Politics & Government

Banning, Beaumont State Senator Introduces Bill to Close Prison Realignment Loophole

"Before any offender is released back into the community, we need to make sure that he or she has been screened and treated for mental illness, especially when it may have contributed to the crime," Senator Bill Emmerson said.

The following was submitted for publication by the office of Senator Bill Emmerson:

Senator Bill Emmerson (R–Redlands) announced Wednesday that he introduced Senate Bill 226, a measure that would close a loophole in current law caused by realignment to ensure that mentally disordered offenders receive proper treatment before they are released back to society. 

“Again, because realignment was passed so quickly and before all the issues were worked out, this bill would close a gap in law that potentially endangers the public,” Senator Emmerson said. 

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“Before any offender is released back into the community, we need to make sure that he or she has been screened and treated for mental illness, especially when it may have contributed to the crime.”  

In a nutshell, SB 226 would require a felony offender that is suspected by the courts to have a severe mental disorder, and would otherwise be sentenced to imprisonment in county jail pursuant to realignment, to be transferred to the California Department of Corrections and Rehabilitation for an evaluation. 

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If the offender is determined to have a severe mental disorder, he or she must serve their sentence in state prison.  This is necessary because state authorities have the ability to require the offender to receive the proper mental health treatment before being released and as a condition of parole, whereas in county jail there is no authority or opportunity to screen these offenders that may need this treatment before they can safely re-enter society.

“Our communities should not be put at risk due to the fact that realignment allows some offenders who may require treatment for severe mental disorders to avoid screening,” said San Luis Obispo County District Attorney Gerald T. Shea. 

“SB 226 will close a loophole created by realignment and help ensure that persons who should be screened as potential mentally disordered offenders are properly scrutinized.”

Senator Emmerson represents the 23rd State Senate District, which covers portions of Riverside, San Bernardino and Los Angeles Counties.


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