diagnosis of antisocial personality disorder and pedophilia, and who are presenting non-substance-induced psychotic symptoms, who have been found incompetent to stand trial pursuant to clause (iv) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 1370 of the Penal Code.
(B)There is a significant relationship between the individuals serious mental disorder and the charged offense, or between the individuals conditions of homelessness and the charged offense.
(C)The individual does not pose an unreasonable risk of danger to public safety, as defined in Section 1170.18 of the Penal Code, if treated in the community.
(2)A county submitting a proposal for funding under this chapter shall designate a lead entity to apply for the funds. This lead entity shall show in its proposal that it has support from other county entities or other relevant entities, including courts, that are necessary to provide successful diversion of individuals under the contract.
(d)When evaluating proposals from the county, the department, in consultation with the Council on Criminal Justice and Behavioral Health within the Department of Corrections and Rehabilitation, shall prioritize proposals that demonstrate all of the following:
(1)Provision of clinically appropriate or evidence-based mental health treatment and wraparound services across a continuum of care, as appropriate, to meet the individual needs of the diversion participant. For purposes of this section, wraparound services means services provided in addition to the mental health treatment necessary to meet the individuals needs for successfully managing the individuals mental health symptoms and to successfully live in the community. Wraparound services provided by the diversion program shall include appropriate housing, intensive case management, and substance use disorder treatment, and may include, without limitation, forensic assertive community treatment teams, crisis residential services, criminal justice coordination, peer support, and vocational support.
(2)Collaboration between community stakeholders and other partner government agencies in the diversion of individuals with serious mental disorders.
(3)Connection of individuals to services in the community after they have completed diversion as provided in this chapter.
(e)The department may also provide funding in the contract with the county, subject to appropriation by the Legislature, to cover the cost of providing postbooking assessment of defendants who are likely to be found incompetent to stand trial on felony charges to determine whether the defendant would benefit from diversion as included in the contract.
(f)The department may also provide funding in the contract with the county, subject to appropriation by the Legislature, to cover the cost of in-jail treatment prior to the placement in the community for up to an average of 15 days for defendants who have been approved by the court for diversion as included in the contract.
(g)A county contracted pursuant to this chapter shall report data and outcomes to the department, within 30 days after the end of each month, regarding those individuals targeted by the contract and in the program. This subdivision does not preclude the department from specifying reporting formats or from modifying, reducing, or adding data elements or outcome measures from a contracting county, as needed to provide for reporting of effective data and outcome measures. Notwithstanding any other law, but only to the extent not prohibited by federal law, the county shall provide specific patient information to the department for reporting purposes. The patient information is confidential and is not open to public inspection. A contracting county shall, at a minimum, report all of the following:
(1)The number of individuals that the court ordered to postbooking diversion and the length of time for which the defendant has been ordered to diversion.
(2)The number of individuals participating in diversion.
(3)The name, social security number, criminal identification and information (CII) number, date of birth, and demographics of each individual participating in the program. This information is confidential and is not open to public inspection.
(4)The length of time in diversion for each participating individual. This information is confidential and is not open to public inspection.
(5)The types of services and supports provided to each individual participating in diversion. This information is confidential and is not open to public inspection.
(6)The number of days each individual was in jail prior to placement in diversion. This information is confidential and is not open to public inspection.
(7)The number of days that each individual spent in each level of care facility. This information is confidential and is not open to public inspection.
(8)The diagnoses of each individual participating in diversion. This information is confidential and is not open to public inspection.
(9)The nature and felony or misdemeanor classification of the charges for each individual participating in diversion. This information is confidential and is not open to public inspection.
(10)The number of individuals who completed diversion.
(11)The name, social security number, CII number, and birth date of each individual who did not complete diversion and the reasons for not completing. This information is confidential and is not open to public inspection.
(h)Contracts awarded pursuant to this chapter are exempt from the requirements contained in the Public Contract Code and the State Administrative Manual and are not subject to approval by the Department of General Services.
(i)The funds shall not be used to supplant existing services or services reimbursable from an available source but rather to expand upon them or support new services for which existing reimbursement may be limited.
(j)(1)Beginning July 1, 2021, subject to appropriation by the Legislature, the department may amend contracts with a county to fund the expansion of an existing department-funded pretrial diversion as described in Chapter 2.8A (commencing with Section 1001.35) of Title 6 of Part 2 of the Penal Code, for the population described in subdivision (b) and that meets both of the following criteria:
(A)All participants identified for potential diversion are found incompetent to stand trial on a felony charge.
(B)Participants diverted through a program expansion suffer from a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, excluding antisocial personality disorder, borderline personality disorder, and pedophilia.
(2)Counties expanding their programs under this section will not be required to meet any additional match funding requirements.
(k)Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the state hospitals and the department may implement, interpret, or make specific this section by means of a departmental letter or other similar instruction, as necessary.
(l)The department shall have access to the arrest records and state summary of criminal history of defendants who are participating or have participated in the diversion program. The information may be used solely for the purpose of looking at the recidivism rate for those patients.
(m)If the defendant is committed directly to a county program in lieu of commitment to the department, counties shall provide the minute order from the court documenting the incompetent to stand trial finding on a felony charge and the original alienist evaluation associated with that finding.
(n)For department-funded diversion programs funded through appropriations made by the Budget Act of 2018 or new county programs funded through the Budget Act of 2021, participants in those county programs may include individuals diagnosed with schizophrenia, schizoaffective disorder, or bipolar disorder, who are likely to be found incompetent to stand trial for felony charges, pursuant to Section 1368 of the Penal Code, or who have been found incompetent to stand trial pursuant to clause (iv) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 1370 of the Penal Code, until new funds are dispersed to the county. Counties shall continue to comply with all terms of the contract signed with the department, including matching fund and data reporting requirements.
SEC. 3.5.Section 4361 of the Welfare and Institutions Code is amended to read:4361.(a)As used in this section, department means the State Department of State Hospitals.
(b)The purpose of this chapter is to, subject to appropriation by the Legislature, promote the diversion of individuals with serious mental disorders as prescribed in Chapter 2.8A (commencing with Section 1001.35) of Title 6 of Part 2 of the Penal Code, and to assist counties in providing diversion for individuals with serious mental illnesses who have been found incompetent to stand trial for a felony charge. In implementing this chapter, the department shall consider local discretion and flexibility in diversion activities that meet the communitys needs and provide for the safe and effective treatment of individuals with serious mental disorders across a continuum of care.
(c)(1)Subject to appropriation by the Legislature, the department may solicit proposals from, and may contract with, a county to help fund the development or expansion of pretrial diversion described in Chapter 2.8A (commencing with Section 1001.35) of Title 6 of Part 2 of the Penal Code, for the population described in subdivision (b) and that meets all of the following criteria:
(A)Participants are individuals diagnosed with a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, and schizoaffective disorder, but excluding a primary diagnosis of antisocial personality disorder and pedophilia, and who are presenting non-substance-induced psychotic symptoms, who have been found incompetent to stand trial pursuant to clause (v) of subparagraph (C) of paragraph (1) of subdivision (a) of Section 1370 of the Penal Code.
(B)There is a significant relationship between the individuals serious mental disorder and the charged offense, or between the individuals conditions of homelessness and the charged offense.
(C)The individual does not pose an unreasonable risk of danger to public safety, as defined in Section 1170.18 of the Penal Code, if treated in the community.
(2)A county submitting a proposal for funding under this chapter shall designate a lead entity to apply for the funds. This lead entity shall show in its proposal that it has support from other county entities or other relevant entities, including courts, that are necessary to provide successful diversion of individuals under the contract.
(d)When evaluating proposals from the county, the department, in consultation with the Council on Criminal Justice and Behavioral Health within the Department of Corrections and Rehabilitation, shall prioritize proposals that demonstrate all of the following:
(1)Provision of clinically appropriate or evidence-based mental health treatment and wraparound services across a continuum of care, as appropriate, to meet the individual needs of the diversion participant. For purposes of this section, wraparound services means services provided in addition to the mental health treatment necessary to meet the individuals needs for successfully managing the individuals mental health symptoms and to successfully live in the community. Wraparound services provided by the diversion program shall include appropriate housing, intensive case management, and substance use disorder treatment, and may include, without limitation, forensic assertive community treatment teams, crisis residential services, criminal justice coordination, peer support, and vocational support.
(2)Collaboration between community stakeholders and other partner government agencies in the diversion of individuals with serious mental disorders.
(3)Connection of individuals to services in the community after they have completed diversion as provided in this chapter.
(e)The department may also provide funding in the contract with the county, subject to appropriation by the Legislature, to cover the cost of providing postbooking assessment of defendants who are likely to be found incompetent to stand trial on felony charges to determine whether the defendant would benefit from diversion as included in the contract.
(f)The department may also provide funding in the contract with the county, subject to appropriation by the Legislature, to cover the cost of in-jail treatment prior to the placement in the community for up to an average of 15 days for defendants who have been approved by the court for diversion as included in the contract.
(g)A county contracted pursuant to this chapter shall report data and outcomes to the department, within 30 days after the end of each month, regarding those individuals targeted by the contract and in the program. This subdivision does not preclude the department from specifying reporting formats or from modifying, reducing, or adding data elements or outcome measures from a contracting county, as needed to provide for reporting of effective data and outcome measures. Notwithstanding any other law, but only to the extent not prohibited by federal law, the county shall provide specific patient information to the department for reporting purposes. The patient information is confidential and is not open to public inspection. A contracting county shall, at a minimum, report all of the following:
(1)The number of individuals that the court ordered to postbooking diversion and the length of time for which the defendant has been ordered to diversion.
(2)The number of individuals participating in diversion.
(3)The name, social security number, criminal identification and information (CII) number, date of birth, and demographics of each individual participating in the program. This information is confidential and is not open to public inspection.
(4)The length of time in diversion for each participating individual. This information is confidential and is not open to public inspection.
(5)The types of services and supports provided to each individual participating in diversion. This information is confidential and is not open to public inspection.
(6)The number of days each individual was in jail prior to placement in diversion. This information is confidential and is not open to public inspection.
(7)The number of days that each individual spent in each level of care facility. This information is confidential and is not open to public inspection.
(8)The diagnoses of each individual participating in diversion. This information is confidential and is not open to public inspection.
(9)The nature and felony or misdemeanor classification of the charges for each individual participating in diversion. This information is confidential and is not open to public inspection.
(10)The number of individuals who completed diversion.
(11)The name, social security number, CII number, and birth date of each individual who did not complete diversion and the reasons for not completing. This information is confidential and is not open to public inspection.
(h)Contracts awarded pursuant to this chapter are exempt from the requirements contained in the Public Contract Code and the State Administrative Manual and are not subject to approval by the Department of General Services.
(i)The funds shall not be used to supplant existing services or services reimbursable from an available source but rather to expand upon them or support new services for which existing reimbursement may be limited.
(j)(1)Beginning July 1, 2021, subject to appropriation by the Legislature, the department may amend contracts with a county to fund the expansion of an existing department-funded pretrial diversion as described in Chapter 2.8A (commencing with Section 1001.35) of Title 6 of Part 2 of the Penal Code, for the population described in subdivision (b) and that meets both of the following criteria:
(A)All participants identified for potential diversion are found incompetent to stand trial on a felony charge.
(B)Participants diverted through a program expansion suffer from a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, excluding antisocial personality disorder, borderline personality disorder, and pedophilia.
(2)Counties expanding their programs under this section will not be required to meet any additional match funding requirements.
(k)Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the state hospitals and the department may implement, interpret, or make specific this section by means of a departmental letter or other similar instruction, as necessary.
(l)The department shall have access to the arrest records and state summary of criminal history of defendants who are participating or have participated in the diversion program. The information may be used solely for the purpose of looking at the recidivism rate for those patients.
(m)If the defendant is committed directly to a county program in lieu of commitment to the department, counties shall provide the minute order from the court documenting the incompetent to stand trial finding on a felony charge and the original alienist evaluation associated with that finding.
(n)For department-funded diversion programs funded through appropriations made by the Budget Act of 2018 or new county programs funded through the Budget Act of 2021, participants in those county programs may include individuals diagnosed with schizophrenia, schizoaffective disorder, or bipolar disorder, who are likely to be found incompetent to stand trial for felony charges, pursuant to Section 1368 of the Penal Code, or who have been found incompetent to stand trial pursuant to clause (v) of subparagraph (C) of paragraph (1) of subdivision (a) of Section 1370 of the Penal Code, until new funds are dispersed to the county. Counties shall continue to comply with all terms of the contract signed with the department, including matching fund and data reporting requirements.
SEC. 4.Section 3.5 of this bill incorporates amendments to Section 4361 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 1323. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 4361 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 1323, in which case Section 3 of this bill shall not become operative.
(a)The judge or magistrate may, either on motion of the court or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal shall be stated orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or in any case in which the proceedings are not being recorded electronically or reported by a court reporter. A dismissal shall not be made for any cause that would be ground of demurrer to the accusatory pleading.
(b)(1)If the court has the authority pursuant to subdivision (a) to strike or dismiss an enhancement, the court may instead strike the additional punishment for that enhancement in the furtherance of justice in compliance with subdivision (a).
(2)This subdivision does not authorize the court to strike the additional punishment for any enhancement that cannot be stricken or dismissed pursuant to subdivision (a).
(c)(1)Notwithstanding any other law, the court shall dismiss an enhancement if it is in the furtherance of justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute.
(2)In exercising its discretion under this subdivision, the court shall consider and afford great weight to evidence offered by the defendant to prove that any of the mitigating circumstances in subparagraphs (A) to (I) are present. Proof of the presence of one or more of these circumstances weighs greatly in favor of dismissing the enhancement, unless the court finds that dismissal of the enhancement would endanger public safety. Endanger public safety means there is a likelihood that the dismissal of the enhancement would result in physical injury or other serious danger to others.
(A)Application of the enhancement would result in a discriminatory racial impact as described in paragraph (4) of subdivision (a) of Section 745.
(B)Multiple enhancements are alleged in a single case. In this instance, all enhancements beyond a single enhancement shall be dismissed.
(C)The application of an enhancement could result in a sentence of over 20 years. In this instance, the enhancement shall be dismissed.
(D)The current offense is connected to mental illness.
(E)The current offense is connected to prior victimization or childhood trauma.
(F)The current offense is not a violent felony as defined in subdivision (c) of Section 667.5.
(G)The defendant was a juvenile when they committed the current offense or any prior offenses, including criminal convictions and juvenile adjudications, that trigger the enhancement or enhancements applied in the current case.
(H)The enhancement is based on a prior conviction that is over five years old.
(I)Though a firearm was used in the current offense, it was inoperable or unloaded.
(3)While the court may exercise its discretion at sentencing, this subdivision does not prevent a court from exercising its discretion before, during, or after trial or entry of plea.
(4)The circumstances listed in paragraph (2) are not exclusive and the court maintains authority to dismiss or strike an enhancement in accordance with subdivision (a).
(5)For the purposes of subparagraph (D) of paragraph (2), a mental illness is a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder but excluding antisocial personality disorder and pedophilia. A court may conclude that a defendants mental illness was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, statements by the defendants mental health treatment provider, medical records, records or reports by qualified medical experts, or evidence that the defendant displayed symptoms consistent with the relevant mental disorder at or near the time of the offense, the court concludes that the defendants mental illness substantially contributed to the defendants involvement in the commission of the offense.
(6)For the purposes of this subdivision, the following terms have the following meanings:
(A)Childhood trauma means that as a minor the person experienced physical, emotional, or sexual abuse, physical or emotional neglect. A court may conclude that a defendants childhood trauma was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, medical records, or records or reports by qualified medical experts, the court concludes that the defendants childhood trauma substantially contributed to the defendants involvement in the commission of the offense.
(B)Prior victimization means the person was a victim of intimate partner violence, sexual violence, or human trafficking, or the person has experienced psychological or physical trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence. A court may conclude that a defendants prior victimization was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, medical records, or records or reports by qualified medical experts, the court concludes that the defendants prior victimization substantially contributed to the defendants involvement in the commission of the offense.
(7)This subdivision shall apply to all sentencings occurring after January 1, 2022.
SEC. 2.Section 4336 of the Welfare and Institutions Code is amended to read:4336.(a)As used in this section, department means the State Department of State Hospitals.
(b)(1)The department shall implement a growth cap program for all counties for individuals committed pursuant to Section 1370 of the Penal Code. The department shall charge counties penalty payments as described in this subdivision to implement the growth cap program.
(2)The baseline number of individuals determined to be incompetent to stand trial on felony charges for each county shall be the number of felony incompetency determinations made in the 202122 fiscal year for each county. For any county with zero felony incompetency to stand trial determinations in the 202122 fiscal year, the baseline shall be set at one individual.
(3)(A)Commencing with the 202223 fiscal year and each fiscal year thereafter, for each felony incompetent to stand trial determination that exceeds the baseline number identified in paragraph (2), a county shall pay the penalty amount described in subparagraph (C).
(B)The department shall reconcile the total county incompetent to stand trial determinations against the baseline by September 30 each year.
(C)Calculations shall be based on the published per individual rate set forth by the department for state hospital treatment for individuals found incompetent to stand trial on a felony charge, as follows:
(i)Each county shall make penalty payments equivalent to 50 percent of the rate for the 5th, 6th, and 7th individual felony incompetent to stand trial determinations over the baseline, 75 percent of the rate for the 8th and 9th individual felony incompetent to stand trial determinations over the baseline, and 100 percent of the rate for the 10th and all subsequent felony incompetent to stand trial determinations over the baseline.
(ii)(I)Commencing with the 202627 fiscal year and each fiscal year thereafter, a county with a felony mental health diversion or community-based restoration contract with the department shall, for the third and any subsequent individual felony incompetent to stand trial determinations over the baseline, make penalty payments equivalent to 100 percent of the rate.
