Amended
IN
Assembly
June 23, 2021 |
Amended
IN
Senate
April 29, 2021 |
Amended
IN
Senate
April 15, 2021 |
Introduced by Senator Stern |
February 04, 2021 |
(2)(A)Refer the matter to any other available collaborative justice, diversion court, or community-based treatment appropriate to the goal of improving the mental health of the defendant pursuant to subparagraph (B). The term on diversion or mandatory treatment pursuant to this section shall not exceed one year from the date the individual is accepted or the maximum term of imprisonment provided by law for the most serious offense charged in the misdemeanor complaint, whichever is shorter. Criminal proceedings shall remain suspended until diversion or mandatory treatment is terminated.
(B)A referral to collaborative justice, diversion court, or community-based treatment shall be made only if all of
the following apply:
(i)The entity receiving the referral agrees to accept responsibility for the treatment of the defendant.
(ii)Mental health services are provided only to the extent that resources are available.
(iii)The defendant is eligible for the mental health services specified under clause (ii).
(3)Dismiss the charges pursuant to Section 1385. If the criminal action is dismissed, the court shall transmit a copy of the order of dismissal to the county mental health director or the director’s designee.
(c)
(d)If any of the following circumstances exists, the court shall, after notice to the defendant, defense counsel, and the prosecution, hold a hearing to determine whether the mandatory treatment pursuant to subdivision (b) should be modified or whether the defendant should be referred to the county conservatorship investigator for the county of commitment for possible conservatorship proceedings for the defendant pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code:
(1)The
defendant is charged with an additional misdemeanor allegedly committed during diversion that reflects the defendant’s propensity for violence.
(2)The defendant is charged with a felony allegedly committed during diversion.
(3)The defendant engaged in criminal conduct rendering the defendant unsuitable for diversion.
(4)Based on the opinion of a qualified mental health expert whom the court deems appropriate, either of the following circumstances exist:
(A)The defendant is performing unsatisfactorily in the assigned program.
(B)The defendant is gravely disabled, as defined in subparagraph
(A) of paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code. A defendant shall only be referred to the conservatorship investigator pursuant to this finding. Any hearings required in the conservatorship proceedings shall be held in the superior court in the county that ordered the commitment. The court shall transmit a copy of the order directing initiation of conservatorship proceedings to the county mental health director or the director’s designee and shall notify the county mental health director or the director’s designee of the outcome of the proceedings to initiate conservatorship proceedings pursuant to Sections 5352 and 5352.5 of the Welfare and Institutions Code. Before establishing a conservatorship, the public guardian shall investigate all available alternatives to conservatorship pursuant to Section 5354 of the Welfare and Institutions Code. If the outcome
of the conservatorship proceedings results in the establishment of conservatorship, the charges shall be dismissed pursuant to Section 1385.
(e)