CA AB2827

Establishes a pilot program in Los Angeles and Santa Clara counties allowing defendants with serious mental illness or mental health-related Social Security Disability Insurance eligibility to petition for sentences including mental health treatment instead of or in addition to incarceration.

Authorizes courts to order placement in residential mental health treatment facilities, mental health programs within prisons or jails, or preparation of postrelease mental health treatment plans if the defendant meets criteria by a preponderance of the evidence and poses no unreasonable public safety risk.

Prohibits residential mental health placement for defendants convicted of violent felonies or those required by initiative statutes to serve sentences entirely in state prison.

Allows either the defendant or prosecutor to petition for sentence recall and resentencing to different mental health treatment or standard sentencing at any time if in the public interest.

Program expires January 1, 2021, and requires the Legislative Analyst's Office to report on effectiveness by December 31, 2020; defendants have right to counsel throughout proceedings.