(II)Commencing with the 202627 fiscal year and each fiscal year thereafter, any county without a felony mental health diversion or community-based restoration contract with the department shall, for the third and any subsequent individual felony incompetent to stand trial determinations over the baseline, make penalty payments equivalent to 150 percent of the rate.
(D)Commencing with the 202223 fiscal year, the department shall periodically notify the superior court and relevant county agencies of each county, including, but not limited to, the county administrator, behavioral health department, sheriff, public defender, and district attorney of the total number of felony incompetent to stand trial determinations made in that county for the current fiscal year compared to the baseline determination for that county.
(E)Commencing with the 202324 fiscal year, each county shall remit payment to the department in an amount equal to the amount identified in the invoice issued to the county administrator or their designee by the department. The penalty payment shall be due no later than 90 days after the date that the invoice is received by the county. The penalty funds shall be collected as revenue by the department and deposited by the Controller into the Mental Health Diversion Fund, created pursuant to subdivision (c).
(F)A county may pay these penalty payments from any local funding source available, including funds received by the county through contracts issued by the department to the county for purposes of serving the felony incompetent to stand trial population.
(G)Commencing with the 202324 fiscal year, and each fiscal year thereafter, notwithstanding any other budgetary or accounting requirements, the department shall make the final determination of the proper budgeting and accounting of the penalties received, deposited, and disbursed from the Mental Health Diversion Fund to each county as appropriate.
(c)(1)The Mental Health Diversion Fund is hereby created in the State Treasury. The fund shall receive penalty payments from each county as collected by the department pursuant to this section. All moneys in the fund are reserved and continuously appropriated, without regard to fiscal years. The funds collected in the fund shall be used for the purpose of supporting county activities that will divert individuals with serious mental illnesses away from the criminal justice system and lead to the reduction of felony incompetent to stand trial determinations.
(2)Activities supported by the funds collected in the Mental Health Diversion Fund shall include one or more of the following:
(A)Prebooking mental health diversion to serve those with serious mental illness and prevent their felony arrest. The target population that shall be served are individuals demonstrating psychosis manifesting as hallucinations, delusions, disorganized thoughts, or disorganized behavior at the time of the interaction.
(B)Postbooking mental health diversion to serve those with serious mental illness and who are likely to be found incompetent to stand trial, to prevent the incompetent to stand trial determination and divert the individual from incarceration. The target population that shall be served are individuals diagnosed with a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, and schizoaffective disorder but excluding a primary diagnosis of antisocial personality disorder and pedophilia, and who are presenting non-substance-induced psychotic symptoms.
(C)Reentry services and support to serve those who have been restored to competency following a felony incompetent to stand trial commitment and directly released to the community from jail.
(d)(1)Beginning in the 202425 fiscal year, each county that has received funds from the Mental Health Diversion Fund shall submit an annual report to the department, on or before October 1 of each fiscal year, identifying how funds were used in the prior fiscal year.
(2)The department shall, by no later than July 1, 2024, publish an administrative letter to counties outlining the required form and content of the report.
(3)Annual reports submitted by each county subject to this section shall include, without limitation, the number of individuals served, the services and support provided, and the projected impact to the number of felony incompetent to stand trial determinations by the county.
(e)Commencing with the 202324 fiscal year, and each fiscal year thereafter, the department shall submit a schedule to the Controller of disbursements of funds from the Mental Health Diversion Fund to each county. Disbursements for each county shall equal the amount of county payments made to the department in accordance with subdivision (b).
(f)Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section by means of a departmental letter or other similar instruction, as necessary.
SEC. 3.Section 4361 of the Welfare and Institutions Code is amended to read:4361.(a)As used in this section, department means the State Department of State Hospitals.(b)The purpose of this chapter is to, subject to appropriation by the Legislature, promote the diversion of individuals with serious mental disorders as prescribed in Chapter 2.8A (commencing with Section 1001.35) of Title 6 of Part 2 of the Penal Code, and to assist counties in providing diversion for individuals with serious mental illnesses who have been found incompetent to stand trial and committed to the department for restoration of competency. In implementing this chapter, the department shall consider local discretion and flexibility in diversion activities that meet the communitys needs and provide for the safe and effective treatment of individuals with serious mental disorders across a continuum of care.(c)(1)Subject to appropriation by the Legislature, the department may solicit proposals from, and may contract with, a county to help fund the development or expansion of pretrial diversion described in Chapter 2.8A (commencing with Section 1001.35) of Title 6 of Part 2 of the Penal Code, for the population described in subdivision (b) and that meets all of the following criteria:(A)Participants are individuals diagnosed with a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, and schizoaffective disorder, but excluding a primary diagnosis of antisocial personality disorder and pedophilia, and who are presenting non-substance-induced psychotic symptoms, who have been found incompetent to stand trial pursuant to clause (iv) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 1370 of the Penal Code.(B)There is a significant relationship between the individuals serious mental disorder and the charged offense, or between the individuals conditions of homelessness and the charged offense.(C)The individual does not pose an unreasonable risk of danger to public safety, as defined in Section 1170.18 of the Penal Code, if treated in the community.(2)A county submitting a proposal for funding under this chapter shall designate a lead entity to apply for the funds. This lead entity shall show in its proposal that it has support from other county entities or other relevant entities, including courts, that are necessary to provide successful diversion of individuals under the contract.(d)When evaluating proposals from the county, the department, in consultation with the Council on Criminal Justice and Behavioral Health within the Department of Corrections and Rehabilitation, shall prioritize proposals that demonstrate all of the following:(1)Provision of clinically appropriate or evidence-based mental health treatment and wraparound services across a continuum of care, as appropriate, to meet the individual needs of the diversion participant. For purposes of this section, wraparound services means services provided in addition to the mental health treatment necessary to meet the individuals needs for successfully managing the individuals mental health symptoms and to successfully live in the community. Wraparound services provided by the diversion program shall include appropriate housing, intensive case management, and substance use disorder treatment, and may include, without limitation, forensic assertive community treatment teams, crisis residential services, criminal justice coordination, peer support, and vocational support.(2)Collaboration between community stakeholders and other partner government agencies in the diversion of individuals with serious mental disorders.(3)Connection of individuals to services in the community after they have completed diversion as provided in this chapter.(e)The department may also provide funding in the contract with the county, subject to appropriation by the Legislature, to cover the cost of providing postbooking assessment of defendants who are likely to be found incompetent to stand trial on felony charges to determine whether the defendant would benefit from diversion as included in the contract.(f)The department may also provide funding in the contract with the county, subject to appropriation by the Legislature, to cover the cost of in-jail treatment prior to the placement in the community for up to an average of 15 days for defendants who have been approved by the court for diversion as included in the contract.(g)A county contracted pursuant to this chapter shall report data and outcomes to the department, within 30 days after the end of each quarter, regarding those individuals targeted by the contract and in the program. This subdivision does not preclude the department from specifying reporting formats or from modifying, reducing, or adding data elements or outcome measures from a contracting county, as needed to provide for reporting of effective data and outcome measures. Notwithstanding any other law, but only to the extent not prohibited by federal law, the county shall provide specific patient information to the department for reporting purposes. The patient information is confidential and is not open to public inspection. A contracting county shall, at a minimum, report all of the following:(1)The number of individuals that the court ordered to postbooking diversion and the length of time for which the defendant has been ordered to diversion.(2)The number of individuals participating in diversion.(3)The name, social security number, criminal identification and information (CII) number, date of birth, and demographics of each individual participating in the program. This information is confidential and is not open to public inspection.(4)The length of time in diversion for each participating individual. This information is confidential and is not open to public inspection.(5)The types of services and supports provided to each individual participating in diversion. This information is confidential and is not open to public inspection.(6)The number of days each individual was in jail prior to placement in diversion. This information is confidential and is not open to public inspection.(7)The number of days that each individual spent in each level of care facility. This information is confidential and is not open to public inspection.(8)The diagnoses of each individual participating in diversion. This information is confidential and is not open to public inspection.(9)The nature and felony or misdemeanor classification of the charges for each individual participating in diversion. This information is confidential and is not open to public inspection.(10)The number of individuals who completed diversion.(11)The name, social security number, CII number, and birth date of each individual who did not complete diversion and the reasons for not completing. This information is confidential and is not open to public inspection.(h)Contracts awarded pursuant to this chapter are exempt from the requirements contained in the Public Contract Code and the State Administrative Manual and are not subject to approval by the Department of General Services.(i)The funds shall not be used to supplant existing services or services reimbursable from an available source but rather to expand upon them or support new services for which existing reimbursement may be limited.(j)(1)Beginning July 1, 2021, subject to appropriation by the Legislature, the department may amend contracts with a county to fund the expansion of an existing department-funded pretrial diversion as described in Chapter 2.8A (commencing with Section 1001.35) of Title 6 of Part 2 of the Penal Code, for the population described in subdivision (b) and that meets both of the following criteria:(A)All participants identified for potential diversion are found incompetent to stand trial on a felony charge.(B)Participants diverted through a program expansion suffer from a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, excluding antisocial personality disorder, borderline personality disorder, and pedophilia.(2)Counties expanding their programs under this section will not be required to meet any additional match funding requirements.(k)Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the state hospitals and the department may implement, interpret, or make specific this section by means of a departmental letter or other similar instruction, as necessary.(l)The department shall have access to the arrest records and state summary of criminal history of defendants who are participating or have participated in the diversion program. The information may be used solely for the purpose of looking at the recidivism rate for those patients.(m)If the defendant is committed directly to a county program in lieu of commitment to the department, counties shall provide the minute order from the court documenting the incompetent to stand trial finding on a felony charge and the original alienist evaluation associated with that finding.(n)For department-funded diversion programs funded through appropriations made by the Budget Act of 2018 or new county programs funded through the Budget Act of 2021, participants in those county programs may include individuals diagnosed with schizophrenia, schizoaffective disorder, or bipolar disorder, who are likely to be found incompetent to stand trial for felony charges, pursuant to Section 1368 of the Penal Code, or who have been found incompetent to stand trial pursuant to clause (iv) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 1370 of the Penal Code, until new funds are dispersed to the county. Counties shall continue to comply with all terms of the contract signed with the department, including matching fund and data reporting requirements.SEC. 3.Section 4361 of the Welfare and Institutions Code is amended to read:4361.(a)As used in this section, department means the State Department of State Hospitals.
(b)The purpose of this chapter is to, subject to appropriation by the Legislature, promote the diversion of individuals with serious mental disorders as prescribed in Chapter 2.8A (commencing with Section 1001.35) of Title 6 of Part 2 of the Penal Code, and to assist counties in providing diversion for individuals with serious mental illnesses who have been found incompetent to stand trial and committed to the department for restoration of competency. In implementing this chapter, the department shall consider local discretion and flexibility in diversion activities that meet the communitys needs and provide for the safe and effective treatment of individuals with serious mental disorders across a continuum of care.
(c)(1)Subject to appropriation by the Legislature, the department may solicit proposals from, and may contract with, a county to help fund the development or expansion of pretrial diversion described in Chapter 2.8A (commencing with Section 1001.35) of Title 6 of Part 2 of the Penal Code, for the population described in subdivision (b) and that meets all of the following criteria:
(A)Participants are individuals diagnosed with a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, and schizoaffective disorder, but excluding a primary diagnosis of antisocial personality disorder, borderline personality disorder, disorder and pedophilia, and who are presenting non-substance-induced psychotic symptoms, who have been found incompetent to stand trial pursuant to clause (iv) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 1370 of the Penal Code.
(B)There is a significant relationship between the individuals serious mental disorder and the charged offense, or between the individuals conditions of homelessness and the charged offense.
(C)The individual does not pose an unreasonable risk of danger to public safety, as defined in Section 1170.18 of the Penal Code, if treated in the community.
(2)A county submitting a proposal for funding under this chapter shall designate a lead entity to apply for the funds. This lead entity shall show in its proposal that it has support from other county entities or other relevant entities, including courts, that are necessary to provide successful diversion of individuals under the contract.
(d)When evaluating proposals from the county, the department, in consultation with the Council on Criminal Justice and Behavioral Health within the Department of Corrections and Rehabilitation, shall prioritize proposals that demonstrate all of the following:
(1)Provision of clinically appropriate or evidence-based mental health treatment and wraparound services across a continuum of care, as appropriate, to meet the individual needs of the diversion participant. For purposes of this section, wraparound services means services provided in addition to the mental health treatment necessary to meet the individuals needs for successfully managing the individuals mental health symptoms and to successfully live in the community. Wraparound services provided by the diversion program shall include appropriate housing, intensive case management, and substance use disorder treatment, and may include, without limitation, forensic assertive community treatment teams, crisis residential services, criminal justice coordination, peer support, and vocational support.
(2)Collaboration between community stakeholders and other partner government agencies in the diversion of individuals with serious mental disorders.
(3)Connection of individuals to services in the community after they have completed diversion as provided in this chapter.
(e)The department may also provide funding in the contract with the county, subject to appropriation by the Legislature, to cover the cost of providing postbooking assessment of defendants who are likely to be found incompetent to stand trial on felony charges to determine whether the defendant would benefit from diversion as included in the contract.
(f)The department may also provide funding in the contract with the county, subject to appropriation by the Legislature, to cover the cost of in-jail treatment prior to the placement in the community for up to an average of 15 days for defendants who have been approved by the court for diversion as included in the contract.
(g)A county contracted pursuant to this chapter shall report data and outcomes to the department, within 30 days after the end of each month, regarding those individuals targeted by the contract and in the program. This subdivision does not preclude the department from specifying reporting formats or from modifying, reducing, or adding data elements or outcome measures from a contracting county, as needed to provide for reporting of effective data and outcome measures. Notwithstanding any other law, but only to the extent not prohibited by federal law, the county shall provide specific patient information to the department for reporting purposes. The patient information is confidential and is not open to public inspection. A contracting county shall, at a minimum, report all of the following:
(1)The number of individuals that the court ordered to postbooking diversion and the length of time for which the defendant has been ordered to diversion.
(2)The number of individuals participating in diversion.
(3)The name, social security number, criminal identification and information (CII) number, date of birth, and demographics of each individual participating in the program. This information is confidential and is not open to public inspection.
(4)The length of time in diversion for each participating individual. This information is confidential and is not open to public inspection.
(5)The types of services and supports provided to each individual participating in diversion. This information is confidential and is not open to public inspection.
(6)The number of days each individual was in jail prior to placement in diversion. This information is confidential and is not open to public inspection.
(7)The number of days that each individual spent in each level of care facility. This information is confidential and is not open to public inspection.
(8)The diagnoses of each individual participating in diversion. This information is confidential and is not open to public inspection.
(9)The nature and felony or misdemeanor classification of the charges for each individual participating in diversion. This information is confidential and is not open to public inspection.
(10)The number of individuals who completed diversion.
(11)The name, social security number, CII number, and birth date of each individual who did not complete diversion and the reasons for not completing. This information is confidential and is not open to public inspection.
(h)Contracts awarded pursuant to this chapter are exempt from the requirements contained in the Public Contract Code and the State Administrative Manual and are not subject to approval by the Department of General Services.
(i)The funds shall not be used to supplant existing services or services reimbursable from an available source but rather to expand upon them or support new services for which existing reimbursement may be limited.
(j)(1)Beginning July 1, 2021, subject to appropriation by the Legislature, the department may amend contracts with a county to fund the expansion of an existing department-funded pretrial diversion as described in Chapter 2.8A (commencing with Section 1001.35) of Title 6 of Part 2 of the Penal Code, for the population described in subdivision (b) and that meets both of the following criteria:
(A)All participants identified for potential diversion are found incompetent to stand trial on a felony charge.
(B)Participants diverted through a program expansion suffer from a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, excluding antisocial personality disorder, borderline personality disorder, and pedophilia.
(2)Counties expanding their programs under this section will not be required to meet any additional match funding requirements.
(k)Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the state hospitals and the department may implement, interpret, or make specific this section by means of a departmental letter or other similar instruction, as necessary.
(l)The department shall have access to the arrest records and state summary of criminal history of defendants who are participating or have participated in the diversion program. The information may be used solely for the purpose of looking at the recidivism rate for those patients.
(m)If the defendant is committed directly to a county program in lieu of commitment to the department, counties shall provide the minute order from the court documenting the incompetent to stand trial finding on a felony charge and the original alienist evaluation associated with that finding.
(n)For department-funded diversion programs funded through appropriations made by the Budget Act of 2018 or new county programs funded through the Budget Act of 2021, participants in those county programs may include individuals diagnosed with schizophrenia, schizoaffective disorder, or bipolar disorder, who are likely to be found incompetent to stand trial for felony charges, pursuant to Section 1368 of the Penal Code, or who have been found incompetent to stand trial pursuant to clause (iv) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 1370 of the Penal Code, until new funds are dispersed to the county. Counties shall continue to comply with all terms of the contract signed with the department, including matching fund and data reporting requirements.
SEC. 3.5.Section 4361 of the Welfare and Institutions Code is amended to read:4361.(a)As used in this section, department means the State Department of State Hospitals.
(b)The purpose of this chapter is to, subject to appropriation by the Legislature, promote the diversion of individuals with serious mental disorders as prescribed in Chapter 2.8A (commencing with Section 1001.35) of Title 6 of Part 2 of the Penal Code, and to assist counties in providing diversion for individuals with serious mental illnesses who have been found incompetent to stand trial and committed to the department for restoration of competency. for a felony charge. In implementing this chapter, the department shall consider local discretion and flexibility in diversion activities that meet the communitys needs and provide for the safe and effective treatment of individuals with serious mental disorders across a continuum of care.
