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AB 1897

Mentally disordered offenders: criteria for commitment.

2025-2026 Regular Session Introduced by Matt Haney

AB 1897 standardizes risk assessment and requires expert opinions for parole-related treatment of prisoners with severe mental disorders, enabling clearer court review and continue

Read second time and amended. Re-referred to Com. on APPR.
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Bill Summary · AB 1897

AB 1897 (2025-2026) – Mentally disordered offenders: criteria for commitment
Jurisdiction: California

Summary
AB 1897, introduced by Assembly Member Haney, would amend several provisions of the Penal Code related to how prisoners with severe mental health disorders are evaluated for commitment to treatment, both as a condition of parole and upon continued treatment needs. The bill focuses on shifting who provides the required professional opinion, requires an additional standardized risk assessment, and modifies the process for challenging or continuing commitment.

Main purpose and intent
- Clarify and tighten criteria under which a prisoner with a severe mental health disorder may be treated by the State Department of State Hospitals as a condition of parole.
- Standardize the assessment process and create a clearer path for court review if the prisoner disagrees with the initial certification.
- Ensure a formal, evidence-based determination of danger to health and safety when considering continued or renewed commitment.

Key provisions and changes
- 2962 (Parole treatment criteria):
- Maintains that a prisoner must have a severe mental health disorder not in remission or not maintainable without treatment.
- The bill requires that the designated mental health professional opine that the prisoner represents a substantial danger to the health and safety of others (in lieu of the prior phrasing that the prisoner “represents a substantial danger of physical harm to others”).
- Adds that the prisoner must undergo the Historical Clinical Risk Management-20, Version 3 (HCR-20 v3) assessment.
- Retains the 90-day treatment criterion within the prior year and the pre-release evaluation by state hospital staff, with certification by a chief psychiatrist and DR/DHS involvement.
- Specifies access provisions for evaluations of prisoners housed in various facilities and the role of independent professionals if there is non-concurrence.

  • 2966 (Petition and court review for parolee challenges):

    • Allows a prisoner who challenges the Board of Parole Hearings’ determination to file a petition in superior court for a hearing to determine whether the prisoner meets 2962 criteria.
    • Requires a civil-style hearing with standard of proof beyond a reasonable doubt; 60-day court timeline for the petition hearing.

  • 2970 and 2972 (Continued or recommitment process):

    • Adjusts timelines for 180 days prior to termination of parole or release, requiring a written remission evaluation to be submitted to the district attorney.
    • Permits the district attorney to file for continued involuntary treatment for one year, with the petition and supporting affidavits.
    • Provides for a court hearing on recommitment with similar civil procedures and a standard of proof beyond a reasonable doubt; outlines that a recommitment can be to the prior facility, outpatient program, or the State Hospitals, for one year, with specific outpatient status provisions.
    • Maintains patient rights protections and the obligation of facilities to provide treatment.

Who is affected
- Prisoners with severe mental health disorders who are being considered for parole treatment or renewed/continued commitment.
- State Hospitals, Department of Corrections and Rehabilitation, Board of Parole Hearings, district attorneys, and defense counsel involved in these proceedings.
- Courts handling petitions and recommitment hearings.

Procedural and timeline aspects
- Introduces a required HCR-20 v3 assessment as part of the eligibility/privilege determination.
- Establishes specific timelines for court review: petitions must be heard within 60 days (or similar timeframes) and recommitment hearings aligned with parole release timing.
- Allows independent professional review if initial evaluators do not concur.

Notes
- The bill is amended and has gone through committee refinements; it is sponsored with a co-sponsor acknowledgement for Matt Haney.

Overall, AB 1897 seeks to formalize and potentially expand the use of hospital-based treatment for certain parolees with severe mental health disorders, grounding the process in standardized risk assessment and clearer judicial review pathways.

Compiled from official sources — confirm details with the bill’s official record.

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