CaliforniaMentally disordered offenders: criteria for commitment.
What it does
Existing law requires that, as a condition of parole, a prisoner who has a severe mental health disorder be treated by the State Department of State Hospitals if the prisoner meets certain requirements, including, among others, that the person in charge of treating the prisoner and a practicing psychiatrist or psychologist from the State Department of State Hospitals have evaluated the prisoner and that a chief psychiatrist of the Department of Corrections and Rehabilitation certify to the Board of Parole Hearings that by reason of the prisoner's severe mental health disorder, the prisoner represents a substantial danger of physical harm to others. Existing law allows a prisoner to request a hearing before the Board of Parole Hearings for the purpose of proving that they meet the criteria to be treated by the State Department of State Hospitals. Existing law authorizes a prisoner who disagrees with the determination of the Board of Parole Hearings to file a petition in court in the county in which they are incarcerated or are being treated for a hearing on whether they met the criteria.
More detail
This bill would require a psychiatrist or psychologist, when determining whether a prisoner represents a substantial danger of physical harm to others, to consider, among other things, the prisoner's history of violence that was related to their severe mental health disorder.
The bill would also authorize the court, upon stipulation of the petitioner, prosecuting attorney, and defense counsel in the county of commitment to state prison, to conduct a hearing in the county of commitment to state prison.
Where do you stand?
Choose your position
Tell your reps
Take a position to see your representatives and ways to contact them.
Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 27Chaptered by Secretary of State - Chapter 558, Statutes of 2026.Latest
- Sep 27Approved by the Governor Gavin Newsom.Became Law
- Sep 8Enrolled and presented to the Governor at 3:30 p.m.To Governor
- Aug 28Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6796.).Major
- Vote recorded AB 1897 Haney Concurrence in Senate Amendments. Result: pass.Lower
- Aug 27In Assembly. Concurrence in Senate amendments pending.
- Vote recorded 3rd Reading AB1897 Haney By Wiener. Result: pass.Upper
- Aug 27Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).Passed Senate
- Aug 13Read second time. Ordered to third reading.Minor
- Aug 12Read third time and amended. Ordered to second reading.Major
- Aug 4Read second time. Ordered to third reading.Minor
- Aug 3From committee: Be ordered to second reading pursuant to Senate Rule 28.8.Minor
- Jul 2Read second time and amended. Re-referred to Com. on APPR.Major
- Jul 2From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 30).Major
- Jun 30
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]. Result: pass.Upper
- Jun 3Referred to Com. on PUB. S.Minor
- May 27In Senate. Read first time. To Com. on RLS. for assignment.Minor
- May 26Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 5304.)Passed Assembly
- Vote recorded AB 1897 Haney Assembly Third Reading. Result: pass.Lower
- May 18Read second time. Ordered to third reading.Minor
- May 14From committee: Do pass. (Ayes 15. Noes 0.) (May 14).Minor
- Vote recorded Do pass. Result: pass.Lower
- May 14Joint Rule 62(a), file notice suspended. (Page 5030.)
- May 13In committee: Set, first hearing. Referred to APPR. suspense file.Minor
- Apr 30Re-referred to Com. on APPR.Minor
- Apr 29Read second time and amended.Major
- Apr 28From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 21).Major
- Apr 21
- Vote recorded Do pass as amended and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Apr 7In committee: Hearing postponed by committee.
- Mar 24In committee: Set, second hearing. Hearing canceled at the request of author.
- Mar 19Re-referred to Com. on PUB. S.Minor
- Mar 18From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.Major
- Mar 11In committee: Set, first hearing. Hearing canceled at the request of author.
- Mar 2Referred to Com. on PUB. S.Minor
- Feb 13From printer. May be heard in committee March 15.
- Feb 12Read first time. To print.Introduced