(c)(1)Subject to appropriation by the Legislature, the department may solicit proposals from, and may contract with, a county to help fund the development or expansion of pretrial diversion described in Chapter 2.8A (commencing with Section 1001.35) of Title 6 of Part 2 of the Penal Code, for the population described in subdivision (b) and that meets all of the following criteria:
(A)Participants are individuals diagnosed with a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, and schizoaffective disorder, but excluding a primary diagnosis of antisocial personality disorder, borderline personality disorder, disorder and pedophilia, and who are presenting non-substance-induced psychotic symptoms, who have been found incompetent to stand trial pursuant to clause (iv) (v) of subparagraph (B) (C) of paragraph (1) of subdivision (a) of Section 1370 of the Penal Code.
(B)There is a significant relationship between the individuals serious mental disorder and the charged offense, or between the individuals conditions of homelessness and the charged offense.
(C)The individual does not pose an unreasonable risk of danger to public safety, as defined in Section 1170.18 of the Penal Code, if treated in the community.
(2)A county submitting a proposal for funding under this chapter shall designate a lead entity to apply for the funds. This lead entity shall show in its proposal that it has support from other county entities or other relevant entities, including courts, that are necessary to provide successful diversion of individuals under the contract.
(d)When evaluating proposals from the county, the department, in consultation with the Council on Criminal Justice and Behavioral Health within the Department of Corrections and Rehabilitation, shall prioritize proposals that demonstrate all of the following:
(1)Provision of clinically appropriate or evidence-based mental health treatment and wraparound services across a continuum of care, as appropriate, to meet the individual needs of the diversion participant. For purposes of this section, wraparound services means services provided in addition to the mental health treatment necessary to meet the individuals needs for successfully managing the individuals mental health symptoms and to successfully live in the community. Wraparound services provided by the diversion program shall include appropriate housing, intensive case management, and substance use disorder treatment, and may include, without limitation, forensic assertive community treatment teams, crisis residential services, criminal justice coordination, peer support, and vocational support.
(2)Collaboration between community stakeholders and other partner government agencies in the diversion of individuals with serious mental disorders.
(3)Connection of individuals to services in the community after they have completed diversion as provided in this chapter.
(e)The department may also provide funding in the contract with the county, subject to appropriation by the Legislature, to cover the cost of providing postbooking assessment of defendants who are likely to be found incompetent to stand trial on felony charges to determine whether the defendant would benefit from diversion as included in the contract.
(f)The department may also provide funding in the contract with the county, subject to appropriation by the Legislature, to cover the cost of in-jail treatment prior to the placement in the community for up to an average of 15 days for defendants who have been approved by the court for diversion as included in the contract.
(g)A county contracted pursuant to this chapter shall report data and outcomes to the department, within 30 days after the end of each month, regarding those individuals targeted by the contract and in the program. This subdivision does not preclude the department from specifying reporting formats or from modifying, reducing, or adding data elements or outcome measures from a contracting county, as needed to provide for reporting of effective data and outcome measures. Notwithstanding any other law, but only to the extent not prohibited by federal law, the county shall provide specific patient information to the department for reporting purposes. The patient information is confidential and is not open to public inspection. A contracting county shall, at a minimum, report all of the following:
(1)The number of individuals that the court ordered to postbooking diversion and the length of time for which the defendant has been ordered to diversion.
(2)The number of individuals participating in diversion.
(3)The name, social security number, criminal identification and information (CII) number, date of birth, and demographics of each individual participating in the program. This information is confidential and is not open to public inspection.
(4)The length of time in diversion for each participating individual. This information is confidential and is not open to public inspection.
(5)The types of services and supports provided to each individual participating in diversion. This information is confidential and is not open to public inspection.
(6)The number of days each individual was in jail prior to placement in diversion. This information is confidential and is not open to public inspection.
(7)The number of days that each individual spent in each level of care facility. This information is confidential and is not open to public inspection.
(8)The diagnoses of each individual participating in diversion. This information is confidential and is not open to public inspection.
(9)The nature and felony or misdemeanor classification of the charges for each individual participating in diversion. This information is confidential and is not open to public inspection.
(10)The number of individuals who completed diversion.
(11)The name, social security number, CII number, and birth date of each individual who did not complete diversion and the reasons for not completing. This information is confidential and is not open to public inspection.
(h)Contracts awarded pursuant to this chapter are exempt from the requirements contained in the Public Contract Code and the State Administrative Manual and are not subject to approval by the Department of General Services.
(i)The funds shall not be used to supplant existing services or services reimbursable from an available source but rather to expand upon them or support new services for which existing reimbursement may be limited.
(j)(1)Beginning July 1, 2021, subject to appropriation by the Legislature, the department may amend contracts with a county to fund the expansion of an existing department-funded pretrial diversion as described in Chapter 2.8A (commencing with Section 1001.35) of Title 6 of Part 2 of the Penal Code, for the population described in subdivision (b) and that meets both of the following criteria:
(A)All participants identified for potential diversion are found incompetent to stand trial on a felony charge.
(B)Participants diverted through a program expansion suffer from a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, excluding antisocial personality disorder, borderline personality disorder, and pedophilia.
(2)Counties expanding their programs under this section will not be required to meet any additional match funding requirements.
(k)Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the state hospitals and the department may implement, interpret, or make specific this section by means of a departmental letter or other similar instruction, as necessary.
(l)The department shall have access to the arrest records and state summary of criminal history of defendants who are participating or have participated in the diversion program. The information may be used solely for the purpose of looking at the recidivism rate for those patients.
(m)If the defendant is committed directly to a county program in lieu of commitment to the department, counties shall provide the minute order from the court documenting the incompetent to stand trial finding on a felony charge and the original alienist evaluation associated with that finding.
(n)For department-funded diversion programs funded through appropriations made by the Budget Act of 2018 or new county programs funded through the Budget Act of 2021, participants in those county programs may include individuals diagnosed with schizophrenia, schizoaffective disorder, or bipolar disorder, who are likely to be found incompetent to stand trial for felony charges, pursuant to Section 1368 of the Penal Code, or who have been found incompetent to stand trial pursuant to clause (iv) (v) of subparagraph (B) (C) of paragraph (1) of subdivision (a) of Section 1370 of the Penal Code, until new funds are dispersed to the county. Counties shall continue to comply with all terms of the contract signed with the department, including matching fund and data reporting requirements.
SEC. 4.Section 3.5 of this bill incorporates amendments to Section 4361 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 1323. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 4361 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 1323, in which case Section 3 of this bill shall not become operative.
(a)The judge or magistrate may, either on motion of the court or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal shall be stated orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or in any case in which the proceedings are not being recorded electronically or reported by a court reporter. A dismissal shall not be made for any cause that would be ground of demurrer to the accusatory pleading.
(b)(1)If the court has the authority pursuant to subdivision (a) to strike or dismiss an enhancement, the court may instead strike the additional punishment for that enhancement in the furtherance of justice in compliance with subdivision (a).
(2)This subdivision does not authorize the court to strike the additional punishment for any enhancement that cannot be stricken or dismissed pursuant to subdivision (a).
(c)(1)Notwithstanding any other law, the court shall dismiss an enhancement if it is in the furtherance of justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute.
(2)In exercising its discretion under this subdivision, the court shall consider and afford great weight to evidence offered by the defendant to prove that any of the mitigating circumstances in subparagraphs (A) to (I) are present. Proof of the presence of one or more of these circumstances weighs greatly in favor of dismissing the enhancement, unless the court finds that dismissal of the enhancement would endanger public safety. Endanger public safety means there is a likelihood that the dismissal of the enhancement would result in physical injury or other serious danger to others.
(A)Application of the enhancement would result in a discriminatory racial impact as described in paragraph (4) of subdivision (a) of Section 745.
(B)Multiple enhancements are alleged in a single case. In this instance, all enhancements beyond a single enhancement shall be dismissed.
(C)The application of an enhancement could result in a sentence of over 20 years. In this instance, the enhancement shall be dismissed.
(D)The current offense is connected to mental illness.
(E)The current offense is connected to prior victimization or childhood trauma.
(F)The current offense is not a violent felony as defined in subdivision (c) of Section 667.5.
(G)The defendant was a juvenile when they committed the current offense or any prior offenses, including criminal convictions and juvenile adjudications, that trigger the enhancement or enhancements applied in the current case.
(H)The enhancement is based on a prior conviction that is over five years old.
(I)Though a firearm was used in the current offense, it was inoperable or unloaded.
(3)While the court may exercise its discretion at sentencing, this subdivision does not prevent a court from exercising its discretion before, during, or after trial or entry of plea.
(4)The circumstances listed in paragraph (2) are not exclusive and the court maintains authority to dismiss or strike an enhancement in accordance with subdivision (a).
(5)For the purposes of subparagraph (D) of paragraph (2), a mental illness is a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder but excluding antisocial personality disorder, borderline personality disorder, disorder and pedophilia. A court may conclude that a defendants mental illness was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, statements by the defendants mental health treatment provider, medical records, records or reports by qualified medical experts, or evidence that the defendant displayed symptoms consistent with the relevant mental disorder at or near the time of the offense, the court concludes that the defendants mental illness substantially contributed to the defendants involvement in the commission of the offense.
(6)For the purposes of this subdivision, the following terms have the following meanings:
(A)Childhood trauma means that as a minor the person experienced physical, emotional, or sexual abuse, physical or emotional neglect. A court may conclude that a defendants childhood trauma was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, medical records, or records or reports by qualified medical experts, the court concludes that the defendants childhood trauma substantially contributed to the defendants involvement in the commission of the offense.
(B)Prior victimization means the person was a victim of intimate partner violence, sexual violence, or human trafficking, or the person has experienced psychological or physical trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence. A court may conclude that a defendants prior victimization was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, medical records, or records or reports by qualified medical experts, the court concludes that the defendants prior victimization substantially contributed to the defendants involvement in the commission of the offense.
(7)This subdivision shall apply to all sentencings occurring after January 1, 2022.
SEC. 2.Section 4336 of the Welfare and Institutions Code is amended to read:4336.(a)As used in this section, department means the State Department of State Hospitals.
(b)(1)The department shall implement a growth cap program for all counties for individuals committed pursuant to Section 1370 of the Penal Code. The department shall charge counties penalty payments as described in this subdivision to implement the growth cap program.
(2)The baseline number of individuals determined to be incompetent to stand trial on felony charges for each county shall be the number of felony incompetency determinations made in the 202122 fiscal year for each county. For any county with zero felony incompetency to stand trial determinations in the 202122 fiscal year, the baseline shall be set at one individual.
(3)(A)Commencing with the 202223 fiscal year and each fiscal year thereafter, for each felony incompetent to stand trial determination that exceeds the baseline number identified in paragraph (2), a county shall pay the penalty amount described in subparagraph (C).
(B)The department shall reconcile the total county incompetent to stand trial determinations against the baseline by September 30 each year.
(C)Calculations shall be based on the published per individual rate set forth by the department for state hospital treatment for individuals found incompetent to stand trial on a felony charge, as follows:
(i)Each county shall make penalty payments equivalent to 50 percent of the rate for the 5th, 6th, and 7th individual felony incompetent to stand trial determinations over the baseline, 75 percent of the rate for the 8th and 9th individual felony incompetent to stand trial determinations over the baseline, and 100 percent of the rate for the 10th and all subsequent felony incompetent to stand trial determinations over the baseline.
(ii)(I)Commencing with the 202627 fiscal year and each fiscal year thereafter, a county with a felony mental health diversion or community-based restoration contract with the department shall, for the third and any subsequent individual felony incompetent to stand trial determinations over the baseline, make penalty payments equivalent to 100 percent of the rate.
(II)Commencing with the 202627 fiscal year and each fiscal year thereafter, any county without a felony mental health diversion or community-based restoration contract with the department shall, for the third and any subsequent individual felony incompetent to stand trial determinations over the baseline, make penalty payments equivalent to 150 percent of the rate.
(D)Commencing with the 202223 fiscal year, the department shall periodically notify the superior court and relevant county agencies of each county, including, but not limited to, the county administrator, behavioral health department, sheriff, public defender, and district attorney of the total number of felony incompetent to stand trial determinations made in that county for the current fiscal year compared to the baseline determination for that county.
(E)Commencing with the 202324 fiscal year, each county shall remit payment to the department in an amount equal to the amount identified in the invoice issued to the county administrator or their designee by the department. The penalty payment shall be due no later than 90 days after the date that the invoice is received by the county. The penalty funds shall be collected as revenue by the department and deposited by the Controller into the Mental Health Diversion Fund, created pursuant to subdivision (c).
(F)A county may pay these penalty payments from any local funding source available, including funds received by the county through contracts issued by the department to the county for purposes of serving the felony incompetent to stand trial population.
(G)Commencing with the 202324 fiscal year, and each fiscal year thereafter, notwithstanding any other budgetary or accounting requirements, the department shall make the final determination of the proper budgeting and accounting of the penalties received, deposited, and disbursed from the Mental Health Diversion Fund to each county as appropriate.
(c)(1)The Mental Health Diversion Fund is hereby created in the State Treasury. The fund shall receive penalty payments from each county as collected by the department pursuant to this section. All moneys in the fund are reserved and continuously appropriated, without regard to fiscal years. The funds collected in the fund shall be used for the purpose of supporting county activities that will divert individuals with serious mental illnesses away from the criminal justice system and lead to the reduction of felony incompetent to stand trial determinations.
(2)Activities supported by the funds collected in the Mental Health Diversion Fund shall include one or more of the following:
(A)Prebooking mental health diversion to serve those with serious mental illness and prevent their felony arrest. The target population that shall be served are individuals demonstrating psychosis manifesting as hallucinations, delusions, disorganized thoughts, or disorganized behavior at the time of the interaction.
(B)Postbooking mental health diversion to serve those with serious mental illness and who are likely to be found incompetent to stand trial, to prevent the incompetent to stand trial determination and divert the individual from incarceration. The target population that shall be served are individuals diagnosed with a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, and schizoaffective disorder but excluding a primary diagnosis of antisocial personality disorder, borderline personality disorder, disorder and pedophilia, and who are presenting non-substance-induced psychotic symptoms.
(C)Reentry services and support to serve those who have been restored to competency following a felony incompetent to stand trial commitment and directly released to the community from jail.
(d)(1)Beginning in the 202425 fiscal year, each county that has received funds from the Mental Health Diversion Fund shall submit an annual report to the department, on or before October 1 of each fiscal year, identifying how funds were used in the prior fiscal year.
(2)The department shall, by no later than July 1, 2024, publish an administrative letter to counties outlining the required form and content of the report.
(3)Annual reports submitted by each county subject to this section shall include, without limitation, the number of individuals served, the services and support provided, and the projected impact to the number of felony incompetent to stand trial determinations by the county.
(e)Commencing with the 202324 fiscal year, and each fiscal year thereafter, the department shall submit a schedule to the Controller of disbursements of funds from the Mental Health Diversion Fund to each county. Disbursements for each county shall equal the amount of county payments made to the department in accordance with subdivision (b).
(f)Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section by means of a departmental letter or other similar instruction, as necessary.
SEC. 3.Section 4361 of the Welfare and Institutions Code is amended to read:4361.(a)As used in this section, department means the State Department of State Hospitals.
(b)The purpose of this chapter is to, subject to appropriation by the Legislature, promote the diversion of individuals with serious mental disorders as prescribed in Chapter 2.8A (commencing with Section 1001.35) of Title 6 of Part 2 of the Penal Code, and to assist counties in providing diversion for individuals with serious mental illnesses who have been found incompetent to stand trial and committed to the department for restoration of competency. In implementing this chapter, the department shall consider local discretion and flexibility in diversion activities that meet the communitys needs and provide for the safe and effective treatment of individuals with serious mental disorders across a continuum of care.
(c)(1)Subject to appropriation by the Legislature, the department may solicit proposals from, and may contract with, a county to help fund the development or expansion of pretrial diversion described in Chapter 2.8A (commencing with Section 1001.35) of Title 6 of Part 2 of the Penal Code, for the population described in subdivision (b) and that meets all of the following criteria:
(A)Participants are individuals diagnosed with a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, and schizoaffective disorder, but excluding a primary diagnosis of antisocial personality disorder, borderline personality disorder, disorder and pedophilia, and who are presenting non-substance-induced psychotic symptoms, who have been found incompetent to stand trial pursuant to clause (iv) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 1370 of the Penal Code.
(B)There is a significant relationship between the individuals serious mental disorder and the charged offense, or between the individuals conditions of homelessness and the charged offense.
(C)The individual does not pose an unreasonable risk of danger to public safety, as defined in Section 1170.18 of the Penal Code, if treated in the community.
(2)A county submitting a proposal for funding under this chapter shall designate a lead entity to apply for the funds. This lead entity shall show in its proposal that it has support from other county entities or other relevant entities, including courts, that are necessary to provide successful diversion of individuals under the contract.
(d)When evaluating proposals from the county, the department, in consultation with the Council on Criminal Justice and Behavioral Health within the Department of Corrections and Rehabilitation, shall prioritize proposals that demonstrate all of the following:
(1)Provision of clinically appropriate or evidence-based mental health treatment and wraparound services across a continuum of care, as appropriate, to meet the individual needs of the diversion participant. For purposes of this section, wraparound services means services provided in addition to the mental health treatment necessary to meet the individuals needs for successfully managing the individuals mental health symptoms and to successfully live in the community. Wraparound services provided by the diversion program shall include appropriate housing, intensive case management, and substance use disorder treatment, and may include, without limitation, forensic assertive community treatment teams, crisis residential services, criminal justice coordination, peer support, and vocational support.
(2)Collaboration between community stakeholders and other partner government agencies in the diversion of individuals with serious mental disorders.
(3)Connection of individuals to services in the community after they have completed diversion as provided in this chapter.
(e)The department may also provide funding in the contract with the county, subject to appropriation by the Legislature, to cover the cost of providing postbooking assessment of defendants who are likely to be found incompetent to stand trial on felony charges to determine whether the defendant would benefit from diversion as included in the contract.
