SB 1282

Bill Subjects

Abstract

Existing law describes the circumstances under which a person is deemed confined in a "state prison," including when the person is committed to a facility of the Department of Corrections and Rehabilitation or when the person is temporarily outside its walls or bounds for the purpose of serving on a work detail or for the purpose of confinement in a local correctional institution pending trial. Existing law provides that a person who is confined in the state prison who commits a crime, such as possessing or manufacturing a weapon, such as a weapon commonly known as a blackjack, committing a battery on a person who is not confined in a state prison, or escaping or attempting to escape from the state prison, is guilty of a felony punishable by imprisonment in the state prison for additional terms, as specified, to be served consecutively. Existing law also provides that mentally ill, mentally deficient, or insane persons who are confined to the state prison may be treated at a state hospital if the Secretary of Corrections and Rehabilitation believes that the person's rehabilitation may be expedited by that treatment. Existing law requires that a prisoner who meets certain specified criteria relating to having a severe mental disorder be treated by the State Department of Mental Health as a condition of parole. This bill would provide that a person is deemed "confined in" a prison if he or she is either transferred to a state hospital pursuant to the above provisions of existing law or, as a condition of parole, is required to be treated in a state hospital by the State Department of Mental Health. By changing the classification of certain crimes, such as possessing a weapon commonly known as a blackjack when committed by persons who are receiving mental health treatment, from a misdemeanor to a felony, the bill would impose additional duties on local prosecuting entities, thereby creating a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.