California 2025-2026 Regular Session

California Assembly Bill AB1782

Introduced
2/9/26  
Refer
2/23/26  

Caption

An act to amend Section 2962 of the Penal Code, relating to incarcerated persons.

Impact

If passed, AB 1782 would potentially streamline the parole process for individuals deemed to have severe mental health conditions, creating clearer guidelines on when these individuals should be treated and how it relates to their criminal activities. By clarifying the criteria for treatment needs, the bill aims to ensure that only those who genuinely represent a danger due to their mental state are subjected to the stringent provisions that come with parole eligibility. This change could affect the overall management of mental health in the prison system and influence re-offending rates among released individuals.

Summary

Assembly Bill 1782, introduced by Assembly Member DeMaio, amends Section 2962 of the Penal Code regarding mental health evaluations for incarcerated persons. This bill alters the requirements for a prisoner with a severe mental health disorder to receive treatment and be eligible for parole. The proposed amendment specifies that the chief psychiatrist of the Department of Corrections and Rehabilitation must certify that the individual meets at least three out of a specified list of criteria, including the presence of a severe mental health disorder, its status concerning remission, its link to the underlying criminal behavior, recent treatment history, and the individual's potential danger to others.

Contention

Concerns surrounding this legislation include the potential subjective nature of assessments related to mental health, as well as the implications for inmates who may not have received adequate treatment during their incarceration. Critics might argue that the bill could lead to arbitrary classifications of individuals as dangerous, potentially prolonging their incarceration unjustly. Additionally, since the bill includes responses to cases of sexual harassment and battery as part of the criteria for evaluating danger, there may be further debates regarding the balance between public safety and appropriate mental health interventions.

Companion Bills

No companion bills found.

Previously Filed As

CA HB926

To amend sections 2929.01, 2929.14, 2967.01, 2967.13, and 2967.132 and to enact section 2941.1427 of the Revised Code to enact the Felony Accountability for Frequent Offenders Act to create a specification for a habitual felony offender.

CA SB1446

An act to amend Section 3041 of the Penal Code, and to amend Section 6601 of the Welfare and Institutions Code, relating to incarcerated persons.

CA HB923

To amend sections 2929.15, 2929.16, 2929.25, 2967.131, and 2967.15 and to enact section 2903.217 of the Revised Code to enact the Adult Parole Authority Enhancement Act.

CA A2609

Changes term "inmate" to "incarcerated person."

CA S2538

Permits court to incarcerate persons who violate conditions of special probation; requires monitoring of incarcerated person.

CA SB759

An act to amend Sections 3003, 3454, and Section 3455 of the Penal Code, relating to supervised release.

CA HB338

Enact Andy's Law

CA SB295

Removing the criminal penalties for possession of a personal-use quantity of marijuana and creating a civil penalty for possession of a personal-use quantity of marijuana.

CA HB487

Create a repeat drug offender specification

CA SB672

An act to amend Section 3051 of the Penal Code, relating to parole.

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