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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-11</ns0:ActionDate>
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<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2026-03-09</ns0:ActionDate>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Krell</ns0:AuthorText>
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<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Krell</ns0:Name>
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<ns0:Title> An act to amend Sections 2962 and 2966 of the Penal Code, and to amend Sections 5887 and 14184.800 of the Welfare and Institutions Code, relating to health care.</ns0:Title>
<ns0:RelatingClause>health care</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Health care: state hospitals.</ns0:Subject>
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<html:p>Existing law requires that, as a condition of parole, a prisoner who has a severe mental health disorder, as specified, 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. </html:p>
<html:p>This bill would require that certain factors be considered in determining whether an offender poses a substantial risk of physical harm to others, including, but not limited to, a history of violent behavior and psychopathy.</html:p>
<html:p>Existing law allows a prisoner to request a hearing before the Board of Parole Hearings for the purpose of proving that the prisoner meets the criteria to be treated by the State Department of State Hospitals. Existing law allows a prisoner who disagrees with the determination of the Board of Parole Hearings to file a petition in court for a hearing on whether they met the criteria and, if the court reverses the determination of the Board of Parole Hearings, existing law authorizes the court to require the parties to return to court to ensure that the entities involved in the release of the prisoner have coordinated an exit plan for the prisoner.</html:p>
<html:p>This bill would require that an exit plan include the submission of an application for Medi-Cal benefits, a determination of whether assisted outpatient treatment or a petition under the CARE Act is appropriate, or a determination of whether the prisoner appears to
be gravely disabled, as defined.</html:p>
<html:p>Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services, as specified. The MHSA establishes the Mental Health Services Fund, a continuously appropriated fund, which is administered by the State Department of Health Care Services (department), to fund specified county mental health programs. Existing law, the Behavioral Health Services Act (BHSA), a legislative act amending the MHSA that was approved by the voters as Proposition 1 at the March 5, 2024, statewide primary election, recast the MHSA by, among other things, renaming the fund to the Behavioral Health Services Fund and reallocating how moneys from that fund may be spent. The BHSA requires each county to establish and administer a full-service partnership
program that includes, among other things, outpatient behavioral health services, as specified, and housing interventions.</html:p>
<html:p>Existing law establishes criteria for an individual with a serious mental illness to be presumptively eligible for a full-service partnership, including, among other things, the person is transitioning to the community after 6 months or more in the state prison or county jail. The bill would specify that a county is not required to enroll an individual who meets that presumptive eligibility criteria if doing so would exceed full-service partnership funding.</html:p>
<html:p>This bill would add to the criteria for presumptively eligibility for a full-service partnership an individual transitioning to the community after 6 months or more in a state hospital.</html:p>
<html:p>Existing law establishes the Medi-Cal program, which is
administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law, the California Advancing and Innovating Medi-Cal (CalAIM) Act, supports the stated goals of identifying and managing the risk and needs of Medi-Cal beneficiaries, transitioning and transforming the Medi-Cal program to a more consistent and seamless system, and improving quality outcomes. Existing law makes a qualifying inmate of a public institution eligible, commencing no sooner than January 1, 2023, to receive targeted Medi-Cal services, limited to those services approved in the CalAIM Terms and Conditions for 90 days, as specified.</html:p>
<html:p>This bill would also make a qualifying inmate of a state hospital eligible to receive targeted Medi-Cal services, as described.</html:p>
<html:p>By expanding the population receiving benefits under the BHSA and to the extent that the bill would create new duties for counties relating to Medi-Cal eligibility determinations, the bill would impose a state-mandated local program. </html:p>
<html:p>The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.</html:p>
<html:p>This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 2962 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Num>2962.</ns0:Num>
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<html:p>As a condition of parole, a prisoner who meets all of the following criteria shall be provided necessary treatment by the State Department of State Hospitals as follows:</html:p>
<html:p>
(a)
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(1)
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The prisoner has a severe mental health disorder that is not in remission or that cannot be kept in remission without treatment.
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<html:p>
(2)
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The term “severe mental health disorder” means an illness, disease, or condition that substantially impairs the 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 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.
</html:p>
<html:p>
(3)
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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 “cannot be kept in remission without treatment” if during the year prior to the question being before the Board of Parole Hearings or a trial court, the person has been in remission and has been physically violent, except in self-defense, or has 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 intentionally caused property damage, or has not voluntarily followed the treatment plan. In determining if a person has voluntarily followed the treatment plan, the standard is whether the person has acted as a reasonable person would in following the treatment plan.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
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 parole or release.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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 parole release day, and that by reason of the prisoner’s severe mental health disorder, the prisoner represents a substantial danger of physical harm to
others.
</html:p>
<html:p>
(A)
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For prisoners 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.
</html:p>
<html:p>
(B)
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For the evaluation of Department of Corrections and Rehabilitation prisoners who are 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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the professionals doing 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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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, 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.
</html:p>
<html:p>
(e)
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The crime referred to in subdivision (b) meets both of the following criteria:
</html:p>
<html:p>
(1)
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The defendant received a determinate sentence pursuant to Section 1170 for the crime.
</html:p>
<html:p>
(2)
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The crime is one of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Voluntary manslaughter.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Mayhem.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Kidnapping in violation of Section 207.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Lewd acts on a child under 14 years of age in violation of Section 288.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Continuous sexual abuse in violation of Section 288.5.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
A felony in which the defendant used a firearm which use was charged and proved as provided in Section 12022.5, 12022.53, or 12022.55.
</html:p>
<html:p>
(N)
<html:span class="EnSpace"/>
A
violation of Section 18745.
</html:p>
<html:p>
(O)
<html:span class="EnSpace"/>
Attempted murder.
</html:p>
<html:p>
(P)
<html:span class="EnSpace"/>
A crime not enumerated in subparagraphs (A) to (O), inclusive, in which the prisoner used force or violence, or caused serious bodily injury as defined in paragraph (4) of subdivision (f) of Section 243.
</html:p>
<html:p>
(Q)
<html:span class="EnSpace"/>
A crime in which the perpetrator expressly or impliedly threatened another 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 purposes of this subparagraph, substantial physical harm does not require proof that the threatened act was likely to cause great or serious bodily injury.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
As used in this chapter, “substantial danger of physical harm” does not require proof of a recent overt act.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Factors that shall be considered in determining whether an offender poses a substantial danger of physical harm to others, include, but are not limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A recent threat of violence or act of violence directed toward another individual, group, or location.
</html:p>
<html:p>
(2)
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A recent threat of violence or act of violence directed toward themselves.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A pattern of violent acts or violent threats within the past 12 months, including, but not limited to, threats of violence or acts of violence directed toward themselves or another individual, group, or location.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A history of
violent behavior, including prior convictions for violent offenses.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Treatment compliance history and response to treatment.
</html:p>
<html:p>
(6)
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Prior history of state hospital commitment.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 2966 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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(a)
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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 the hearing, the burden of proof shall be on the person or agency who certified the prisoner under subdivision (d) of Section 2962. If the prisoner or any person appearing on the prisoner’s behalf at the hearing requests it, the board shall appoint two independent professionals as provided for in Section 2978. The prisoner shall be informed at the hearing of the right to request a trial pursuant to subdivision (b). The Board of Parole Hearings shall provide a prisoner who requests trial a petition form and instructions for filing the petition.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A
prisoner who disagrees with the determination of the Board of Parole Hearings that the prisoner meets the criteria of Section 2962 may file in the superior court of the county in which the prisoner is incarcerated or is being treated a petition for a hearing on whether the prisoner, as of the date of the Board of Parole Hearings hearing, met the criteria of Section 2962. 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 counsel or good cause is shown. Evidence offered for the purpose of proving the prisoner’s behavior or mental status subsequent to the Board of Parole Hearings hearing shall not be considered. The order of the Board of Parole Hearings shall be in effect until the completion of the court proceedings. The court shall advise the petitioner of the right to be represented by an attorney and of the right to a jury trial. The attorney for the petitioner shall be given a copy of the
petition and any supporting documents. The hearing shall be a civil hearing. In order to reduce costs, the rules of criminal discovery, as well as civil discovery, shall be applicable. 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 trial shall be by jury unless waived by both the person and the district attorney. The court may, upon stipulation of both parties, receive in evidence the affidavit or declaration of any psychiatrist, psychologist, or other professional person who was involved in the certification and hearing process, or any professional person involved in the evaluation or treatment of the petitioner during the certification process. The court may allow the affidavit or declaration to be read and the contents thereof considered in the rendering of a decision or verdict in any proceeding held pursuant to this subdivision, or subdivision (c), or subdivision (a) of Section 2972. If the court or jury reverses the
determination of the Board of Parole Hearings, the court shall stay the execution of the decision for up to 30 days to allow for an orderly release of the prisoner. The court may require the parties to return to the court during those 30 days to ensure that the entities involved in the release of the prisoner have coordinated an exit plan for the prisoner. If the court or jury reverses the determination of the Board of Parole Hearings, the Department of Corrections and Rehabilitation, upon a determination that the individual is eligible for release pursuant to Section 3451, shall notify the behavioral health department and the probation department of the county of supervision of the pending release within five working days of the court order and work with the county of supervision to coordinate
an exit plan for the orderly and safe release of the prisoner.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If the Board of Parole Hearings continues a parolee’s mental health treatment under Section 2962 when it continues the parolee’s parole under Section 3001, the procedures of this section shall only be applicable for the purpose of determining if the parolee has a severe mental health disorder, whether the parolee’s severe mental health disorder is not in remission or cannot be kept in remission without treatment, and whether by reason of the parolee’s severe mental health disorder, the parolee represents a substantial danger of physical harm to others.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An exit plan shall include, but is not limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The submission of a Medi-Cal application.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A determination of appropriateness for Assisted Outpatient Treatment, a petition under the CARE Act, or a forensic assertive community treatment program.
</html:p>
<html:p>
(3)
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A determination of whether the offender appears to the court or a qualified mental health expert to be gravely disabled, as defined in paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code. To ensure the respondent’s safety, the Board of Parole Hearings may apply to the offender’s county of last legal residence for a court-ordered mental health evaluation using the existing legal process pursuant to Article 2 (commencing with Section 5200) of Chapter 2 of Part 1 of Division 5 of the Welfare and Institutions Code.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 5887 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
, as added by Section 3 of Chapter 688 of the Statutes of 2025, is amended to read:
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(a)
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Each county shall establish and administer a full-service partnership program that include the following services:
</html:p>
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(1)
<html:span class="EnSpace"/>
Mental health services, supportive services, and substance use disorder treatment services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Assertive Community Treatment and Forensic Assertive Community Treatment fidelity, Individual Placement and Support model of Supported Employment, high fidelity wraparound, or other evidence-based services and treatment models, as specified by the State Department of Health Care Services. Counties with a population of less than 200,000 may request an exemption from these requirements. Exemption requests shall be subject to approval by the State Department of Health Care Services. The
State Department of Health Care Services shall collaborate with the California State Association of Counties and the County Behavioral Health Directors Association of California on reasonable criteria for those requests and a timely and efficient exemption process.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Assertive field-based initiation for substance use disorder treatment services, including the provision of medications for addiction treatment, as specified by the State Department of Health Care Services.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Outpatient behavioral health services, either clinic or field based, necessary for the ongoing evaluation and stabilization of an enrolled individual.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Ongoing engagement services necessary to maintain enrolled individuals in their treatment plan inclusive of clinical and nonclinical services, including services to support maintaining
housing.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Other evidence-based services and treatment models, as specified by the State Department of Health Care Services.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The service planning process pursuant to Sections 5806 or 5868 and all services identified during the applicable process.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Housing interventions pursuant to Section 5830.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Full-service partnership services shall be provided pursuant to a whole-person approach that is trauma informed, age appropriate, and in partnership with families or an individual’s natural supports.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
These services shall be provided in a streamlined and coordinated manner so as to reduce any barriers to services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Full-service partnership services shall support the individual in the recovery process, reduce health disparities, and be provided for the length of time identified during the service planning process pursuant to Sections 5806 and 5868.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Full-service partnership programs shall employ community-defined evidence practices, as specified by the State Department of Health Care Services.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Full-service partnership programs shall enroll eligible adults and older adults, as defined in Section 5892, who meet the priority population criteria specified in subdivision (d) of Section 5892 and other criteria, as specified by the State Department of Health Care Services.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Full-service partnership programs
shall enroll eligible children and youth, as defined in Section 5892.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
