(a) The Legislature finds that there are prisoners who have a treatable, severe mental health disorder that was one of the causes of, or was an aggravating factor in, the commission of the crime for which they were incarcerated. Secondly, the Legislature finds that if the severe mental health disorders of those prisoners are not in remission or cannot be kept in remission at the time of their parole or upon termination of parole, there is a danger to society, and the state has a compelling interest in protecting the public. Thirdly, the Legislature finds that in order to protect the public from those persons, it is necessary to provide mental health treatment until the severe mental health disorder that was one of the causes of or was an aggravating factor in the person‘s prior criminal behavior is in remission and can be kept in remission.

(b) The Legislature further finds and declares the Department of Corrections and Rehabilitation should evaluate each prisoner for severe mental health disorders during the first year of the prisoner’s sentence, and that prisoners with severe mental health disorders should be provided with an appropriate level of mental health treatment while in prison and when returned to the community.

Terms Used In California Penal Code 2960

  • person: includes a corporation as well as a natural person. See California Penal Code 7
  • remission: means a finding that the overt signs and symptoms of the severe mental health disorder are controlled either by psychotropic medication or psychosocial support. See California Penal Code 2962
  • severe mental health disorder: means an illness, disease, or condition that substantially impairs the person's thought, perception of reality, emotional process, or judgment. See California Penal Code 2962
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7

(Amended by Stats. 2019, Ch. 9, Sec. 6. (AB 46) Effective January 1, 2020.)

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