Article 3.5. Council On Mentally Ill Offenders of California Penal Code >> Title 7. >> Part 3. >> Chapter 5. >> Article 3.5.
(a) The Council on Mentally Ill Offenders is hereby
established within the Department of Corrections and Rehabilitation.
The council shall be composed of 12 members, one of whom shall be the
secretary of the department who shall be designated as the
chairperson, one of whom shall be the Director of State Hospitals,
one of whom shall be the Director of Health Care Services, and nine
of whom shall be appointed. The Governor shall appoint three members,
at least one of whom shall represent mental health. The Senate
Committee on Rules shall appoint two members, one representing law
enforcement and one representing mental health. The Speaker of the
Assembly shall appoint two members, one representing law enforcement
and one representing mental health. The Attorney General shall
appoint one member. The Chief Justice of the California Supreme Court
shall appoint one member who shall be a superior court judge.
(b) The council shall select a vice chairperson from among its
members. Six members of the council shall constitute a quorum.
(c) The Director of State Hospitals and the Director of Health
Care Services shall serve as the liaison to the California Health and
Human Services Agency and any departments within that agency
necessary to further the purposes of this article.
(d) Members of the council shall receive no compensation, but
shall be reimbursed for actual and necessary travel expenses incurred
in the performance of their duties. For purposes of compensation,
attendance at meetings of the board shall be deemed performance by a
member of the duties of his or her state or local government
(e) The goal of the council shall be to investigate and promote
cost-effective approaches to meeting the long-term needs of adults
and juveniles with mental disorders who are likely to become
offenders or who have a history of offending. The council shall:
(1) Identify strategies for preventing adults and juveniles with
mental health needs from becoming offenders.
(2) Identify strategies for improving the cost-effectiveness of
services for adults and juveniles with mental health needs who have a
history of offending.
(3) Identify incentives to encourage state and local criminal
justice, juvenile justice, and mental health programs to adopt
cost-effective approaches for serving adults and juveniles with
mental health needs who are likely to offend or who have a history of
(f) The council shall consider strategies that:
(1) Improve service coordination among state and local mental
health, criminal justice, and juvenile justice programs.
(2) Improve the ability of adult and juvenile offenders with
mental health needs to transition successfully between
corrections-based, juvenile justice-based, and community-based
(g) The Secretary of the Department of Corrections and
Rehabilitation, the Director of State Hospitals, and the Director of
Health Care Services may furnish for the use of the council those
facilities, supplies, and personnel as may be available therefor. The
council may secure the assistance of any state agency, department,
or instrumentality in the course of its work.
(h) (1) The Council on Mentally Ill Offenders shall file with the
Legislature, not later than December 31 of each year, a report that
shall provide details of the council's activities during the
preceding year. The report shall include recommendations for
improving the cost-effectiveness of mental health and criminal
(2) After the first year of operation, the council may recommend
to the Legislature and Governor modifications to its jurisdiction,
composition, and membership that will further the purposes of this
(i) The Council on Mentally Ill Offenders is authorized to apply
for any funds that may be available from the federal government or
other sources to further the purposes of this article.
(j) (1) For purposes of this article, the council shall address
the needs of adults and juveniles who meet the following criteria:
persons who have been arrested, detained, incarcerated, or are at a
significant risk of being arrested, detained, or incarcerated, and
who have a mental disorder as defined in Section 1830.205 of Title 9
of the California Code of Regulations.
(2) The council may expand its purview to allow it to identify
strategies that are preventive in nature and could be directed to
identifiable categories of adults and juveniles that fall outside of
the above definitions.