Community Assistance, Recovery, and Empowerment (CARE) Court Program.

The full chaptered statutory text of SB 27 (all sections amending Penal Code 1370.01 and Welfare and Institutions Code sections 5971-5985) was removed from the document.

Website navigation elements from the California Legislature bill page were added, including menu links (Home, FAQ, sitemap, login), search fields, version history dropdown, and publication date metadata.

The eligible disorder class for the CARE process was narrowed from 'mood disorders with psychotic features' to 'bipolar I disorder with psychotic features,' excluding other mood disorders such as major depressive disorder with psychotic features.

A new consent requirement was added: the court may only refer a defendant to the CARE Act court if the defendant or counsel for the defendant agrees to the referral. Previously, no such agreement was required.

The bill now authorizes the court to make a prima facie determination without conducting a hearing, giving courts a faster procedural path in CARE process cases.

A new fallback provision was added: if a defendant is not accepted into the CARE program or is referred back to criminal court before the six-month period expires, the criminal court must proceed with diversion eligibility determination under paragraph (1).

The definition of 'clinically stabilized in ongoing voluntary treatment' was restructured from requiring all four criteria to requiring both of two combined criteria, and a new clarifying sentence was added stating that enrollment in treatment alone does not constitute being clinically stabilized.

Section 5975 of the Welfare and Institutions Code was added to the bill. It requires the Judicial Council to develop a mandatory form for filing CARE process petitions and expands who qualifies as a licensed behavioral health professional to include nurse practitioners and physician assistants for purposes of preparing supporting affidavits.

The state-mandated local program designation changed from 'no' to 'yes,' formally acknowledging that the bill imposes costs on county behavioral health agencies that may be subject to state reimbursement. The fiscal committee vote also changed from 'no' to 'yes.'

Courts can now make a prima facie determination that a petitioner qualifies for the CARE process without conducting a hearing. The prior version required the initial appearance to be held at the same time as the prima facie determination if specified requirements were met.

The definition of 'clinically stabilized in ongoing voluntary treatment' was narrowed from four criteria (stable condition, likely to survive safely without supervision, engaged in treatment, and condition not negatively impacting community living) to just two (stable condition and currently engaged in treatment managing symptoms). This means more people will be considered NOT clinically stabilized, expanding the pool of individuals eligible for CARE proceedings.

Nurse practitioners and physician assistants were removed from the general definition of 'licensed behavioral health professional' in Section 5971. They are still included specifically in Section 5975 for the purpose of preparing affidavits supporting a CARE petition, but no longer count as licensed behavioral health professionals for other purposes under the CARE Act.

In Penal Code Section 1370.01(c)(4), the deadline for the CARE Act court to hold an eligibility hearing was changed from 'within 14 court days after the date of the referral' to 'within 14 court days after the date that the petition is filed,' shifting the clock start from the referral event to the formal filing of the petition.

The urgency clause ('and declaring the urgency thereof, to take effect immediately') was removed from the bill's title. The bill will now take effect on January 1, 2026, rather than immediately upon the Governor's signature.

Formatting changes throughout: removal of line numbers, reflow of text layout, page number updates (from 96 to 95), and header changes reflecting the bill's progression from Amended Assembly to Enrolled status. No substantive policy language was altered.

New Section 1370.01 of the Penal Code creates a comprehensive framework for courts handling defendants found mentally incompetent, authorizing referral to mental health diversion, CARE Act court, assisted outpatient treatment, conservatorship proceedings, or dismissal if no services qualify.

The bill now amends Sections 5971, 5972, 5977, 5977.1, 5977.3, 5978, and 5985 of the Welfare and Institutions Code in addition to the new Penal Code section, compared to the original which only amended Section 5977.

CARE program eligibility expanded to include persons with mood disorders with psychotic features (except psychosis related to current intoxication), in addition to the existing schizophrenia spectrum and other psychotic disorders.

New Section 5971 adds a comprehensive definitions section covering CARE agreement, CARE plan, clinically stabilized, graduation plan, psychiatric advance directive, supporter, licensed behavioral health professional (now including nurse practitioners and physician assistants), and other key terms.

County behavioral health agencies and jail medical providers are now authorized to share confidential medical records and relevant information with the court to determine likelihood of eligibility for behavioral health services, subject to applicable privacy laws.

Courts are authorized to conduct the initial appearance on a CARE petition concurrently with the prima facie determination if specified requirements are met, including presence and consent of both parties.

A defendant found mentally incompetent who is ineligible for diversion must be considered for CARE program eligibility at the first competence hearing, and if accepted into CARE, criminal charges are dismissed six months after referral unless the case is referred back to court earlier.

The bill now imposes a state-mandated local program (changed from 'no' to 'yes'), triggering reimbursement obligations under California's state mandates system and requiring fiscal committee review.

New time limits established: diversion eligibility hearing within 30 days of incompetence finding; CARE eligibility hearing within 30 court days (or 14 court days in certain referral contexts); assisted outpatient treatment hearing within 45 days; conservatorship petition within 30 days of referral.