Bill Text: CA SB665 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Mental Health Services Fund: county jails.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-08-20 - August 20 hearing: Held in committee and under submission. [SB665 Detail]

Download: California-2019-SB665-Amended.html

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Amended  IN  Senate  April 10, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 665

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Introduced by Senator Umberg

February 22, 2019

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An act to amend Section 212 of the Penal Code, relating to crimes. An act to amend Section 5813.5 of the Welfare and Institutions Code, relating to mental health, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

SB 665, as amended, Umberg. Robbery: fear. Mental Health Services Fund: county jails.

Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services. The MHSA establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs. Existing law prohibits MHSA funds from being used to pay for persons incarcerated in state prison or parolees from state prisons. The MHSA authorizes its provisions to be amended by the Legislature by a ²/₃ vote of the Legislature if the amendment is consistent with and furthers the intent of the act, and authorizes the Legislature to clarify procedures and terms of the act by majority vote.

Existing law, the 2011 Realignment Legislation addressing public safety and related statutes, requires that certain specified felonies be punished by a term of imprisonment in a county jail, rather than the state prison, and provides for mandatory supervision, a period of suspended execution of a concluding portion of the sentence that is supervised by the county probation officer.

This bill would authorize a county to use MHSA funds, if that use is included in the county plan, to provide services to persons who are incarcerated in a county jail or subject to mandatory supervision, except persons who are incarcerated in a county jail, or subject to mandatory supervision, for a conviction of a felony. By allocating moneys in the Mental Health Services Fund for a new purpose, this bill would make an appropriation. The bill would also declare that it clarifies procedures and terms of the MHSA.

Existing law defines the crime of robbery as the felonious taking of personal property in the possession of another, from the victim’s person or immediate presence, and against that person’s will, accomplished by means of force or fear. Existing law describes fear for this purpose to be either the fear of an unlawful injury to the person or property of the person robbed or of a relative of that person or a member of that person’s family, or the fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery.

This bill would make technical, nonsubstantive changes to that description.

Digest Key

Vote: MAJORITY   Appropriation: NOYES   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 5813.5 of the Welfare and Institutions Code is amended to read:

5813.5.

 Subject to the availability of funds from the Mental Health Services Fund, the state shall distribute funds for the provision of services under Sections 5801, 5802, and 5806 to county mental health programs. Services shall be available to adults and seniors with severe illnesses who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3. For purposes of this act, seniors “seniors” means older adult persons identified in Part 3 (commencing with Section 5800) of this division.

(a) Funding shall be provided at sufficient levels to ensure that counties can provide each adult and senior served pursuant to this part with the medically necessary mental health services, medications, and supportive services set forth in the applicable treatment plan.

(b) The funding shall only cover the portions of those costs of services that cannot be paid for with other funds funds, including other mental health funds, public and private insurance, and other local, state, and federal funds.

(c) Each county mental health program’s plan shall provide for services in accordance with the system of care for adults and seniors who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3.

(d) Planning for services shall be consistent with the philosophy, principles, and practices of the Recovery Vision for mental health consumers:

(1) To promote concepts key to the recovery for individuals who have mental illness: hope, personal empowerment, respect, social connections, self-responsibility, and self-determination.

(2) To promote consumer-operated services as a way to support recovery.

(3) To reflect the cultural, ethnic, and racial diversity of mental health consumers.

(4) To plan for each consumer’s individual needs.

(e) The plan for each county mental health program shall indicate, subject to the availability of funds as determined by Part 4.5 (commencing with Section 5890) of this division, and other funds available for mental health services, adults and seniors with a severe mental illness being served by this program are either receiving services from this program or have a mental illness that is not sufficiently severe to require the level of services required of this program.

(f) Each county plan and annual update pursuant to Section 5847 shall consider ways to provide services similar to those established pursuant to the Mentally Ill Offender Crime Reduction Grant Program. Notwithstanding any other law and consistent with subdivision (a) of Section 5891, funds may be used, if that use is included in the county plan pursuant to Section 5847, to provide services to persons who are incarcerated in a county jail or subject to mandatory supervision, except as otherwise provided in this subdivision. Funds shall not be used to pay for persons who are incarcerated in a county jail, or subject to mandatory supervision, for a conviction of a felony or for persons incarcerated in the state prison or parolees on parole from the state prisons. When prison. If included in county plans pursuant to Section 5847, funds may be used for the provision of mental health services under Sections 5347 and 5348 in counties that elect to participate in the Assisted Outpatient Treatment Demonstration Project Act of 2002 (Article 9 (commencing with Section 5345) of Chapter 2 of Part 1).

(g) The department shall contract for services with county mental health programs pursuant to Section 5897. After the effective date of this section, the November 2, 2004, the term grants referred to “grants,” as used in Sections 5814 and 5814.5 shall refer refers to such those contracts.

SEC. 2.

 The Legislature finds and declares that this act clarifies procedures and terms of the Mental Health Services Act within the meaning of Section 18 of the Mental Health Services Act.

SECTION 1.Section 212 of the Penal Code is amended to read:

212.

The fear described in Section 211 may be either of the following:

(a)The fear of an unlawful injury to the person or property of the person robbed, or of a relative of that person or a member of that person’s family.

(b)The fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery.