AB 1897: Mentally disordered offenders: criteria for commitment.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

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.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. September 27, 2026Chaptered by Secretary of State - Chapter 558, Statutes of 2026.
2. September 27, 2026Approved by the Governor.
3. September 8, 2026Enrolled and presented to the Governor at 3:30 p.m.
4. August 28, 2026Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6796.).
5. August 27, 2026In Assembly. Concurrence in Senate amendments pending.
6. August 27, 2026Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).
7. August 13, 2026Read second time. Ordered to third reading.
8. August 12, 2026Read third time and amended. Ordered to second reading.
9. August 4, 2026Read second time. Ordered to third reading.
10. August 3, 2026From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
11. July 2, 2026Read second time and amended. Re-referred to Com. on APPR.
12. July 2, 2026From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 30).