An individual with a serious mental illness is presumptively eligible for a full-service partnership if they meet one or more of the following criteria:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Is currently experiencing unsheltered homelessness as described in Section 91.5 of Title 24 of the Code of Federal Regulations.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Is transitioning to the community after six months or more in a
state hospital or a secured treatment or residential setting, including, but not limited to, a mental health rehabilitation center, institution for mental disease, or secured skilled nursing facility.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Has been detained five or more times pursuant to Section 5150 over the last five years.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Is transitioning to the community after six months or more in the state prison or county jail.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A county is not required to enroll an individual who meets the presumptive eligibility criteria in subparagraph (A) if doing so would conflict with contractual Medi-Cal obligations or court orders, or exceed full-service partnership capacity or funding pursuant to Section 5892.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Enrollment of a presumptively eligible
individual pursuant to subparagraph (A) shall be contingent upon both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The individual meets the criteria established pursuant to subdivision (e).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The individual receives a recommendation by a licensed behavioral health clinician who, after assessing the individual’s mental health needs, finds enrollment appropriate. This recommendation shall be documented in the individual’s clinical record.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An individual with a serious mental illness shall not be deemed ineligible for enrollment in a full-service partnership solely because their primary diagnosis is a substance use disorder.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Full-service partnership programs shall have an established standard of care with levels based on an individual’s acuity and criteria for
step-down into the least intensive level of care, as specified by the State Department of Health Care Services, in consultation with the Behavioral Health Services Oversight and Accountability Commission, counties, providers, and other stakeholders.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
All behavioral health services, as defined in subdivision (k) of Section 5892, and supportive services provided to a client enrolled in a full-service partnership shall be paid from the funds allocated pursuant to paragraph (2) of subdivision (a) of Section 5892, subject to Section 5891.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The clinical record of each client participating in a full-service partnership program shall describe all services identified during the service planning process pursuant to Sections 5806 and 5868 that are provided to the client pursuant to this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The State Department of Health Care Services may develop and revise documentation standards for service planning to be consistent with the standards developed pursuant to paragraph (3) of subdivision (h) of Section 14184.402.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Documentation of the service planning process in the client’s clinical record pursuant to paragraph (1) may fulfill the documentation requirements for both the Medi-Cal program and this section.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
For purposes of this part, the following definitions shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Community-defined evidence practices” means an alternative or complement to evidence-based practices that offer culturally anchored interventions that reflect the values, practices, histories, and lived-experiences of the communities they serve. These practices come from the community and the organizations
that serve them and are found to yield positive results as determined by community consensus over time.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Substance use disorder treatment services” means those services as defined in subdivision (c) of Section 5891.5.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Supportive services” means those services necessary to support clients’ recovery and wellness, including, but not limited to, food, clothing, linkages to needed social services, linkages to programs administered by the federal Social Security Administration, vocational and education-related services, employment assistance, including supported employment, psychosocial rehabilitation, family engagement, psychoeducation, transportation assistance, occupational therapy provided by an occupational therapist, and group and individual activities that promote a sense of purpose and community participation.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This section shall be implemented only to the extent that funds are provided from the Behavioral Health Services Fund for purposes of this section. This section does not obligate the counties to use funds from any other source for services pursuant to this section.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2027.
</html:p>
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<ns0:BillSection id="id_82A3CCFE-7EB6-4EB8-93EE-617EAF56EE07">
<ns0:Num>SEC. 4.</ns0:Num>
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Section 14184.800 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_871393F3-01BC-491F-A4D1-69C65AC1CDFF">
<ns0:Num>14184.800.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law, a qualifying inmate of a public institution or a state hospital shall be eligible to receive targeted Medi-Cal services for 90 days, or the number of days approved in the CalAIM Terms and Conditions with respect to an eligible population of qualifying inmates if different than 90 days, prior to the date they are released from a public institution, if otherwise eligible for those services under this chapter and subject to subdivision (f) of Section 14184.102.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Targeted Medi-Cal services made
available to qualifying inmates pursuant to subdivision (a) shall be limited to those services approved in the CalAIM Terms and Conditions.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
To the extent federal approval is obtained to implement this section, the department shall arrange for an independent, third-party evaluation of the hypotheses and outcomes associated with providing targeted Medi-Cal services to qualifying inmates as described in the CalAIM Terms and Conditions. The department shall post the evaluation report on its internet website following submission to the federal Centers for Medicare and Medicaid Services.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_B88F315A-B05F-46CF-9032-03B774B40D3B">
<ns0:Num>SEC. 5.</ns0:Num>
<ns0:Content>
<html:p>If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.</html:p>
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