AB1897 - Mentally disordered offenders: criteria for commitment.

Amended IN Senate August 12, 2026 Amended IN Senate July 02, 2026 Amended IN Assembly April 29, 2026 Amended IN Assembly March 18, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1897 Introduced by Assembly Member Haney February 12, 2026 An act to amend Sections 2962 and 2966 of the Penal Code, relating to mentally disordered offenders. LEGISLATIVE COUNSEL'S DIGEST AB 1897, as amended, Haney. Mentally disordered offenders: criteria for commitment. 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 the prisoner meets they meet the criteria to be treated by the State Department of State Hospitals. Existing law allows 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 the prisoner is they are incarcerated or is are being treated for a hearing on whether they met the criteria. 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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. It is the intent of the Legislature that the factors codified in Section 2 of this act, within paragraph (1) of subdivision (d) of Section 2962 of the Penal Code, not impact the application of People v. Jenkins (2023) 95 Cal.App.5th 142 and People v. Johnson (2020) 55 Cal.App.5th 96. SECTION 1. SEC. 2. Section 2962 of the Penal Code is amended to read: 2962. As a condition of parole, a prisoner who meets the following criteria shall be provided necessary treatment by the State Department of State Hospitals as follows: (a) (1) The prisoner has a severe mental health disorder that is not in remission or that cannot be kept in remission without treatment. (2) (A) The term “severe mental health disorder” means an illness, disease, or condition that substantially impairs the a person’s thought, perception of reality, emotional process, or judgment; or that grossly impairs behavior; or that demonstrates evidence of an acute brain syndrome for which prompt remission, in the absence of treatment, is unlikely. The (B) The term “severe mental health disorder,” as used in this section, does not include a personality or adjustment disorder, epilepsy, intellectual disability or other developmental disabilities, or addiction to or abuse of intoxicating substances. (3) (A) The term “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. A person (B) A person “cannot be kept in remission without treatment” if if, during the year prior to the question being before the Board of Parole Hearings or a trial court, the person has they have been in remission and has have been physically violent, except in self-defense, or has have made a serious threat of substantial physical harm upon the person of another so as to cause the target of the threat to reasonably fear for their safety or the safety of their immediate family, or the person has have intentionally caused property damage, or has have not voluntarily followed the treatment plan. In (C) In determining if a person has voluntarily followed the treatment plan, the standard is whether the person has they have acted as a reasonable person would in following the treatment plan. (b) The severe mental health disorder was one of the causes of, or was an aggravating factor in, the commission of a crime for which the prisoner was sentenced to prison. (c) The prisoner has been in treatment for the severe mental health disorder for 90 days or more within the year prior to the prisoner’s their parole or release. (d) (1) (A) (i) Prior to release on parole, 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 at a facility of the Department of Corrections and Rehabilitation, and a chief psychiatrist of the Department of Corrections and Rehabilitation has certified to the Board of Parole Hearings that the prisoner has a severe mental health disorder, that the disorder is not in remission or cannot be kept in remission without treatment, that the severe mental health disorder was one of the causes or was an aggravating factor in the prisoner’s criminal behavior, that the prisoner has been in treatment for the severe mental health disorder for 90 days or more within the year prior to the prisoner’s their parole release day, and that that, by reason of the prisoner’s their severe mental health disorder, the prisoner represents a substantial danger of physical harm to others. (ii) In determining whether the prisoner, as a result of their severe mental health disorder, represents a substantial danger of physical harm to others, a psychiatrist or psychologist shall consider all of the following: following factors as they relate to current risk: (I) The prisoner’s history of violence that was related to their severe mental health disorder. (II) The prisoner’s current mental status. (III) The prisoner’s recent behavior and treatment response. (IV) The prisoner’s current capacity to inflict physical harm on others, including their age, physical condition, and other present limitations. (V) Any clinically relevant factor bearing directly on the risk of physical harm to others. (B) For prisoners a prisoner being treated by the State Department of State Hospitals pursuant to Section 2684, the certification shall be by a chief psychiatrist of the Department of Corrections and Rehabilitation, and the evaluation shall be conducted at a state hospital by the person at the state hospital in charge of treating the prisoner and a practicing psychiatrist or psychologist from the Department of Corrections and Rehabilitation. (C) For the evaluation of a Department of Corrections and Rehabilitation prisoners who are prisoner who is temporarily housed at a county correctional facility, a county medical facility, or a state-assigned mental health provider, a practicing psychiatrist or psychologist from the State Department of State Hospitals, the Department of Corrections and Rehabilitation, or the Board of Parole Hearings shall be afforded prompt and unimpeded access to the prisoner and their records for the period of confinement at that facility upon submission of current and valid proof of state employment and a departmental letter or memorandum arranging the appointment. (2) If the professionals doing performing the evaluation pursuant to paragraph (1) do not concur that (A) the prisoner has a severe mental health disorder, (B) that the disorder is not in remission or cannot be kept in remission without treatment, or (C) that the severe mental health disorder was a cause of, or aggravated, the prisoner’s criminal behavior, and a chief psychiatrist has