(f)The department may also provide funding in the contract with the county, subject to appropriation by the Legislature, to cover the cost of in-jail treatment prior to the placement in the community for up to an average of 15 days for defendants who have been approved by the court for diversion as included in the contract.
(g)A county contracted pursuant to this chapter shall report data and outcomes to the department, within 30 days after the end of each quarter, regarding those individuals targeted by the contract and in the program. This subdivision does not preclude the department from specifying reporting formats or from modifying, reducing, or adding data elements or outcome measures from a contracting county, as needed to provide for reporting of effective data and outcome measures. Notwithstanding any other law, but only to the extent not prohibited by federal law, the county shall provide specific patient information to the department for reporting purposes. The patient information is confidential and is not open to public inspection. A contracting county shall, at a minimum, report all of the following:
(1)The number of individuals that the court ordered to postbooking diversion and the length of time for which the defendant has been ordered to diversion.
(2)The number of individuals participating in diversion.
(3)The name, social security number, criminal identification and information (CII) number, date of birth, and demographics of each individual participating in the program. This information is confidential and is not open to public inspection.
(4)The length of time in diversion for each participating individual. This information is confidential and is not open to public inspection.
(5)The types of services and supports provided to each individual participating in diversion. This information is confidential and is not open to public inspection.
(6)The number of days each individual was in jail prior to placement in diversion. This information is confidential and is not open to public inspection.
(7)The number of days that each individual spent in each level of care facility. This information is confidential and is not open to public inspection.
(8)The diagnoses of each individual participating in diversion. This information is confidential and is not open to public inspection.
(9)The nature and felony or misdemeanor classification of the charges for each individual participating in diversion. This information is confidential and is not open to public inspection.
(10)The number of individuals who completed diversion.
(11)The name, social security number, CII number, and birth date of each individual who did not complete diversion and the reasons for not completing. This information is confidential and is not open to public inspection.
(h)Contracts awarded pursuant to this chapter are exempt from the requirements contained in the Public Contract Code and the State Administrative Manual and are not subject to approval by the Department of General Services.
(i)The funds shall not be used to supplant existing services or services reimbursable from an available source but rather to expand upon them or support new services for which existing reimbursement may be limited.
(j)(1)Beginning July 1, 2021, subject to appropriation by the Legislature, the department may amend contracts with a county to fund the expansion of an existing department-funded pretrial diversion as described in Chapter 2.8A (commencing with Section 1001.35) of Title 6 of Part 2 of the Penal Code, for the population described in subdivision (b) and that meets both of the following criteria:
(A)All participants identified for potential diversion are found incompetent to stand trial on a felony charge.
(B)Participants diverted through a program expansion suffer from a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, excluding antisocial personality disorder, borderline personality disorder, and pedophilia.
(2)Counties expanding their programs under this section will not be required to meet any additional match funding requirements.
(k)Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the state hospitals and the department may implement, interpret, or make specific this section by means of a departmental letter or other similar instruction, as necessary.
(l)The department shall have access to the arrest records and state summary of criminal history of defendants who are participating or have participated in the diversion program. The information may be used solely for the purpose of looking at the recidivism rate for those patients.
(m)If the defendant is committed directly to a county program in lieu of commitment to the department, counties shall provide the minute order from the court documenting the incompetent to stand trial finding on a felony charge and the original alienist evaluation associated with that finding.
(n)For department-funded diversion programs funded through appropriations made by the Budget Act of 2018 or new county programs funded through the Budget Act of 2021, participants in those county programs may include individuals diagnosed with schizophrenia, schizoaffective disorder, or bipolar disorder, who are likely to be found incompetent to stand trial for felony charges, pursuant to Section 1368 of the Penal Code, or who have been found incompetent to stand trial pursuant to clause (iv) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 1370 of the Penal Code, until new funds are dispersed to the county. Counties shall continue to comply with all terms of the contract signed with the department, including matching fund and data reporting requirements.
SECTION 1.Section 3000.01 of the Penal Code is amended to read:3000.01.(a)This section applies to persons released from state prison on or after July 1, 2020, and who are subject to the jurisdiction of, and parole supervision by, the Department of Corrections and Rehabilitation pursuant to Section 3000.08 of the Penal Code.(b)Except as provided in subdivision (d) and notwithstanding any other law, persons described in subdivision (a) shall serve a parole term as follows:(1)Any inmate sentenced to a determinate term shall be released on parole for a period of two years. The inmate shall be reviewed by the Division of Adult Parole Operations for possible discharge from parole no later than 12 months after release from confinement. If at the time of the review the inmate has been on parole continuously for 12 months since release from confinement without a violation and the inmate is not a person required to be treated as described in Section 2962, the inmate shall be discharged from parole.(2)Any inmate sentenced to a life term shall be released on parole for a period of three years. The inmate shall be reviewed by the Division of Adult Parole Operations and referred to the Board of Parole Hearings for possible discharge from parole no later than 12 months after release from confinement. If the Board of Parole Hearings determines the inmate should be retained on parole, the inmate will be reviewed again and referred to the Board of Parole Hearings for possible discharge from parole no later than 24 months after release from confinement.(c)Upon successful completion of parole, or at the end of the maximum statutory period of parole specified in this section, whichever is earlier, the inmate shall be discharged from parole. The date of the maximum statutory period of parole under this section shall be computed from the date of initial parole and shall be a period chronologically determined. Time during which parole is suspended because the inmate has been returned to custody as a parole violator shall not be credited toward any period of parole unless the inmate is found not guilty of the parole violation.(1)Except as provided in paragraph (4) of subdivision (a) of Section 3000 and Section 3064, an inmate who is released on parole for a period of two years shall not be retained under parole supervision or in custody for a period longer than three years from the date of their initial parole.(2)Except as provided in paragraph (4) of subdivision (a) of Section 3000 and Section 3064, an inmate who is released on parole for a period of three years shall not be retained under parole supervision or in custody for a period longer than four years from the date of their initial parole.(d)This section shall not apply to any of the following inmates:(1)An inmate currently incarcerated for an offense that will require the person to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.(2)Inmates whose parole term at the time of the commission of the offense was less than the parole term prescribed in subdivision (b).(e)The parole review periods specified in subdivision (b) shall not apply to inmates whose review period at the time of the commission of the offense provides for an earlier review period.(a)This section applies to persons released from state prison on or after July 1, 2020, and who are subject to the jurisdiction of, and parole supervision by, the Department of Corrections and Rehabilitation pursuant to Section 3000.08 of the Penal Code.
(b)Except as provided in subdivision (d) and notwithstanding any other law, persons described in subdivision (a) shall serve a parole term as follows:
(1)Any inmate sentenced to a determinate term shall be released on parole for a period of two years. The inmate will shall be reviewed by the Division of Adult Parole Operations for possible discharge from parole no later than 12 months after release from confinement. If at the time of the review the inmate has been on parole continuously for 12 months since release from confinement without a violation and the inmate is not a person required to be treated as described in Section 2962, the inmate shall be discharged from parole.
(2)Any inmate sentenced to a life term shall be released on parole for a period of three years. The inmate will shall be reviewed by the Division of Adult Parole Operations and referred to the Board of Parole Hearings for possible discharge from parole no later than 12 months after release from confinement. If the Board of Parole Hearings determines the inmate should be retained on parole, the inmate will be reviewed again and referred to the Board of Parole Hearings for possible discharge from parole no later than 24 months after release from confinement.
(c)Upon successful completion of parole, or at the end of the maximum statutory period of parole specified in this section, whichever is earlier, the inmate shall be discharged from parole. The date of the maximum statutory period of parole under this section shall be computed from the date of initial parole and shall be a period chronologically determined. Time during which parole is suspended because the inmate has been returned to custody as a parole violator shall not be credited toward any period of parole unless the inmate is found not guilty of the parole violation.
(1)Except as provided in paragraph (4) of subdivision (a) of Section 3000 and Section 3064, in no case may an inmate who is released on parole for a period of two years shall not be retained under parole supervision or in custody for a period longer than three years from the date of their initial parole.
(2)Except as provided in paragraph (4) of subdivision (a) of Section 3000 and Section 3064, in no case may an inmate who is released on parole for a period of three years shall not be retained under parole supervision or in custody for a period longer than four years from the date of their initial parole.
(d)This section shall not apply to any of the following inmates:
(1)An inmate currently incarcerated for an offense that will require the person to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.
(2)Inmates whose parole term at the time of the commission of the offense was less than the parole term prescribed in subdivision (b).
(e)The parole review periods specified in subdivision (b) shall not apply to inmates whose review period at the time of the commission of the offense provides for an earlier review period.
|
Date
|
Status
|
|---|---|
| Sep 28, 2024 | Vetoed by Governor. |
| Sep 6, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 28, 2024 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 10.). |
| Aug 28, 2024 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. |
| Aug 28, 2024 | Assembly Rule 77 suspended. |
| Aug 27, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 11.). |
| Aug 26, 2024 | Read second time. Ordered to third reading. |
| Aug 23, 2024 | Read third time and amended. Ordered to second reading. |
| Jun 25, 2024 | Read second time. Ordered to third reading. |
| Jun 24, 2024 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 11, 2024 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 11). Re-referred to Com. on APPR. |
| May 15, 2024 | Referred to Com. on PUB S. |
| May 2, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 2, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 7. Page 5077.) |
| Apr 18, 2024 | Read second time. Ordered to third reading. |
| Apr 17, 2024 | From committee: Do pass. (Ayes 11. Noes 4.) (April 17). |
| Apr 3, 2024 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 2). Re-referred to Com. on APPR. |
| Mar 12, 2024 | Re-referred to Com. on PUB. S. |
| Mar 11, 2024 | Referred to Com. on PUB. S. |
| Mar 11, 2024 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Feb 17, 2024 | From printer. May be heard in committee March 18. |
| Feb 16, 2024 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 28, 2024 | AB 3077 Hart Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 27, 2024 | Assembly 3rd Reading AB3077 Hart By Wahab | Senate Floor |
Passed |
|
| Jun 11, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| May 2, 2024 | AB 3077 Hart Assembly Third Reading | Assembly Floor |
Passed |
|
| Apr 17, 2024 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 2, 2024 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Access Coalition | ** Support | |
| California Attorneys For Criminal Justice | ** Support | |
| California Council Of Community Behavioral Health Agencies | ** Support | |
| California Public Defenders Association | ** Support | |
| Emotions Matter INC. | ** Support | |
| Erzule Paul Foundation | ** Support | |
| Initiate Justice | * Support | Jun 13, 2024 |
| Multiple Individuals | ** Support | |
| National Alliance on Mental Illness | ** Support | |
| National Education Alliance for Borderline Personality Disorder | ** Support | |
| PathPoint | ** Support | |
| Prc Baker Places / Black Leadership Council | ** Support | |
| San Francisco Public Defender's Office | * Support | Jun 11, 2024 |
| Steinberg Institute | ** Support |
GOVERNOR'S VETO
GV Bill Id:AB 3077
Author:(Hart)
As Enrolled Ver:August 31, 2024
2/3 vote
SUMMARY
Removes borderline personality disorder (BPD) as an exclusion for mental health diversion for defendants found incompetent to stand trial (IST), as specified, and as an exclusion to dismiss a sentence enhancement in furtherance of justice.
Senate Amendments
- a proposed provision of the bill specifying that counties receiving funds for the development of pretrial diversion for persons with specified mental illnesses must report data and outcomes to the State Department of State Hospitals quarterly, rather than monthly as outlined in current law.
- Double-joint this bill with SB 1323 (Menjivar) in order to avoid chaptering issues.
Governor's Veto Message
This bill would remove borderline personality disorder (BPD) as an exclusionary diagnosis for Department of State Hospital (DSH)-funded mental health diversion programs for defendants found incompetent to stand trial on felony charges.
In partnership with the Legislature, my administration has implemented significant investments to support diversion programs, community-based treatment, and timely access to treatment - all with the goal of destigmatizing behavioral health diagnoses and making services more readily accessible and affordable. Last year, I was proud to sign AB 1412 (Hart, 2023), which removed BPD as an exclusionary diagnosis for pretrial diversion. However, there are important differences between the two bills.
This bill matches individuals with BPD found incompetent to stand trial with DSH mental health diversion programs. Individuals with BPD have rarely been found incompetent to stand trial. I am concerned that this bill may have the unintended effect of expanding the waitlist for DSH services by increasing incentives to pursue incompetent to stand trial referrals for individuals with BPD in order to access state-funded diversion programs. Expanding the waitlist for DSH services could cause the department to violate court orders governing how quickly individuals must be admitted to state facilities for treatment, an unacceptable risk.
Further, this bill creates significant ongoing General Fund obligations not included in the 2024 Budget. In partnership with the Legislature this year, my Administration has enacted a balanced budget that avoids deep program cuts to vital services and protected investments in education, health care, climate, public safety, housing, and social service programs that millions of Californians rely on. It is important to remain disciplined when considering bills with significant fiscal implications that are not included in the budget, such as this measure.
COMMENTS
According to the Author
"Borderline personality disorder (BPD) affects 2-6% of the population with slightly higher rates among women and younger individuals. Current law allows for individuals diagnosed with post-traumatic stress, bipolar disorder, schizophrenia and schizoaffective disorder to be eligible for incompetent to stand trial. BPD is characterized by a pervasive pattern of instability in behavior, mood, identity and interpersonal relationships. The exclusion of BPD is not data driven, perpetuates harmful stigma about the disorder, and limits access to mental health treatment. [This bill] aims to increase equity within the justice system for individuals living with BPD and help reduce recidivism rates."
Arguments in Support
According to Emotions Matter, Inc., "This legislation is essential because it recognizes people diagnosed with BPD are unfairly excluded from California's judicial options for people with mental health conditions, despite evidence showing that BPD treatment reduces criminal behavior, arrests, and recidivism in this population. […]
"The exclusion of BPD from the list of eligible psychiatric diagnosis that are eligible for a determination of IST and the dismissal of penalty enhancements is not data driven, perpetuates harmful stigma about the disorder, and limits access to the necessary rehabilitative mental health treatment that both helps individuals recover their mental health and protect public safety. People with BPD make important contributions to society and deserve equitable and just treatment, and compassion. Treatment is essential for reducing the risk of suicide among people with BPD, as self-harming behaviors are common in BPD, and 10% of people with BPD die by suicide, a higher rate than any other psychiatric disorder.
"The overwhelming consensus among scholars is that BPD is treatable, and psychotherapy is the first-line intervention for BPD. People with BPD deserve the judicial options that are currently available to people with other mental health diagnoses.
"[This bill] is an important step in the right direction toward providing equitable and just treatment to people with BPD."
Arguments in Opposition
None Submitted.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, "No significant state costs. Possible future cost savings to the Department of State Hospitals (DSH) to the extent more IST defendants receive treatment in county mental health diversion programs instead of DSH facilities. Possible future incarceration cost savings to the extent the bill results in shorter sentences for defendants with BPD diagnoses."
VOTES
ASM PUBLIC SAFETY: 6-0-2
YES: McCarty, Stephanie Nguyen, Reyes, Ting, Wilson, Zbur
ABS, ABST OR NV: Alanis, Lackey
ASM APPROPRIATIONS: 11-4-0
YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua
NO: Sanchez, Dixon, Jim Patterson, Ta
ASSEMBLY FLOOR: 63-7-10
YES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO: Davies, Dixon, Essayli, Vince Fong, Gallagher, Sanchez, Ta
ABS, ABST OR NV: Alanis, Calderon, Chen, Megan Dahle, Flora, Lackey, Low, Mathis, Joe Patterson, Waldron
SENATE FLOOR: 29-11-0
YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NO: Alvarado-Gil, Dahle, Eggman, Grove, Jones, Min, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk
ASSEMBLY FLOOR: 62-10-7
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO: Chen, Megan Dahle, Davies, Dixon, Gallagher, Mathis, Jim Patterson, Joe Patterson, Sanchez, Waldron
ABS, ABST OR NV: Cervantes, Essayli, Flora, Lackey, Ortega, Rodriguez, Ta
UPDATED
VERSION: August 31, 2024
CONSULTANT: Ilan Zur / PUB. S. / (916) 319-3744 FN: 0005183
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 3077
Author:(Hart)
As Amended Ver:August 23, 2024
Majority vote
SUMMARY
Removes borderline personality disorder (BPD) as an exclusion for mental health diversion for defendants found incompetent to stand trial (IST), as specified, and as an exclusion to dismiss a sentence enhancement in furtherance of justice.
Senate Amendments
- Delete a proposed provision of the bill specifying that counties receiving funds for the development of pretrial diversion for persons with specified mental illnesses must report data and outcomes to the State Department of State Hospitals quarterly, rather than monthly as outlined in current law.
- Double-joint this bill with SB 1323 (Menjivar) in order to avoid chaptering issues.
COMMENTS
As passed by the Assembly, this bill, removed borderline personality disorder (BPD) as an exclusion for mental health diversion for defendants found incompetent to stand trial (IST), as specified, and as an exclusion to dismiss a sentence enhancement in furtherance of justice.
According to the Author
"Borderline personality disorder (BPD) affects 2-6% of the population with slightly higher rates among women and younger individuals. Current law allows for individuals diagnosed with post-traumatic stress, bipolar disorder, schizophrenia and schizoaffective disorder to be eligible for incompetent to stand trial. BPD is characterized by a pervasive pattern of instability in behavior, mood, identity and interpersonal relationships. The exclusion of BPD is not data driven, perpetuates harmful stigma about the disorder, and limits access to mental health treatment. [This bill] aims to increase equity within the justice system for individuals living with BPD and help reduce recidivism rates."
