AB 2604 Summary

• Allows defendants convicted of felonies or misdemeanors who have a serious mental illness or diagnosed mental illness (evidenced by prior eligibility for public mental health services or Social Security Insurance) to petition the court for sentences that include mental health treatment.

• Permits courts to order defendants to serve all or part of their sentence in a residential mental health treatment facility instead of prison or jail, if the defendant agrees and poses no unreasonable public safety risk (excluding serious and violent felonies).

• Requires the Department of Corrections and Rehabilitation or county jail authorities to place qualifying defendants in appropriate mental health programs within 30 days of sentencing and to prepare postrelease mental health treatment plans six months before release.

• Guarantees defendants the right to counsel during these proceedings and allows courts to recall and modify mental health treatment orders at any time if in the public interest.

• Creates a state-mandated local program requiring state reimbursement to local agencies for costs associated with implementing the bill's requirements.