certified the prisoner to the Board of Parole Hearings pursuant to this paragraph, the Board of Parole Hearings shall order a further examination by two independent professionals, as provided for in Section 2978. (3) If at least one of the independent professionals who evaluate the prisoner pursuant to paragraph (2) concurs with the chief psychiatrist’s certification of the issues described in paragraph (2), this subdivision shall be applicable to the prisoner. The professionals appointed pursuant to Section 2978 shall inform the prisoner that the purpose of their examination is not treatment, treatment but to determine if the prisoner meets certain criteria to be involuntarily treated as an offender with a mental health disorder. It is not required that the prisoner appreciate or understand that information. (e) The crime referred to in subdivision (b) meets both of the following criteria: (1) The defendant received a determinate sentence pursuant to Section 1170 for the crime. (2) The crime is one of the following: (A) Voluntary manslaughter. (B) Mayhem. (C) Kidnapping in violation of Section 207. (D) A robbery wherein it was charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of that robbery. (E) Carjacking, as defined in subdivision (a) of Section 215, if it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of the carjacking. (F) Rape, as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of former Section 262. (G) Sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. (H) Oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. (I) Lewd acts on a child under 14 years of age in violation of Section 288. (J) Continuous sexual abuse in violation of Section 288.5. (K) The offense described in subdivision (a) of Section 289 if the act was accomplished against the victim’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. (L) Arson in violation of subdivision (a) of Section 451, or arson in violation of any other provision of Section 451 or in violation of Section 455 if the act posed a substantial danger of physical harm to others. (M) A felony in which the defendant used a firearm which and that use was charged and proved as provided in Section 12022.5, 12022.53, or 12022.55. (N) A violation of Section 18745. (O) Attempted murder. (P) A crime not enumerated in subparagraphs (A) to (O), inclusive, in which the prisoner used force or violence, violence or caused serious bodily injury as defined in paragraph (4) of subdivision (f) of Section 243. (Q) (i) A crime in which the perpetrator expressly or impliedly threatened another person with the use of force or violence likely to produce substantial physical harm in a manner that a reasonable person would believe and expect that the force or violence would be used. For (ii) For purposes of this subparagraph, substantial physical harm does not require proof that the threatened act was likely to cause great or serious bodily injury. (f) For purposes of meeting the criteria set forth in this section, the existence or nature of the crime, as defined in paragraph (2) of subdivision (e), for which the prisoner has been convicted may be shown with documentary evidence. The details underlying the commission of the offense that led to the conviction, including the use of force or violence, causing serious bodily injury, or the threat to use force or violence likely to produce substantial physical harm, may be shown by documentary evidence, including, but not limited to, preliminary hearing transcripts, trial transcripts, probation and sentencing reports, and evaluations by the State Department of State Hospitals. (g) As used in this chapter, “substantial danger of physical harm” does not require proof of a recent overt act. SEC. 2. SEC. 3. Section 2966 of the Penal Code is amended to read: 2966. (a) (1) A prisoner may request a hearing before the Board of Parole Hearings, and the board shall conduct a hearing if so requested, for the purpose of proving that the prisoner meets the criteria in Section 2962. At (2) At the hearing, the burden of proof shall be on the person or agency who certified the prisoner under subdivision (d) of Section 2962. If (3) If the prisoner or any person appearing on the prisoner’s their behalf at the hearing requests it, the board shall appoint two independent professionals as provided for in Section 2978. The prisoner (4) The prisoner shall be informed at the hearing of the right to request a trial pursuant to subdivision (b). The (5) The Board of Parole Hearings shall provide a prisoner who requests trial a petition form and instructions for filing the petition. (b) (1) A prisoner who disagrees with the determination of the Board of Parole Hearings that the prisoner meets they meet the criteria of Section 2962 may file a petition in the superior court of the county in which the prisoner is they are incarcerated or being treated a petition for a hearing on whether the prisoner, they, as of the date of the Board of Parole Hearings hearing, met the criteria of Section 2962. Upon (2) Upon stipulation of the petitioner, prosecuting attorney, and defense counsel in the county of commitment to state prison, the court may conduct the hearing in the county of commitment to state prison. The (3) The court shall conduct a hearing on the petition within 60 calendar days after the petition is filed, unless either time is waived by the petitioner or the petitioner’s their counsel or good cause is shown. Evidence (4) Evidence offered for the purpose of proving the prisoner’s petitioner’s behavior or mental status subsequent to the Board of Parole Hearings hearing shall not be considered. The (5) The order of the Board of Parole Hearings shall be in effect until the completion of the court proceedings. The (6) The court shall advise the petitioner of the right to be represented by an attorney and of the right to a jury trial. The (7) The attorney for the petitioner shall be given a copy of the petition and any supporting documents. The (8) The hearing shall be a civil hearing. In (9) In order to reduce costs, the rules of criminal discovery, as well as civil discovery, shall be applicable. The (10) The standard of proof shall be beyond a reasonable doubt, and if the trial is by jury, the jury shall be unanimous in its verdict. The (11) The trial shall be by jury unless waived by both the person petitioner and the district attorney. The (12) The court may, upon stipulati [Text truncated for display. Full text available on Congress.gov.]