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AB-1782 • 2026

Incarcerated persons: mental health evaluations.

Incarcerated persons: mental health evaluations.

Crime Healthcare
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
DeMaio
Last action
2026-04-20
Official status
From committee: Without further action pursuant to Joint Rule 62(a).
Effective date
Not listed

Plain English Breakdown

The candidate explanation includes details about criteria that are not fully specified or confirmed by the provided official source material.

Mental Health Evaluations for Incarcerated People

This law changes the requirements for mental health evaluations of prisoners who are up for parole, making it easier to qualify for treatment by requiring only three out of five criteria instead of all four previous requirements.

What This Bill Does

  • Changes how prison doctors decide if a prisoner needs mental health treatment before being released on parole.
  • Requires that the chief psychiatrist certify that a prisoner meets at least three out of five specific criteria to qualify for treatment.
  • Includes sexual harassment and battery as types of physical harm when considering whether a prisoner is dangerous due to their mental health condition.

Who It Names or Affects

  • Prisoners who are up for parole and have severe mental health disorders.
  • Doctors in the Department of Corrections and Rehabilitation who evaluate prisoners' mental health.

Terms To Know

Parole
A system where a prisoner is released early from prison but must follow certain rules set by a parole board.
Severe Mental Health Disorder
A serious mental illness that significantly affects how someone thinks, feels, or behaves and requires treatment.

Limits and Unknowns

  • The bill does not specify what happens if a prisoner meets only two of the criteria instead of three.
  • It is unclear when this law will officially start to be used after it passes.

Bill History

  1. 2026-04-20 California Legislative Information

    From committee: Without further action pursuant to Joint Rule 62(a).

  2. 2026-03-17 California Legislative Information

    In committee: Set, first hearing. Failed passage.

  3. 2026-02-23 California Legislative Information

    Referred to Com. on PUB. S.

  4. 2026-02-10 California Legislative Information

    From printer. May be heard in committee March 12.

  5. 2026-02-09 California Legislative Information

    Read first time. To print.

Official Summary Text

AB 1782, as introduced, DeMaio.
Incarcerated persons: mental health evaluations.
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 severe mental health disorder was one of the causes of, or was an aggravating factor in, the commission of a specified crime for which the prisoner was sentenced to prison, and that prior to release on parole, the prisoner has been evaluated, as specified, and the chief psychiatrist of the Department of Corrections and Rehabilitation has certified 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.
This bill would instead require the chief psychiatrist of the Department of Corrections and Rehabilitation to certify that the prisoner meets three of the following criteria: a severe mental health disorder, the disorder is not in remission or cannot be kept in remission without treatment, the severe mental health disorder was one of the causes or was an aggravating factor in the prisoner’s criminal behavior, 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 by reason of the prisoner’s severe mental health disorder, the prisoner represents a substantial danger of physical harm to others. The bill would include
sexual harassment and battery under physical harm.

Current Bill Text

Read the full stored bill text 
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