Arguments in Support
According to Emotions Matter, Inc., "This legislation is essential because it recognizes people diagnosed with BPD are unfairly excluded from California's judicial options for people with mental health conditions, despite evidence showing that BPD treatment reduces criminal behavior, arrests, and recidivism in this population. […]
"The exclusion of BPD from the list of eligible psychiatric diagnosis that are eligible for a determination of IST and the dismissal of penalty enhancements is not data driven, perpetuates harmful stigma about the disorder, and limits access to the necessary rehabilitative mental health treatment that both helps individuals recover their mental health and protect public safety. People with BPD make important contributions to society and deserve equitable and just treatment, and compassion. Treatment is essential for reducing the risk of suicide among people with BPD, as self-harming behaviors are common in BPD, and 10% of people with BPD die by suicide, a higher rate than any other psychiatric disorder.
"The overwhelming consensus among scholars is that BPD is treatable, and psychotherapy is the first-line intervention for BPD. People with BPD deserve the judicial options that are currently available to people with other mental health diagnoses.
"[This bill] is an important step in the right direction toward providing equitable and just treatment to people with BPD.”
Arguments in Opposition
None submitted.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, "No significant state costs. Possible future cost savings to the Department of State Hospitals (DSH) to the extent more IST defendants receive treatment in county mental health diversion programs instead of DSH facilities. Possible future incarceration cost savings to the extent the bill results in shorter sentences for defendants with BPD diagnoses."
VOTES:
ASM PUBLIC SAFETY: 6-0-2
YES: McCarty, Stephanie Nguyen, Reyes, Ting, Wilson, Zbur
ABS, ABST OR NV: Alanis, Lackey
ASM APPROPRIATIONS: 11-4-0
YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua
NO: Sanchez, Dixon, Jim Patterson, Ta
ASSEMBLY FLOOR: 63-7-10
YES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO: Davies, Dixon, Essayli, Vince Fong, Gallagher, Sanchez, Ta
ABS, ABST OR NV: Alanis, Calderon, Chen, Megan Dahle, Flora, Lackey, Low, Mathis, Joe Patterson, Waldron
SENATE FLOOR: 29-11-0
YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NO: Alvarado-Gil, Dahle, Eggman, Grove, Jones, Min, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk
UPDATED
VERSION: August 23, 2024
CONSULTANT: Ilan Zur / PUB. S. / (916) 319-3744 FN: 0004853
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 3077 |
THIRD READING
Bill No: AB 3077
Author: Hart (D)
Amended: 8/23/24 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 4-1, 6/11/24
AYES: Wahab, Bradford, Skinner, Wiener
NOES: Seyarto
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 63-7, 5/2/24 - See last page for vote
SUBJECT: Criminal procedure: borderline personality disorder
SOURCE: California Council of Community Behavioral Health Agencies
DIGEST:
This bill removes exclusions in existing law that prevent a criminal defendant with a diagnosis of borderline personality disorder (BPD) from participating in a county mental health diversion program after they are deemed incompetent to stand trial (IST), and from having their mental illness considered for purposes of dismissing a sentencing enhancement in the furtherance of justice.
Senate Floor Amendments of 8/23/24 make corrective changes and double-joins this bill with SB 1323 (Menjivar) to avoid chaptering conflicts.
ANALYSIS:
Existing law:
- States that a person cannot be tried or adjudged to punishment or have his or her probation, mandatory supervision, postrelease community supervision, or parole revoked while that person is mentally incompetent. (Pen. Code § 1367, subd. (a).)
- States that if, during the pendency of an action and prior to judgment, a doubt arises in the mind of the judge as to the mental competence of the defendant, the judge shall state that doubt on the record and inquire of the attorney for the defendant whether, in the opinion of the attorney, the defendant is mentally competent. (Pen. Code, § 1368, subd. (a).)
- Requires, when counsel has declared a doubt as to the defendant’s competence, the court to hold a hearing determine whether the defendant is IST. (Pen. Code § 1368, subd. (b).)
- Provides that, except as provided, when an order for a hearing into the present mental competence of the defendant has been issued, all proceedings in the criminal prosecution shall be suspended until the question of whether the defendant is IST is determined. (Pen. Code § 1368, subd. (c).)
- Specifies how the trial on the issue of mental competency shall proceed. (Pen. Code § 1369.)
- Requires the court to appoint a psychiatrist or licensed psychologist, and any other expert the court may deem appropriate, to examine the defendant. (Pen. Code, § 1369, subd. (a)(1).)
- Specifies the process for the commitment and treatment of defendants found IST. (Pen. Code, § 1370.)
- Requires defendants found IST to be committed to the Department of State Hospitals (DSH), a treatment facility, or on outpatient treatment for restoration of competency. (Pen. Code, § 1370, subd. (a).)
- Allows the court to make a finding that an IST defendant is the appropriate candidate for mental health diversion, in lieu of commitment for restoration of competency. (Pen. Code, § 1370, subd. (a)(1)(B)(iv)(I).)
- Requires, if an IST defendant is found by the court to be an appropriate candidate for mental health diversion, the defendant’s eligibility shall be determined pursuant to the mental health diversion statue, Penal Code section 1001.36. (Pen. Code, § 1370, subd. (a)(1)(B)(v).)
- States that the purpose of mental health diversion is to mitigate the entry and reentry of individuals with mental health disorders into the criminal justice system while protecting public safety. (Pen. Code, § 1001.35.)
- Sets forth the eligibility criteria for mental health diversion, including among other things, that the defendant has been diagnosed with a mental disorder as identified in the most recent edition of the DSM, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, but excluding antisocial personality disorder and pedophilia. (Pen. Code, § 1001.36.)
- Allows DSH, subject to appropriation by the Legislature, to solicit proposals and contract with counties to help fund the development or expansion of pretrial mental health diversion for individuals with serious mental illnesses and who have been found IST and committed to DSH for restoration of competency, that meets all of the following criteria:
- Participants are individuals diagnosed with a mental disorder as identified in the most recent edition of the DSM, including, but not limited to, bipolar disorder, schizophrenia, and schizoaffective disorder, but excluding a primary diagnosis of antisocial personality disorder, BPD, and pedophilia, and who are presenting non-substance-induced psychotic symptoms, who have been found IST;
- There is a significant relationship between the individual’s serious mental disorder and the charged offense, or between the individual’s conditions of homelessness and the charged offense; and,
- The individual does not pose an unreasonable risk of danger to public safety if treated in the community. (Welf. & Inst. Code, § 4361, subd. (c)(1).)
- Requires DSH to implement a growth cap program for all counties for IST individuals committed to DSH and requires DSH to charge counties penalty payments as to implement the growth cap program. (Welf. & Inst. Code, § 4336.)
- Creates the Mental Health Diversion Fund in the State Treasury to receive the penalty payments from each county. The fund shall be used to support county activities that will divert individuals with serious mental illnesses away from the criminal justice system and lead to the reduction of felony IST determinations. (Welf. & Inst. Code, § 4336, subd. (c)(1).)
- Provides that activities supported by the Mental Health Diversion Fund shall include one or more of the following:
- Prebooking mental health diversion to serve those with serious mental illness and prevent their felony arrest. The target population that shall be served are individuals demonstrating psychosis manifesting as hallucinations, delusions, disorganized thoughts, or disorganized behavior at the time of the interaction;
- Postbooking mental health diversion to serve those with serious mental illness and who are likely to be found IST, to prevent the IST determination and divert the individual from incarceration. The target population that shall be served are individuals diagnosed with a mental disorder as identified in the most recent edition of the DSM, including, but not limited to, bipolar disorder, schizophrenia, and schizoaffective disorder but excluding a primary diagnosis of antisocial personality disorder, BPD, and pedophilia, and who are presenting non-substance-induced psychotic symptoms; and,
- Reentry services and support to serve those who have been restored to competency following a felony IST commitment and directly released to the community from jail. (Welf. & Inst. Code, § 4336, subd. (c)(2).)
- Requires a court to dismiss an enhancement if it is in the furtherance of justice to do so, except if prohibited by any initiative statute. (Pen. Code, § 1385, subd. (c)(1).)
- Requires the court, when dismissing an enhancement, to consider and afford great weight to evidence offered by the defendant to prove if any specified mitigating circumstances are present, including among others, whether the current offense is connected to mental illness. (Pen. Code, § 1385, subd. (c)(2).)
- Provides that, proof of one or more of the specified mitigating circumstances weighs greatly in favor of dismissing the enhancement, unless the court finds that dismissal of the enhancement would endanger public safety. “Endanger public safety” means there is a likelihood that the dismissal of the enhancement would result in physical injury or other serious danger to others. (Pen. Code, § 1385, subd. (c)(2).)
- Specifies, for the purposes of dismissing a sentence enhancement, a mental illness is a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder but excluding antisocial personality disorder, BPD, and pedophilia. (Pen. Code, § 1385, subd. (c)(5).)
This bill:
- Removes the exclusion of BPD from the description of eligible participants for DSH contracted county mental health diversion programs.
- Removes the exclusion of BPD from the target population that is to be served by the Mental Health Diversion Fund received by counties that support diverting individuals with serious mental illnesses away from the criminal justice system.
- Removes the exclusion of BPD as a qualifying mental illness for purposes of dismissing an enhancement in the interests of justice.
Comments
According to the author of this bill:
BPD is a psychiatric disorder found in approximately 1.6-5.9% of the population, with slightly higher rates among women and younger individuals. BPD is characterized by a pervasive pattern of instability in behavior, mood, identity and interpersonal relationships. People with BPD have high rates of suicide. The overwhelming consensus among professionals is that BPD is treatable with a combination of psychotherapy and medication.
Despite the availability of effective treatment, individuals with BPD are not eligible to be declared IST and cannot have their enhancements dismissed by a court.
AB 3077 ensures that defendants with borderline personality disorder are eligible for mental health treatment if it determined that they are IST. This bill also allows a court to dismiss sentencing enhancements if a court determines that doing so serves the interests of justice and public safety. The bill will increase equity within the justice system for individuals living with BPD and help reduce recidivism rates.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 8/23/24)
California Council of Community Behavioral Health Agencies (source)
California Access Coalition
California Attorneys for Criminal Justice
California Public Defenders Association
Emotions Matter INC.
Erzule Paul Foundation
Multiple Individuals
National Alliance on Mental Illness
National Alliance on Mental Illness (NAMI-CA)
National Education Alliance for Borderline Personality Disorder
Pathpoint
PRC Baker Places / Black Leadership Council
Steinberg Institute
OPPOSITION: (Verified 8/23/24)
None received
ARGUMENTS IN SUPPORT: According to National Education Alliance for Borderline Personality Disorder:
This legislation is essential because it recognizes people diagnosed with BPD are unfairly excluded from California’s judicial options for people with mental health conditions, despite evidence showing that BPD treatment reduces criminal behavior, arrests, and recidivism in this population.
- A study published in the Journal of Forensic Psychiatry and Psychology in 2020 found that individuals with BPD who received Dialectical Behavior Therapy (DBT) had significantly fewer arrests than those who did not receive treatment (Murray et al., 2020).
- A review of 33 treatment trials for BPD analyzed data from 2,256 participants and discovered that treatment positively reduced BPD symptoms, self-harm, suicidality, and general psychopathology (Cristea et al., 2017).
- The Holloway Skills Therapy Program (HoST) was created in the UK specifically for incarcerated women with BPD. Those who finished the 8-week treatment saw a remarkable 88.2% decrease in disciplinary actions (Gee & Reed, 2013).
The exclusion of BPD from the list of eligible psychiatric diagnosis that are eligible for a determination of IST and the dismissal of penalty enhancements is not data driven, perpetuates harmful stigma about the disorder, and limits access to the necessary rehabilitative mental health treatment that both helps individuals recover their mental health and protect public safety. People with BPD make important contributions to society and deserve equitable and just treatment, and compassion. Treatment is essential for reducing the risk of suicide among people with BPD, as self-harming behaviors are common in BPD, and 10% of people with BPD die by suicide, a higher rate than any other psychiatric disorder.
The overwhelming consensus among scholars is that BPD is treatable, and psychotherapy is the first-line intervention for BPD. People with BPD deserve the judicial options that are currently available to people with other mental health diagnoses.
ASSEMBLY FLOOR: 63-7, 5/2/24
AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NOES: Davies, Dixon, Essayli, Vince Fong, Gallagher, Sanchez, Ta
NO VOTE RECORDED: Alanis, Calderon, Chen, Megan Dahle, Flora, Lackey, Low, Mathis, Joe Patterson, Waldron
Prepared by: Stella Choe / PUB. S. /
8/25/24 13:35:55
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 3077 |
THIRD READING
Bill No: AB 3077
Author: Hart (D)
Amended: 3/11/24 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 4-1, 6/11/24
AYES: Wahab, Bradford, Skinner, Wiener
NOES: Seyarto
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 63-7, 5/2/24 - See last page for vote
SUBJECT: Criminal procedure: borderline personality disorder
SOURCE: California Council of Community Behavioral Health Agencies
DIGEST:
This bill removes exclusions in existing law that prevent a criminal defendant with a diagnosis of borderline personality disorder (BPD) from participating in a county mental health diversion program after they are deemed incompetent to stand trial (IST), and from having their mental illness considered for purposes of dismissing a sentencing enhancement in the furtherance of justice.
ANALYSIS:
Existing law:
- States that a person cannot be tried or adjudged to punishment or have his or her probation, mandatory supervision, postrelease community supervision, or parole revoked while that person is mentally incompetent. (Pen. Code § 1367, subd. (a).)
- States that if, during the pendency of an action and prior to judgment, a doubt arises in the mind of the judge as to the mental competence of the defendant, the judge shall state that doubt on the record and inquire of the attorney for the defendant whether, in the opinion of the attorney, the defendant is mentally competent. (Pen. Code, § 1368, subd. (a).)
- Requires, when counsel has declared a doubt as to the defendant’s competence, the court to hold a hearing determine whether the defendant is IST. (Pen. Code § 1368, subd. (b).)
- Provides that, except as provided, when an order for a hearing into the present mental competence of the defendant has been issued, all proceedings in the criminal prosecution shall be suspended until the question of whether the defendant is IST is determined. (Pen. Code § 1368, subd. (c).)
- Specifies how the trial on the issue of mental competency shall proceed. (Pen. Code § 1369.)
- Requires the court to appoint a psychiatrist or licensed psychologist, and any other expert the court may deem appropriate, to examine the defendant. (Pen. Code, § 1369, subd. (a)(1).)
- Specifies the process for the commitment and treatment of defendants found IST. (Pen. Code, § 1370.)
- Requires defendants found IST to be committed to the Department of State Hospitals (DSH), a treatment facility, or on outpatient treatment for restoration of competency. (Pen. Code, § 1370, subd. (a).)
- Allows the court to make a finding that an IST defendant is the appropriate candidate for mental health diversion, in lieu of commitment for restoration of competency. (Pen. Code, § 1370, subd. (a)(1)(B)(iv)(I).)
- Requires, if an IST defendant is found by the court to be an appropriate candidate for mental health diversion, the defendant’s eligibility shall be determined pursuant to the mental health diversion statue, Penal Code section 1001.36. (Pen. Code, § 1370, subd. (a)(1)(B)(v).)
- States that the purpose of mental health diversion is to mitigate the entry and reentry of individuals with mental health disorders into the criminal justice system while protecting public safety. (Pen. Code, § 1001.35.)
- Sets forth the eligibility criteria for mental health diversion, including among other things, that the defendant has been diagnosed with a mental disorder as identified in the most recent edition of the DSM, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, but excluding antisocial personality disorder and pedophilia. (Pen. Code, § 1001.36.)
- Allows DSH, subject to appropriation by the Legislature, to solicit proposals and contract with counties to help fund the development or expansion of pretrial mental health diversion for individuals with serious mental illnesses and who have been found IST and committed to DSH for restoration of competency, that meets all of the following criteria:
- Participants are individuals diagnosed with a mental disorder as identified in the most recent edition of the DSM, including, but not limited to, bipolar disorder, schizophrenia, and schizoaffective disorder, but excluding a primary diagnosis of antisocial personality disorder, BPD, and pedophilia, and who are presenting non-substance-induced psychotic symptoms, who have been found IST;
- There is a significant relationship between the individual’s serious mental disorder and the charged offense, or between the individual’s conditions of homelessness and the charged offense; and,
- The individual does not pose an unreasonable risk of danger to public safety if treated in the community. (Welf. & Inst. Code, § 4361, subd. (c)(1).)
- Requires DSH to implement a growth cap program for all counties for IST individuals committed to DSH and requires DSH to charge counties penalty payments as to implement the growth cap program. (Welf. & Inst. Code, § 4336.)
- Creates the Mental Health Diversion Fund in the State Treasury to receive the penalty payments from each county. The fund shall be used to support county activities that will divert individuals with serious mental illnesses away from the criminal justice system and lead to the reduction of felony IST determinations. (Welf. & Inst. Code, § 4336, subd. (c)(1).)
- Provides that activities supported by the Mental Health Diversion Fund shall include one or more of the following:
- Prebooking mental health diversion to serve those with serious mental illness and prevent their felony arrest. The target population that shall be served are individuals demonstrating psychosis manifesting as hallucinations, delusions, disorganized thoughts, or disorganized behavior at the time of the interaction;
- Postbooking mental health diversion to serve those with serious mental illness and who are likely to be found IST, to prevent the IST determination and divert the individual from incarceration. The target population that shall be served are individuals diagnosed with a mental disorder as identified in the most recent edition of the DSM, including, but not limited to, bipolar disorder, schizophrenia, and schizoaffective disorder but excluding a primary diagnosis of antisocial personality disorder, BPD, and pedophilia, and who are presenting non-substance-induced psychotic symptoms; and,
- Reentry services and support to serve those who have been restored to competency following a felony IST commitment and directly released to the community from jail. (Welf. & Inst. Code, § 4336, subd. (c)(2).)
