Bill to Ensure Severely Mentally Ill Misdemeanor Defendants Receive Treatment Before Release Nears Final Vote

SACRAMENTO – The Assembly Appropriations Committee advanced SB 820, authored by Senator Henry Stern (D–Los Angeles), a bill that will help make sure people with severe mental illness who commit misdemeanors have a chance to receive lifesaving medication while in jail.  The legislation will address persistent gaps in California’s treatment of individuals deemed incompetent to stand trial for misdemeanor offenses (MIST).

SB 820 builds on prior reforms, including Stern’s SB 317 (2021), SB 1323 (2024), by fixing the MIST process to ensure individuals receive appropriate mental health care and treatment instead of languishing in jail or being released without support.

“Right now, some of California’s most vulnerable people are being cycled through the jail to street pipeline without the care they so desperately need,” said Senator Stern. “By allowing for involuntary medication to be administered in very limited but critical circumstances, SB 820 will reduce recidivism, protect public safety and save lives.”

Each year, hundreds of Californians are found incompetent to stand trial on misdemeanor charges. Many spend extended time in jail awaiting treatment beds that are scarce and backlogged, where their mental health deteriorates further. Others are released without services, fueling recidivism, homelessness, and costly cycles of re-incarceration.

“Maintaining mental health care is critical to individuals in our county jail system,” said Assemblymember Nick Schultz (D-Burbank), Chair of the Assembly Public Safety Committee.  “Access to treatment with the necessary guardrails doesn’t just  help our most vulnerable  Californians while they’re incarcerated, it also helps them return to their communities and break the cycle of homelessness and recidivism.”

SB 820 would strengthen the state’s response by: Reinstating involuntary medication orders to allow individuals to stabilize while in custody and increase their chances of being accepted into community treatment programs. The bill includes strong due process protections and court oversight. 

Advocates and county officials have warned that without expanded treatment capacity, thousands of Californians with serious mental illness will continue to cycle between jail, homelessness, and emergency rooms. In Los Angeles County alone, over 1,000 MIST defendants have their cases dismissed each year, and recidivism rates have more than doubled since 2021.

“SB 820 ensures that individuals with severe mental illness— those who are gravely disabled and found incompetent to stand trial—receive treatment in jail while safeguarding their civil liberties. SB 820 provides a mechanism to end the costly revolving door of recidivism with a solution that is humane, just, and fiscally responsible. We owe special thanks to Senator Stern for his leadership, bringing this critical reform forward with clarity and compassion.” Dr. Aaron Meyer, Dr. Susan Partovi, and the mother of MIST defendant Kaino Hopper. 

“SB 820 is about bridging the huge gap between our justice system and our mental health system,” added Stern. “Our counties need to prioritize Proposition 1 investments for these MIST populations.  Letting people fall apart in a jail cell and then send them back to the streets worse than when they came in is no justice at all.”

SB 820 will next be considered on the Senate Floor for a vote. Fact sheet attached.