2693.
(a) In order to foster incarcerated peoples’ growth, mental and emotional wellness, and rehabilitation, the Department of Corrections and Rehabilitation shall establish a three-year pilot program at two institutions. The pilot program shall include one institution housing people of each gender. The pilot program at each institution shall provide access to mental health therapy to an incarcerated person in either of the following settings:
(1) Virtual therapy opportunities, including telehealth and telepsychiatry, in a confidential setting.
(2) Contracted licensed or registered mental health providers who can provide counseling in a confidential setting.
(b) For each incarcerated person, virtual therapy opportunities or in-person sessions, pursuant to subdivision (a), shall be offered at least twice per month, for a minimum of 50 minutes, or as determined by the provider. Services provided through the pilot program shall be delivered using a short-term, evidence-based, therapeutic model appropriate for pre-release transitioning planning, including, but not limited to, brief cognitive behavioral therapy or similar structured interventions focused on the development of coping skills, reentry planning, and stabilization.
(c) Access to services during an incarcerated person’s enrollment in the pilot program shall be limited to persons who are not currently determined by the department as having the following classification statuses:
(1) Correctional Clinical Case Management System.
(2) Enhanced Outpatient Program.
(3) Acute levels of care, including the Psychiatric Inpatient Programs or Mental Health Crisis Bed.
(d) (1) Participating incarcerated persons shall be within 90 days of their release from custody, or within 90 days of the person’s minimum eligible parole date or earliest possible release date.
(2) The Department of Corrections and Rehabilitation, in coordination with the Department of Health Care Services, shall facilitate enrollment support for participating incarcerated persons to ensure that eligible persons are informed of Medi-Cal benefits no later than 90 days prior to their release date.
(3) Services provided through the pilot program may be covered through Medi-Cal or other allowable funding sources to support continuity of care prior to release and upon reentry.
(e) Enrollment shall not result in an incarcerated person being classified as having a serious mental health disorder unless the provider has made a formal recommendation and the incarcerated person offers express, written permission.
(f) Communications between an incarcerated person and the assigned mental health provider shall be confidential pursuant to the privacy protections of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191). The California Correctional Health Care Services shall act as the custodian of records for all treatment documents generated under this pilot program.
(g) Upon the incarcerated person’s release from custody, the department shall provide them with information about community-based treatment programs.
(h) (1) The department shall report to the fiscal and appropriate policy committees of the Legislature on March 1, 2028, and each March 1 thereafter until March 1, 2031. The report shall include all of the following:
(A) The planned capacity of the program at each participating facility.
(B) The number of incarcerated persons enrolled in the program at each participating facility.
(C) The percentage of participants with positive posttreatment outcomes.
(D) The number of persons who are successfully linked to postrelease community-based treatment programs.
(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(i) For the purposes of this section, “virtual therapy opportunities” means services provided by tablet, video conference, or other technologies.
(j) For the purposes of this section, “positive outcomes” means an inmate exhibiting any of the following:
(1) Reduced disciplinary action or writeups from staff.
(2) Self-acceptance.
(3) Self-understanding.
(4) Improved interpersonal safety and functioning.
(k) This section shall become inoperative on July 1, 2031, and, as of January 1, 2032, is repealed.