- Requires a court to dismiss an enhancement if it is in the furtherance of justice to do so, except if prohibited by any initiative statute. (Pen. Code, § 1385, subd. (c)(1).)
- Requires the court, when dismissing an enhancement, to consider and afford great weight to evidence offered by the defendant to prove if any specified mitigating circumstances are present, including among others, whether the current offense is connected to mental illness. (Pen. Code, § 1385, subd. (c)(2).)
- Provides that, proof of one or more of the specified mitigating circumstances weighs greatly in favor of dismissing the enhancement, unless the court finds that dismissal of the enhancement would endanger public safety. “Endanger public safety” means there is a likelihood that the dismissal of the enhancement would result in physical injury or other serious danger to others. (Pen. Code, § 1385, subd. (c)(2).)
- Specifies, for the purposes of dismissing a sentence enhancement, a mental illness is a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder but excluding antisocial personality disorder, BPD, and pedophilia. (Pen. Code, § 1385, subd. (c)(5).)
This bill:
- Removes the exclusion of BPD from the description of eligible participants for DSH contracted county mental health diversion programs.
- Removes the exclusion of BPD from the target population that is to be served by the Mental Health Diversion Fund received by counties that support diverting individuals with serious mental illnesses away from the criminal justice system.
- Removes the exclusion of BPD as a qualifying mental illness for purposes of dismissing an enhancement in the interests of justice.
Comments
According to the author of this bill:
BPD is a psychiatric disorder found in approximately 1.6-5.9% of the population, with slightly higher rates among women and younger individuals. BPD is characterized by a pervasive pattern of instability in behavior, mood, identity and interpersonal relationships. People with BPD have high rates of suicide. The overwhelming consensus among professionals is that BPD is treatable with a combination of psychotherapy and medication.
Despite the availability of effective treatment, individuals with BPD are not eligible to be declared IST and cannot have their enhancements dismissed by a court.
AB 3077 ensures that defendants with borderline personality disorder are eligible for mental health treatment if it determined that they are IST. This bill also allows a court to dismiss sentencing enhancements if a court determines that doing so serves the interests of justice and public safety. The bill will increase equity within the justice system for individuals living with BPD and help reduce recidivism rates.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 6/24/24)
California Council of Community Behavioral Health Agencies (source)
California Access Coalition
California Attorneys for Criminal Justice
California Public Defenders Association
Emotions Matter INC.
Erzule Paul Foundation
Multiple Individuals
National Alliance on Mental Illness
National Alliance on Mental Illness (NAMI-CA)
National Education Alliance for Borderline Personality Disorder
Pathpoint
PRC Baker Places / Black Leadership Council
Steinberg Institute
OPPOSITION: (Verified 6/24/24)
None received
ARGUMENTS IN SUPPORT: According to National Education Alliance for Borderline Personality Disorder:
This legislation is essential because it recognizes people diagnosed with BPD are unfairly excluded from California’s judicial options for people with mental health conditions, despite evidence showing that BPD treatment reduces criminal behavior, arrests, and recidivism in this population.
- A study published in the Journal of Forensic Psychiatry and Psychology in 2020 found that individuals with BPD who received Dialectical Behavior Therapy (DBT) had significantly fewer arrests than those who did not receive treatment (Murray et al., 2020).
- A review of 33 treatment trials for BPD analyzed data from 2,256 participants and discovered that treatment positively reduced BPD symptoms, self-harm, suicidality, and general psychopathology (Cristea et al., 2017).
- The Holloway Skills Therapy Program (HoST) was created in the UK specifically for incarcerated women with BPD. Those who finished the 8-week treatment saw a remarkable 88.2% decrease in disciplinary actions (Gee & Reed, 2013).
The exclusion of BPD from the list of eligible psychiatric diagnosis that are eligible for a determination of IST and the dismissal of penalty enhancements is not data driven, perpetuates harmful stigma about the disorder, and limits access to the necessary rehabilitative mental health treatment that both helps individuals recover their mental health and protect public safety. People with BPD make important contributions to society and deserve equitable and just treatment, and compassion. Treatment is essential for reducing the risk of suicide among people with BPD, as self-harming behaviors are common in BPD, and 10% of people with BPD die by suicide, a higher rate than any other psychiatric disorder.
The overwhelming consensus among scholars is that BPD is treatable, and psychotherapy is the first-line intervention for BPD. People with BPD deserve the judicial options that are currently available to people with other mental health diagnoses.
ASSEMBLY FLOOR: 63-7, 5/2/24
AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NOES: Davies, Dixon, Essayli, Vince Fong, Gallagher, Sanchez, Ta
NO VOTE RECORDED: Alanis, Calderon, Chen, Megan Dahle, Flora, Lackey, Low, Mathis, Joe Patterson, Waldron
Prepared by: Stella Choe / PUB. S. /
6/25/24 13:11:42
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: AB 3077 Hearing Date: June 11, 2024
Author: | Hart | ||
Version: | March 11, 2024 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | SC | ||
Subject: Criminal procedure: borderline personality disorder
HISTORY
Source: California Council of Community Behavioral Health Agencies
Prior Legislation: AB 1412 (Hart), Ch.687, Stats. 2023
SB 81 (Skinner), Ch. 721, Stats. 2021
SB 215 (Beall), Ch. 1005, Stats. 2018
AB 1810 (Committee on Budget), Ch. 34, Stats. 2018
Support: California Access Coalition; California Attorneys for Criminal Justice; California Public Defenders Association; Emotions Matter INC.; Erzule Paul Foundation; National Alliance on Mental Illness; National Education Alliance for Borderline Personality Disorder; Pathpoint; PRC Baker Places / Black Leadership Council; Steinberg Institute
Opposition: None known
Assembly Floor Vote: 63 - 7
PURPOSE
The purpose of this bill is remove exclusions in existing law that prevent a criminal defendant with a diagnosis of borderline personality disorder (BPD) from participating in a county mental health diversion program after they are deemed incompetent to stand trial (IST), and from having their mental illness considered for purposes of dismissing a sentencing enhancement in the furtherance of justice.
Existing law states that a person cannot be tried or adjudged to punishment or have his or her probation, mandatory supervision, postrelease community supervision, or parole revoked while that person is mentally incompetent. (Pen. Code § 1367, subd. (a).)
Existing law states that if, during the pendency of an action and prior to judgment, a doubt arises in the mind of the judge as to the mental competence of the defendant, the judge shall state that doubt on the record and inquire of the attorney for the defendant whether, in the opinion of the attorney, the defendant is mentally competent. (Pen. Code, § 1368, subd. (a).)
Existing law requires, when counsel has declared a doubt as to the defendant’s competence, the court to hold a hearing determine whether the defendant is incompetent to stand trial (IST). (Pen. Code § 1368, subd. (b).)
Existing law provides that, except as provided, when an order for a hearing into the present mental competence of the defendant has been issued, all proceedings in the criminal prosecution shall be suspended until the question of whether the defendant is IST is determined. (Pen. Code § 1368, subd. (c).)
Existing law specifies how the trial on the issue of mental competency shall proceed. (Pen. Code § 1369.)
Existing law requires the court to appoint a psychiatrist or licensed psychologist, and any other expert the court may deem appropriate, to examine the defendant. (Pen. Code, § 1369, subd. (a)(1).)
Existing law specifies the process for the commitment and treatment of defendants found IST. (Pen. Code, § 1370.)
Existing law requires defendants found IST to be committed to the Department of State Hospitals (DSH), a treatment facility, or on outpatient treatment for restoration of competency. (Pen. Code, § 1370, subd. (a).)
Existing law allows the court to make a finding that an IST defendant is the appropriate candidate for mental health diversion, in lieu of commitment for restoration of competency. (Pen. Code, § 1370, subd. (a)(1)(B)(iv)(I).)
Existing law requires, if an IST defendant is found by the court to be an appropriate candidate for mental health diversion, the defendant’s eligibility shall be determined pursuant to the mental health diversion statue, Penal Code section 1001.36. (Pen. Code, § 1370, subd. (a)(1)(B)(v).)
Existing law states that the purpose of mental health diversion is to mitigate the entry and reentry of individuals with mental health disorders into the criminal justice system while protecting public safety. (Pen. Code, § 1001.35.)
Existing law sets forth the eligibility criteria for mental health diversion, including among other things, that the defendant has been diagnosed with a mental disorder as identified in the most recent edition of the DSM, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, but excluding antisocial personality disorder and pedophilia. (Pen. Code, § 1001.36.)
Existing law allows DSH, subject to appropriation by the Legislature, to solicit proposals and contract with counties to help fund the development or expansion of pretrial mental health diversion for individuals with serious mental illnesses and who have been found IST and committed to DSH for restoration of competency, that meets all of the following criteria:
- Participants are individuals diagnosed with a mental disorder as identified in the most recent edition of the DSM, including, but not limited to, bipolar disorder, schizophrenia, and schizoaffective disorder, but excluding a primary diagnosis of antisocial personality disorder, BPD, and pedophilia, and who are presenting non-substance-induced psychotic symptoms, who have been found IST;
- There is a significant relationship between the individual’s serious mental disorder and the charged offense, or between the individual’s conditions of homelessness and the charged offense; and,
- The individual does not pose an unreasonable risk of danger to public safety if treated in the community. (Welf. & Inst. Code, § 4361, subd. (c)(1).)
This bill removes the exclusion of BPD from the description of eligible participants for DSH contracted county mental health diversion programs.
Existing law requires DSH to implement a growth cap program for all counties for IST individuals committed to DSH and requires DSH to charge counties penalty payments as to implement the growth cap program. (Welf. & Inst. Code, § 4336.)
Existing law creates the Mental Health Diversion Fund in the State Treasury to receive the penalty payments from each county. The fund shall be used to support county activities that will divert individuals with serious mental illnesses away from the criminal justice system and lead to the reduction of felony IST determinations. (Welf. & Inst. Code, § 4336, subd. (c)(1).)
Existing law provides that activities supported by the Mental Health Diversion Fund shall include one or more of the following:
- Prebooking mental health diversion to serve those with serious mental illness and prevent their felony arrest. The target population that shall be served are individuals demonstrating psychosis manifesting as hallucinations, delusions, disorganized thoughts, or disorganized behavior at the time of the interaction;
- Postbooking mental health diversion to serve those with serious mental illness and who are likely to be found IST, to prevent the IST determination and divert the individual from incarceration. The target population that shall be served are individuals diagnosed with a mental disorder as identified in the most recent edition of the DSM, including, but not limited to, bipolar disorder, schizophrenia, and schizoaffective disorder but excluding a primary diagnosis of antisocial personality disorder, BPD, and pedophilia, and who are presenting non-substance-induced psychotic symptoms; and,
- Reentry services and support to serve those who have been restored to competency following a felony IST commitment and directly released to the community from jail. (Welf. & Inst. Code, § 4336, subd. (c)(2).)
This bill removes the exclusion of BPD from the target population that is to be served by the Mental Health Diversion Fund received by counties that support diverting individuals with serious mental illnesses away from the criminal justice system.
Existing law requires a court to dismiss an enhancement if it is in the furtherance of justice to do so, except if prohibited by any initiative statute. (Pen. Code, § 1385, subd. (c)(1).)
Existing law requires the court, when dismissing an enhancement, to consider and afford great weight to evidence offered by the defendant to prove if any specified mitigating circumstances are present, including among others, whether the current offense is connected to mental illness. (Pen. Code, § 1385, subd. (c)(2).)
Existing law provides that, proof of one or more of the specified mitigating circumstances weighs greatly in favor of dismissing the enhancement, unless the court finds that dismissal of the enhancement would endanger public safety. “Endanger public safety” means there is a likelihood that the dismissal of the enhancement would result in physical injury or other serious danger to others. (Pen. Code, § 1385, subd. (c)(2).)
Existing law specifies, for the purposes of dismissing a sentence enhancement, a mental illness is a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder but excluding antisocial personality disorder, BPD, and pedophilia. (Pen. Code, § 1385, subd. (c)(5).)
This bill removes the exclusion of BPD as a qualifying mental illness for purposes of dismissing an enhancement in the interests of justice.
COMMENTS
- Need for This Bill
According to the author of this bill:
BPD is a psychiatric disorder found in approximately 1.6-5.9% of the population, with slightly higher rates among women and younger individuals. BPD is characterized by a pervasive pattern of instability in behavior, mood, identity and interpersonal relationships. People with BPD have high rates of suicide. The overwhelming consensus among professionals is that BPD is treatable with a combination of psychotherapy and medication.
Despite the availability of effective treatment, individuals with BPD are not eligible to be declared IST and cannot have their enhancements dismissed by a court.
AB 3077 ensures that defendants with borderline personality disorder are eligible for mental health treatment if it determined that they are IST. This bill also allows a court to dismiss sentencing enhancements if a court determines that doing so serves the interests of justice and public safety. The bill will increase equity within the justice system for individuals living with BPD and help reduce recidivism rates.
- Incarceration of Offenders with Mental Disorders
According to a 2019 study, more than 30% of the state’s prison and 23 % of the jail populations have a mental illness. (Stanford Justice Advocacy Project, Confronting California’s Continuing Prison Crisis: The Prevalence And Severity Of Mental Illness Among California Prisoners On The Rise <https://law.stanford.edu/wp-content/uploads/2017/05/Stanford-Report-FINAL.pdf> [as of June 2, 2023].) Not only have the numbers of inmates with mental illness increased, the severity of psychiatric symptoms among inmates is also on the rise. (Id. at p. 2.) This population tends to serve longer sentences than the general population (Id. at p. 1.) and have a higher recidivism rate.
Promoting treatment over incarceration has shown positive results in reducing recidivism:
To avoid incarceration, individuals with serious mental illness need to be diverted from the legal system and offered rehabilitative resources. The homeless comprise a significant share of individuals who come to the attention of law enforcement. A recent review revealed that lifetime arrest rates of homeless individuals with serious mental illness ranged from 62.9% to 90.0%, compared with approximately 15.0% in the general population. For this population, stable housing is a major issue. A recent randomized trial comparing housing first with assertive community treatment with treatment as usual demonstrated significantly decreased rates of arrest among those receiving assertive community treatment at 2 years. These results suggest that efforts to provide stable, affordable, and safe shelter for homeless individuals may lead to lower rates of involvement in the justice system.
. . . .
When individuals with serious mental illness are brought to court attention, several models have demonstrated positive outcomes, including mental health courts, drug courts, and Veterans Treatment Courts. Although they serve different populations, the common goal of all these court formats is to address the causes of behavior that brought an offender to police attention. Mental health courts are becoming more common in different communities, each with slight variations; however, common features include a specialized court docket that emphasizes problem solving, community-based treatment plans that are designed and supervised by judicial and clinical staff, regular follow-up with incentives and sanctions related to treatment adherence, and clearly defined “graduation” criteria. A recent prospective study of 169 individuals showed that the likelihood of perpetrating violence during the following year was significantly lower among participants processed through a mental health court than among individuals in a matched comparison group who were processed through traditional courts (odds ratio, 0.39; 95% CI, 0.16-0.95; P = .04).
(Hirschtritt & Binder, Interrupting the Mental Illness–Incarceration-Recidivism Cycle (Feb. 21, 2017) 317 JAMA 695-696, fn. omitted.)
- Treatment of BPD
According to the National Institute of Mental Health, borderline personality disorder “severely impacts a person’s ability to manage their emotions. This loss of emotional control can increase impulsivity, affect how a person feels about themselves, and negatively impact their relationships with others.” (https://www.nimh.nih.gov/health/topics/borderline-personality-disorder [as of May 29, 2024].) Signs or symptoms may include:
- Efforts to avoid real or perceived abandonment, such as plunging headfirst into relationships—or ending them just as quickly.
- A pattern of intense and unstable relationships with family, friends, and loved ones.
- A distorted and unstable self-image or sense of self.
- Impulsive and often dangerous behaviors, such as spending sprees, unsafe sex, substance misuse, reckless driving, and binge eating. However, if these behaviors happen mostly during times of elevated mood or energy, they may be symptoms of a mood disorder and not borderline personality disorder.
- Self-harming behavior, such as cutting.
- Recurring thoughts of suicidal behaviors or threats.
- Intense and highly variable moods, with episodes lasting from a few hours to a few days.
- Chronic feelings of emptiness.
- Inappropriate, intense anger or problems controlling anger.
- Feelings of dissociation, such as feeling cut off from oneself, observing oneself from outside one’s body, or feelings of unreality.
Symptoms from borderline personality disorder may be improved through evidence-based treatment which can help individuals experience fewer and less severe symptoms and improve functioning. Psychotherapy, which typically occurs with a licensed, trained mental health professional in one-on-one sessions or with other people in group settings, is the main treatment for people with borderline personality disorder. In particular, dialectical behavior therapy (DBT), which was developed specifically for people with borderline personality disorder, teaches skills to help people manage intense emotions, reduce self-destructive behaviors, and improve relationships. (Ibid.)
- Competency in Criminal Trials and Mental Health Diversion
The Due Process Clause of the United States Constitution prohibits the criminal prosecution of a defendant who is not mentally competent to stand trial. Existing law provides that if a person has been charged with a crime and is not able to understand the nature of the criminal proceedings and/or is not able to assist counsel in his or her defense, the court may determine that the offender is incompetent to stand trial [IST]. (Pen. Code § 1367.) When the court issues an order for a hearing into the present mental competence of the defendant, all proceedings in the criminal prosecution are suspended until the question of present mental competence has been determined. (Pen. Code, §1368, subd. (c).)
In order to determine mental competence, the court must appoint a psychiatrist or licensed psychologist to examine the defendant. If defense counsel opposes a finding on incompetence, the court must appoint two experts: one chosen by the defense, one by the prosecution. (Pen. Code, § 11369, subd. (a).) The examining expert(s) must evaluate the defendant’s alleged mental disorder and the defendant’s ability to understand the proceedings and assist counsel, as well as address whether antipsychotic medication is medically appropriate. (Pen. Code, § 1369, subd. (a).)
Both parties have a right to a jury trial to decide competency. (Pen. Code, § 1369.) A formal trial is not required when jury trial has been waived. (People v. Harris (1993) 14 Cal.App.4th 984.) The burden of proof is on the party seeking a finding of incompetence. (People v. Skeirik (1991) 229 Cal.App.3d 444, 459-460.) Because a defendant is initially considered competent to stand trial (Medina v. California (1992) 505 U.S. 437), usually this means that the defense bears the burden of proof to establish incompetence. Therefore, defense counsel must first present evidence to support mental incompetence. However, if defense counsel does not want to offer evidence to have the defendant declared incompetent, the prosecution may. Each party may offer rebuttal evidence. Final arguments are presented to the court or jury, with the prosecution going first, followed by defense counsel. (Pen. Code, § 1369, subds. (b)-(e).)
If after an examination and hearing the defendant is found IST, the criminal proceedings are suspended and the court shall order the defendant to be referred to DSH, or to any other available public or private treatment facility, including a community-based residential treatment system if the facility has a secured perimeter or a locked and controlled treatment facility, approved by the community program director that will promote the defendant’s speedy restoration to mental competence, or placed on outpatient status, except as specified. (Pen. Code § 1368, subd. (c) and 1370, subd. (a)(1)(B).) The court may also make a determination as to whether the defendant is an appropriate candidate for mental health diversion pursuant to Penal Code section 1001.36.
The stated purpose of the diversion program is “to promote all of the following: . . . Allowing local discretion and flexibility for counties in the development and implementation of diversion for individuals with mental disorders across a continuum of care settings.” (Pen. Code, § 1001.35, subd. (b).)
To be diverted, an IST defendant must meet the eligibility requirements specified in the mental health diversion statute. (Pen. Code, § 1370, subd. (a)(1)(B)(iv).) Last year, BPD was removed as an exclusion for mental health diversion. (AB 1412 (Hart), Ch. 687, Stats. 2023.)
To address the growing waitlist for DSH commitments, the Legislature authorized DSH to contract with counties to help fund the development and expansion of pretrial mental health diversion. (Welf. & Inst. Code, § 4361, subd. (a).) This would also “promote the diversion of individuals with serious mental disorders” and to “assist counties in providing diversion for individuals with serious mental illnesses who have been found IST and committed to DSH.” (Ibid.)
However, the statute provides that DSH may only contract with a county to help fund the development or expansion of pretrial mental health diversion that meets specified criteria, including: (1) that the diversion is for individuals “diagnosed with a mental disorder as identified in the most recent edition of the [DSM], including, but not limited to, bipolar disorder, schizophrenia, and schizoaffective disorder, but excluding a primary diagnosis of antisocial personality disorder, borderline personality disorder, and pedophilia, and who are presenting non-substance-induced psychotic symptoms, who have been found IST”; (2) that “there is a significant relationship between the individual’s serious mental disorder and the charged offense, or between the individual’s conditions of homelessness and the charged offense”; and, (3) that the “individual does not pose an unreasonable risk of danger to public safety […] if treated in the community.” (Welf. & Inst. Code, § 4361, subd. (c), emphasis added.)
Under existing law, DSH is required to implement a growth cap program for all counties for committed IST defendants. (Welf. & Inst. Code, § 4336.) DSH is required to charge counties penalty payments to implement the growth cap program. (Ibid.) For each IST determination that exceeds a specified baseline, a county must pay a specified penalty amount. (Welf. & Inst. Code, § 4336, subd. (b).) The penalty funds are deposited into the state Mental Health Diversion Fund. (Ibid.) The fund is used to support county activities that will divert individuals with serious mental illnesses away from the criminal justice system and lead to the reduction of felony IST determinations, including pre-and-post booking mental health diversion and reentry services for those who have been restored to competency. (Welf. & Inst. Code, § 4336, subd. (c).)
This statute specifies that the Mental Health Diversion Fund monies can be used for mental health diversion to serve those with serious mental illness and who are likely to be found IST, to prevent the IST determination and divert the individual from incarceration. (Welf. & Inst. Code, § 4336, subd. (c)(2)(B).) “The target population that shall be served are individuals diagnosed with a mental disorder as identified in the most recent edition of the [DSM], including, but not limited to, bipolar disorder, schizophrenia, and schizoaffective disorder but excluding a primary diagnosis of antisocial personality disorder, borderline personality disorder, and pedophilia, and who are presenting non-substance-induced psychotic symptoms.” (Welf. & Inst. Code, § 4336, subd. (c)(2)(B), emphasis added.)
This bill would remove the exclusion of BPD from
- Dismissals of Enhancements the Furtherance of Justice
Existing law authorizes a court to dismiss an action or to strike or dismiss an enhancement in the interests of justice. (Pen. Code, § 1385.) Existing law requires the court to consider and afford great weight to evidence offered by the defendant to prove specified mitigating circumstances are present, including when the offense is connected to a mental illness, as specified, but excluding antisocial personality disorder, BPD, and pedophilia. (Pen. Code, § 1385, subd. (c)(5).)
When SB 81 (Skinner), Ch. 721, Statutes of 2021 added mitigating factors that the court must consider and afford great weight to in Penal Code Section 1385, the mental health diversion law had already been enacted several years prior. In order to remain consistent with the definition of mental illness, SB 81 adopted the definition in the existing mental health diversion law. Since then the mental health diversion law has been amended to remove the exclusion of BPD. (AB 1412 (Hart), Ch. 687, Stats. 2023.)
This bill removes the exclusion of BPD as a qualifying mental illness for purpose of the court’s evaluation of mitigating circumstances for purposes of dismissing an enhancement in the furtherance of justice.
- Argument in Support
According to National Education Alliance for Borderline Personality Disorder:
This legislation is essential because it recognizes people diagnosed with BPD are unfairly excluded from California’s judicial options for people with mental health conditions, despite evidence showing that BPD treatment reduces criminal behavior, arrests, and recidivism in this population.
- A study published in the Journal of Forensic Psychiatry and Psychology in 2020 found that individuals with BPD who received Dialectical Behavior Therapy (DBT) had significantly fewer arrests than those who did not receive treatment (Murray et al., 2020).
- A review of 33 treatment trials for BPD analyzed data from 2,256 participants and discovered that treatment positively reduced BPD symptoms, self-harm, suicidality, and general psychopathology (Cristea et al., 2017).
- The Holloway Skills Therapy Program (HoST) was created in the UK specifically for incarcerated women with BPD. Those who finished the 8-week treatment saw a remarkable 88.2% decrease in disciplinary actions (Gee & Reed, 2013).
The exclusion of BPD from the list of eligible psychiatric diagnosis that are eligible for a determination of IST and the dismissal of penalty enhancements is not data driven, perpetuates harmful stigma about the disorder, and limits access to the necessary rehabilitative mental health treatment that both helps individuals recover their mental health and protect public safety. People with BPD make important contributions to society and deserve equitable and just treatment, and compassion. Treatment is essential for reducing the risk of suicide among people with BPD, as self-harming behaviors are common in BPD, and 10% of people with BPD die by suicide, a higher rate than any other psychiatric disorder.
The overwhelming consensus among scholars is that BPD is treatable, and psychotherapy is the first-line intervention for BPD. People with BPD deserve the judicial options that are currently available to people with other mental health diagnoses.
-- END –
ASSEMBLY THIRD READING
ATR Bill Id:AB 3077
Author:(Hart)
As Amended Ver:March 11, 2024
Majority vote
SUMMARY
Removes borderline personality disorder (BPD) as an exclusion for mental health diversion for defendants found incompetent to stand trial (IST), as specified, and as an exclusion to dismiss a sentence enhancement in furtherance of justice.
Major Provisions
COMMENTS
According to the Author
"Borderline personality disorder (BPD) affects 2-6% of the population with slightly higher rates among women and younger individuals. Current law allows for individuals diagnosed with post-traumatic stress, bipolar disorder, schizophrenia and schizoaffective disorder to be eligible for incompetent to stand trial. BPD is characterized by a pervasive pattern of instability in behavior, mood, identity and interpersonal relationships. The exclusion of BPD is not data driven, perpetuates harmful stigma about the disorder, and limits access to mental health treatment. [This bill] aims to increase equity within the justice system for individuals living with BPD and help reduce recidivism rates."
Arguments in Support
According to Emotions Matter, Inc., "This legislation is essential because it recognizes people diagnosed with BPD are unfairly excluded from California's judicial options for people with mental health conditions, despite evidence showing that BPD treatment reduces criminal behavior, arrests, and recidivism in this population. […]
"The exclusion of BPD from the list of eligible psychiatric diagnosis that are eligible for a determination of IST and the dismissal of penalty enhancements is not data driven, perpetuates harmful stigma about the disorder, and limits access to the necessary rehabilitative mental health treatment that both helps individuals recover their mental health and protect public safety. People with BPD make important contributions to society and deserve equitable and just treatment, and compassion. Treatment is essential for reducing the risk of suicide among people with BPD, as self-harming behaviors are common in BPD, and 10% of people with BPD die by suicide, a higher rate than any other psychiatric disorder.
"The overwhelming consensus among scholars is that BPD is treatable, and psychotherapy is the first-line intervention for BPD. People with BPD deserve the judicial options that are currently available to people with other mental health diagnoses.
"[This bill] is an important step in the right direction toward providing equitable and just treatment to people with BPD.
Arguments in Opposition
None Submitted.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, "No significant state costs. Possible future cost savings to the Department of State Hospitals (DSH) to the extent more IST defendants receive treatment in county mental health diversion programs instead of DSH facilities. Possible future incarceration cost savings to the extent the bill results in shorter sentences for defendants with BPD diagnoses."
VOTES
ASM PUBLIC SAFETY: 6-0-2
YES: McCarty, Stephanie Nguyen, Reyes, Ting, Wilson, Zbur
ABS, ABST OR NV: Alanis, Lackey
ASM APPROPRIATIONS: 11-4-0
YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua
NO: Sanchez, Dixon, Jim Patterson, Ta
UPDATED
VERSION: March 11, 2024
CONSULTANT: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0002747
Date of Hearing: April 17, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 3077
Author:(Hart) – As Amended Ver:March 11, 2024
Policy Committee: | Public Safety | Vote: | 6 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill removes exclusions in existing law that prevent a criminal defendant with a borderline personality disorder (BPD) diagnosis from having a sentencing enhancement dismissed in the furtherance of justice, and from participating in a county mental health diversion program after they are deemed incompetent to stand trial (IST).
FISCAL EFFECT:
No significant state costs. Possible future cost savings to the Department of State Hospitals (DSH) to the extent more IST defendants receive treatment in county mental health diversion programs instead of DSH facilities. Possible future incarceration cost savings to the extent the bill results in shorter sentences for defendants with BPD diagnoses.
COMMENTS:
- Purpose. According to the author:
Borderline personality disorder (BPD) affects 2-6% of the population with slightly higher rates among women and younger individuals. Current law allows for individuals diagnosed with post-traumatic stress, bipolar disorder, schizophrenia and schizoaffective disorder to be eligible for incompetent to stand trial. BPD is characterized by a pervasive pattern of instability in behavior, mood, identity and interpersonal relationships. The exclusion of BPD is not data driven, perpetuates harmful stigma about the disorder, and limits access to mental health treatment. AB 3077 aims to increase equity within the justice system for individuals living with BPD and help reduce recidivism rates.
- Background. Mental Health Diversion. A criminal defendant who has been deemed IST must be restored to competency before the prosecution of the criminal case against them may proceed. IST defendants are usually committed to a DSH facility for mental health treatment that results in restoration to competency. However, if the court determines an IST defendant is eligible for mental health diversion, the defendant may be placed in a county mental health diversion program instead of waiting for an available bed at DSH. If the defendant successfully completes diversion, the criminal charges against them are dismissed. If the defendant does not successfully complete diversion, the criminal proceedings resume once the defendant is deemed competent to stand trial. Last year, the Governor signed AB 1412 (Hart), Chapter 687, Statutes of 2023, which removed BPD from the list of mental diagnoses that exclude a criminal defendant from eligibility for pretrial mental health diversion.
However, under current law, a county mental health diversion program that receives funding from DSH may not accept an IST defendant with a primary diagnosis of BPD. This bill eliminates the exclusion for BPD, allowing a county mental health diversion program that receives DSH funds to accept an IST defendant with a BPD diagnosis. This will allow qualifying IST defendants to be treated at the county level rather than waiting for a bed in DSH, potentially helping to alleviate DSH’s significant backlog of IST cases requiring treatment.
Dismissal in the Furtherance of Justice. Existing law gives a court discretion to dismiss a sentencing enhancement if doing so is in the interest of justice. When determining whether dismissal is in the interest of justice, the court is required to give great weight to evidence of mitigating circumstances provided by a defendant, including evidence that the criminal offense is connected to a defendant’s mental illness. However, existing law does not allow a court to dismiss a sentencing enhancement on the basis of a BPD diagnosis. This bill removes the BPD exclusion from the existing statute, allowing a court to weigh evidence about whether a defendant’s crime was connected to their BPD when considering whether to dismiss a sentencing enhancement in the interest of justice. The actual number of potentially affected criminal defendants is unknown, but to the extent this bill results in dismissal of more sentencing enhancements, it may result in some future cost savings to county jails and state prisons.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: April 2, 2024
Counsel: Liah Burnley
ASSEMBLY COMMITTEE ON
Kevin McCarty, Chair
ABPCA Bill Id:
Author:() – As Ver:
SUMMARY:
Removes borderline personality disorder (BPD) as an exclusion for mental health diversion for defendants found incompetent to stand trial (IST), as specified, and as an exclusion to dismiss a sentence enhancement in furtherance of justice.
EXISTING LAW:
- Requires a court to dismiss an enhancement if it is in the furtherance of justice to do so, except if prohibited by any initiative statute. (Pen. Code, § 1385, subd. (c)(1).)
- Requires the court, when dismissing an enhancement, to consider and afford great weight to evidence offered by the defendant to prove if any specified mitigating circumstances are present, including among others, whether the current offense is connected to mental illness. (Pen. Code, § 1385, subd. (c)(2).)
- Provides that, proof of one or more of the specified mitigating circumstances weighs greatly in favor of dismissing the enhancement, unless the court finds that dismissal of the enhancement would endanger public safety. “Endanger public safety” means there is a likelihood that the dismissal of the enhancement would result in physical injury or other serious danger to others. (Pen. Code, § 1385, subd. (c)(2).)
- Specifies, for the purposes of dismissing a sentence enhancement, a mental illness is a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder but excluding antisocial personality disorder, BPD, and pedophilia. (Pen. Code, § 1385, subd. (c)(5).)
- Specifies the process for the commitment and treatment of defendants found IST. (Pen. Code, § 1370.)
- Requires defendants found IST to be committed to the Department of State Hospitals (DSH), a treatment facility, or on outpatient treatment for restoration of competency. (Pen. Code, § 1370, subd. (a).)
- Allows the court to make a finding that an IST defendant is the appropriate candidate for mental health diversion, in lieu of commitment for restoration of competency. (Pen. Code, § 1370, subd. (a)(1)(B)(iv)(I).)
- Requires, if an IST defendant is found by the court to be an appropriate candidate for mental health diversion, the defendant’s eligibility shall be determined pursuant to the mental health diversion statue, Penal Code section 1001.36. (Pen. Code, § 1370, subd. (a)(1)(B)(v).)
- Sets forth the eligibility criteria for mental health diversion, including among other things, that the defendant has been diagnosed with a mental disorder as identified in the most recent edition of the DSM, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, but excluding antisocial personality disorder and pedophilia. (Pen. Code, § 1001.36.)
- States that the purpose of mental health diversion is to mitigate the entry and reentry of individuals with mental health disorders into the criminal justice system while protecting public safety. (Pen. Code, § 1001.35.)
- States the intent to promote the diversion of individuals with serious mental disorders pursuant to the mental health diversion statute, and to assist counties in providing diversion for individuals with serious mental illnesses who have been found IST and committed to the DSH for restoration of competency. (Welf. & Inst. Code, § 4361.)
- Allows DSH to solicit proposals and contract with counties to help fund the development or expansion of pretrial mental health diversion for individuals with serious mental disorders and that meets all of the following criteria:
- Participants are individuals diagnosed with a mental disorder as identified in the most recent edition of the DSM, including, but not limited to, bipolar disorder, schizophrenia, and schizoaffective disorder, but excluding a primary diagnosis of antisocial personality disorder, BPD, and pedophilia, and who are presenting non-substance-induced psychotic symptoms, who have been found IST;
- There is a significant relationship between the individual’s serious mental disorder and the charged offense, or between the individual’s conditions of homelessness and the charged offense; and,
- The individual does not pose an unreasonable risk of danger to public safety if treated in the community.
- Requires DSH to implement a growth cap program for all counties for IST individuals committed to DSH and requires DSH to charge counties penalty payments as to implement the growth cap program. (Welf. & Inst. Code, § 4336.)
- Creates the Mental Health Diversion Fund in the State Treasury to receive the penalty payments from each county. The fund shall be used to support county activities that will divert individuals with serious mental illnesses away from the criminal justice system and lead to the reduction of felony IST determinations. (Welf. & Inst. Code, § 4336, subd. (c)(1).)
- Provides that activities supported by the Mental Health Diversion Fund shall include one or more of the following:
- Prebooking mental health diversion to serve those with serious mental illness and prevent their felony arrest. The target population that shall be served are individuals demonstrating psychosis manifesting as hallucinations, delusions, disorganized thoughts, or disorganized behavior at the time of the interaction;
- Postbooking mental health diversion to serve those with serious mental illness and who are likely to be found IST, to prevent the IST determination and divert the individual from incarceration. The target population that shall be served are individuals diagnosed with a mental disorder as identified in the most recent edition of the DSM, including, but not limited to, bipolar disorder, schizophrenia, and schizoaffective disorder but excluding a primary diagnosis of antisocial personality disorder, BPD, and pedophilia, and who are presenting non-substance-induced psychotic symptoms; and,
- Reentry services and support to serve those who have been restored to competency following a felony IST commitment and directly released to the community from jail. (Welf. & Inst. Code, § 4336, subd. (c)(2).)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author’s Statement: According to the author, “Borderline personality disorder (BPD) affects 2-6% of the population with slightly higher rates among women and younger individuals. Current law allows for individuals diagnosed with post-traumatic stress, bipolar disorder, schizophrenia and schizoaffective disorder to be eligible for incompetent to stand trial. BPD is characterized by a pervasive pattern of instability in behavior, mood, identity and interpersonal relationships. The exclusion of BPD is not data driven, perpetuates harmful stigma about the disorder, and limits access to mental health treatment. AB 3077 aims to increase equity within the justice system for individuals living with BPD and help reduce recidivism rates.”
- Mental Health Diversion for IST Defendants: The purpose of mental health diversion is to “mitigate individuals’ entry and reentry into the criminal justice system while protecting public safety.” (Pen. Code, § 1001.35.) A defendant is eligible for mental health diversion if they are “diagnosed with a mental disorder as identified in the most recent edition of the [DSM], including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, but excluding antisocial personality disorder and pedophilia.” (Pen. Code, § 1001.36, subd. (b)(1).) Until this year, BPD was also listed as an excluded disorder in this statute. The Legislature passed AB 1412 (Hart), Chapter 687, Statutes of 2023, which removed BPD as an exclusion for mental health diversion.
IST defendants are generally committed to DSH for restoration of competency. (Welf. & Inst. Code, § 1370.) There is a statewide waitlist crisis for defendants who are IST awaiting transfer to a state hospital to receive treatment to restore their competency. DSH has seen an unprecedented growth in referrals in recent years. (DSH, Governor’s Budget Proposals and Estimates (Jan. 10, 2024) at p. 16. Available at: <https://www.dsh.ca.gov/About_Us/docs/2024-25_Governors_Budget_Estimate.pdf> [as of Feb. 20, 2024].) The number of IST defendants in California exceeds the number of beds DSH had available to treat them and IST defendants languish in county jail waiting to be transferred to a DSH facility. (People v. Kareem A. (2020) 46 Cal.App.5th 58, 63-64.) In Stiavetti v. Clendenin (2021), 65 Cal.App.5th 691, a court of appeal held that the state’s long waitlist for competency restoration treatment violates the due process rights of people found IST. (Committee on the Revision of the Penal Code, Annual Report and Recommendations (Dec. 2022), at pp. 50-55. Available at: <http://www.clrc.ca.gov/CRPC/Pub/Reports/CRPC_AR2022.pdf> [as of Feb. 20, 2024].) The court ordered the state to ensure that, by February 27, 2024, all IST defendants access treatment within 28 days. (Ibid.)
If a defendant can benefit from mental health diversion, the court may make a finding that the defendant is an appropriate candidate for diversion, and the defendant can be diverted in lieu of a DSH commitment. (Ibid.) To be diverted, an IST defendant must meet the eligibility requirements specified in the mental health diversion statute. (Pen. Code, § 1370, subd. (a)(1)(B)(iv).) To address the snowballing waitlist for DSH commitments, the Legislature authorized DSH to contract with counties to help fund the development and expansion of pretrial mental health diversion. (Welf. & Inst. Code, § 4361, subd. (a).) This would also “promote the diversion of individuals with serious mental disorders” and to “assist counties in providing diversion for individuals with serious mental illnesses who have been found IST and committed to DSH.” (Ibid.)
However, the statute provides that DSH may only contract with a county to help fund the development or expansion of pretrial mental health diversion that meets specified criteria, including: (1) that the diversion is for individuals “diagnosed with a mental disorder as identified in the most recent edition of the [DSM], including, but not limited to, bipolar disorder, schizophrenia, and schizoaffective disorder, but excluding a primary diagnosis of antisocial personality disorder, borderline personality disorder, and pedophilia, and who are presenting non-substance-induced psychotic symptoms, who have been found IST”; (2) that “there is a significant relationship between the individual’s serious mental disorder and the charged offense, or between the individual’s conditions of homelessness and the charged offense”; and, (3) that the “individual does not pose an unreasonable risk of danger to public safety […] if treated in the community.” (Welf. & Inst. Code, § 4361, subd. (c).)
This bill would eliminate the requirement that the county mental health diversion program exclude individuals diagnosed with BPD in order to receive DSH funds. In so doing, this bill could help further reduce the DSH backlog by expanding diversion eligibility. Further, excluding IST defendants based solely on their diagnosis of BPD, and making them languish in jail waiting for treatment to restore competency, while there are other avenues available for their treatment, is simply unfair—especially where the person does not pose an unreasonable risk of danger to public safety if treated in the community, and they would otherwise be eligible under the mental health diversion statute.
Under existing law, DSH is required to implement a growth cap program for all counties for committed IST defendants. (Welf. & Inst. Code, § 4336.) DSH is required to charge counties penalty payments to implement the growth cap program. (Ibid.) For each IST determination that exceeds a specified baseline, a county must pay a specified penalty amount. (Welf. & Inst. Code, § 4336, subd. (b).) The penalty funds are deposited into the state Mental Health Diversion Fund. (Ibid.) The fund is used to support county activities that will divert individuals with serious mental illnesses away from the criminal justice system and lead to the reduction of felony IST determinations, including pre-and-post booking mental health diversion and reentry services for those who have been restored to competency. (Welf. & Inst. Code, § 4336, subd. (c).)
This statute specifies that the Mental Health Diversion Fund monies can be used for mental health diversion to serve those with serious mental illness and who are likely to be found IST, to prevent the IST determination and divert the individual from incarceration. (Welf. & Inst. Code, § subd. (c)(2)(B).) “The target population that shall be served are individuals diagnosed with a mental disorder as identified in the most recent edition of the [DSM], including, but not limited to, bipolar disorder, schizophrenia, and schizoaffective disorder but excluding a primary diagnosis of antisocial personality disorder, borderline personality disorder, and pedophilia, and who are presenting non-substance-induced psychotic symptoms.” (Welf. & Inst. Code, § 4336, subd. (c)(2)(B).)
Current law prevents counties from receiving funds to divert individuals with BPD. This bill would remove this exemption. As such, counties would be able to receive funds for activities to further encourage people diagnosed with BPD to mental health diversion in order to prevent their incarceration and potential IST determination.
- Dismissals in the Furtherance of Justice: This bill would remove BPD as an exclusion for dismissing sentence enhancements.
Penal Code section 1385 gives courts discretion to dismiss an action if it is in “furtherance of justice.” (Pen. Code, § 1385, subd. (a).) The word “action” includes sentencing enhancements. (Pen. Code, § 1385, subd. (b)(1); see also, People v. Thomas (1992) 4 Cal.4th 206, 209.) SB 81 (Skinner), Chapter 721, Statutes of 2021, requires the court to dismiss an enhancement if it is in the interest of justice to do so. (Pen. Code, § 1385, subd. (c).) In so doing, the court is required to “consider and afford great weight to evidence offered by the defendant to prove specified mitigating circumstances are present.” (Pen. Code, § 1385, subd. (c)(2).) Proof of the presence of one or more of the specified circumstances weighs greatly in favor of dismissing the enhancement. (Ibid.) Among others, one such circumstance is that “the current offense is connected to a mental illness.” (Pen. Code, § 1385, subd. (c)(2)(D).)
The statute further specifies that “a mental illness is a mental disorder as identified in the most recent edition of the [DSM], including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder but excluding antisocial personality disorder, borderline personality disorder, and pedophilia.” (Pen. Code, § 1385, subd. (c)(5) (Emphasis added).)
Accordingly, when an individual is diagnosed with BPD, the court is not required to dismiss the enhancement, even if doing so would not endanger public safety and would serve the interests of justice. However, for individuals with similar mental health conditions, such as bipolar disorder, the court would be compelled to dismiss the enhancement under identical circumstances. It is inherently unjust that an individual who poses no threat to public safety cannot have their enhancement dismissed, particularly when it serves the interests of justice, solely due to their mental health diagnosis.
- Under Existing Law, Some Individuals with BPD May Be Eligible for Dismissals, While Others May Be Unfairly Excluded: In Negron v. Superior Court (2021) 70 Cal.App.5th 1007, the California Court of Appeal reviewed the mental health diversion statute. The court determined that a “Defendant’s antisocial personality disorder (ASPD) did not disqualify him from mental health diversion, even though ASPD is expressly excluded in the statute, because the defendant also suffered from several qualifying mental health disorders. (Ibid.) The court reasoned that the mental health diversion statute simply disallowed defendants from establishing eligibility for diversion based on an excluded disorder. “Suffering from an excluded disorder does not categorically bar defendants from establishing eligibility based on a different, qualifying disorder.” (Id., at p. 1016.) Otherwise put, the court determined that a defendant is eligible for mental health diversion “so long as he or she suffers from a qualifying disorder, even if he or she is also diagnosed with an excluded disorder.” (Ibid.)
The court further opined that, “It is entirely predictable, and thus certainly within the contemplation of the Legislature, that a person might suffer from included and excluded disorders. Because [the statute] requires suffering only one included disorder, the Legislature would have been aware a defendant could still meet that requirement notwithstanding suffering from a disorder [the statute] designates as excluded. Had the Legislature intended to wholly preclude from diversion any person diagnosed with an excluded disorder (regardless of concurrently suffering from included disorders), the sentence phrasing of [the statute] would have shifted from simply listing excluded disorders to disqualifying persons with any of the excluded disorders.” (Negron v. Superior Court, supra, at p. 1017.)
Like the mental health diversion statute, the current dismissal statute suffers from the same defect.[1] (See, e.g. Pen. Code, §§ 1385, subd. (c)(5).) Therefore, consistent with the court’s reasoning in Negron v. Superior Court, under existing law a person who has BPD and other mental disorders would be required to have their enhancements dismissed, but a person who only has BPD is not eligible. It is inequitable that a person diagnosed with multiple mental health disorders could receive this benefit, but a person diagnosed with BPD only cannot.
- Advancements in Treatment of BPD: BPD is characterized by intense, rapidly fluctuating moods combined with impulsivity and interpersonal difficulties.[2] BPD has been used for decades to “label patients who are ‘hopeless’, those who get therapists upset, and is one of the most controversial mental health diagnoses.”[3] BPD can be a difficult diagnosis because of similarities to other conditions, particularly mood disorders. The validity of the current criteria for BPD shares problems with other psychiatric disorders: namely, the absence of biological markers, unclear delimitation from other disorders. The diagnostic criteria for BPD allow for 256 different combinations of symptoms that could lead to a diagnosis.[4]
In the past, treatment of BPD was considered challenging, but interventions have been developed over the past two decades that have dramatically changed the lives of individuals with BPD.[5] There have been advances in our understanding and treatment approaches to BPD, which preclude dismissing BPD as an untreatable condition. For example, psychotherapy is the most important component in the treatment of BPD, which results large reductions in symptoms that persist over time. The most popular treatment for BPD is dialectical behavior therapy (DBT). DBT consists of weekly individual sessions and weekly life-skills group sessions that teach skills in four domains: mindfulness, distress tolerance, regulation of emotions and interpersonal effectiveness. (Biskin RS, Paris J., supra.) In addition to DBT, there are other effective psychotherapies for BPD including schema-focused therapy, mentalization-based therapy, systems training for emotional predictability and problem-solving, and transference-focused psychotherapy. (Lee JS., Borderline Personality Disorder in the Courtroom (June 2020) <https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8547869/> [as of March 17, 2024].) Pharmacologic treatments have also been effective in treating BPD. Medications commonly used for mood and psychotic disorders have shown modest efficacy in improving the mood and behavior of BPD patients, including mood stabilizers and antipsychotics. (Ibid.) - Disparate Treatment of Personality Disorders in the Criminal Justice System: Within the criminal justice system, there has been a strong push to exclude personality disorders, like BPD, from the types of mental illnesses potentially significant enough to warrant exculpation of fault or consideration of decreased criminal responsibility. (Johnson SC, Elbogen EB. Personality Disorders at the Interface of Psychiatry and the Law: Legal Use and Clinical Classification (June 2013) <https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3811091/> [as of March 17, 2024].) “Some state statutes (ie, California and Oregon) go as far as excluding all personality disorders with respect to the insanity defense.” (Ibid; see also Pen. Code, § 29 [not guilty by reason of insanity defense not allowed solely on the basis of a “personality or adjustment disorder, a seizure disorder, or an addiction to, or abuse of, intoxicating substances.”].) “Perhaps because of their relatively high prevalence within the criminal justice system, personality disorders have to some degree lost their identity as mental illnesses, and instead are often seen as common population characteristics.” (Ibid.) The diagnoses of certain personality disorders are among the most frequently made diagnoses within offender and prison populations. (Ibid.) “Their expression no longer falls outside of the norms when the offender population is considered the population of concern; thus, they lose their usefulness as differentiating factors within at least part of the legal system.” (Ibid.)
As explained more fully above, there have been significant advances in our understanding of BPD, and it is no longer considered untreatable. With our progressed understanding of BPD, as well advancements in its treatment, it would be prudent to reevaluate the management of individuals with BPD in the criminal justice system. Wholly discounting BPD from mental health diversion and dismissals in the interest of justice excludes an entire class of defendants who otherwise could be amenable to treatment, and whose reentry into the criminal justice system might otherwise be prevented. Consistent with this updated understanding of BPD, this bill builds upon the progress made by legislation last year that removed BPD as an exclusion for mental health diversion. (AB 1412 (Hart), Chapter 687, Statutes of 2023.)
- Argument in Support: According to Emotions Matter, Inc., “This legislation is essential because it recognizes people diagnosed with BPD are unfairly excluded from California’s judicial options for people with mental health conditions, despite evidence showing that BPD treatment reduces criminal behavior, arrests, and recidivism in this population. […]
“The exclusion of BPD from the list of eligible psychiatric diagnosis that are eligible for a determination of IST and the dismissal of penalty enhancements is not data driven, perpetuates harmful stigma about the disorder, and limits access to the necessary rehabilitative mental health treatment that both helps individuals recover their mental health and protect public safety. People with BPD make important contributions to society and deserve equitable and just treatment, and compassion. Treatment is essential for reducing the risk of suicide among people with BPD, as self-harming behaviors are common in BPD, and 10% of people with BPD die by suicide, a higher rate than any other psychiatric disorder.
“The overwhelming consensus among scholars is that BPD is treatable, and psychotherapy is the first-line intervention for BPD. People with BPD deserve the judicial options that are currently available to people with other mental health diagnoses.
“AB 3077 is an important step in the right direction toward providing equitable and just treatment to people with BPD.
- Related Legislation: AB 3037 (Essayli) would prohibit a court from dismissing a firearms-related enhancement. AB 3037 is pending hearing in this Committee.
- Prior Legislation:
- AB 1412 (Hart), Chapter 687, Statutes of 2023, removed BPD from the mental disorders excluding a defendant from eligibility for pretrial mental health diversion.
- AB 27 (Ta), of the 2023-2024 Legislative Session, would have prohibited a court from dismissing a firearms-related enhancement. AB 27 failed passage in this Committee.
- AB 328 (Essayli), of the 2023-2024 Legislative Session, would have prohibited a court from dismissing a firearms-related enhancement. AB 328 failed passage in this Committee.
- AB 1310 (McKinnor), of the 2023-2024 Legislative Session, would have allowed individuals with a firearm enhancement to file a court petition for resentencing, but excludes individuals with certain mental disorders, including BPD. AB 1310 was held under submission in Senate Appropriations Committee.
- SB 63 (Ochoa Bogh), of the 2023-2024 Legislative Session, would have established a Homeless and Mental Health Court Grant Program that excluded individuals with certain mental health disorders, including BPD. SB 63 failed passage in the Senate Appropriations Committee.
- SB 81 (Skinner), Chapter 721, Statutes of 2021, required a court to dismiss an enhancement, if it is in the furtherance of justice, when specific circumstances, such as mental health issues are present, but excluded BPD.
- AB 1412 (Hart), Chapter 687, Statutes of 2023, removed BPD from the mental disorders excluding a defendant from eligibility for pretrial mental health diversion.
REGISTERED SUPPORT / OPPOSITION:
Support
California Council of Community Behavioral Health Agencies (Sponsor)
California Attorneys for Criminal Justice
California Public Defenders Association
Emotions Matter INC
Erzule Paul Foundation
National Alliance on Mental Illness
National Education Alliance for Borderline Personality Disorder
Pathpoint
Prc Baker Places / Black Leadership Council
77 Private Individuals
Opposition
None
Analysis Prepared by:
In comparison, the IST diversion statutes exclude BPD if it is the person’s “primary diagnosis.” (See, Welf. & Inst. Code, §§ 4361, subd. (c)(1)(A) & 4336, subd. (c)(2)(B).) ↑
Biskin RS, Management of Borderline Personality Disorder (Nov. 2012) <https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3503902/> [as of March 17, 2024]. ↑
Al-Alem, Linah and Omar, Hatim A., Borderline Personality Disorder: An Overview of History, Diagnosis and Treatment in Adolescents (2008) Pharmacology and Nutritional Sciences Faculty Publications. ↑
Biskin RS, Paris J., Diagnosing Borderline Personality Disorder (Nov 2012) <https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3494330/> [as of March 17, 2024]. ↑
Ibid. ↑
Bill Author
Bill Co-Author(s):