Defendants: severe mental disorder: incarceration in state prison.

Existing law requires that certain specified felonies be punished by imprisonment in a county jail for the term specified in the underlying offense or for 16 months, or 2 or 3 years. Existing law requires that a prisoner who has a severe mental disorder, and whose severe mental disorder was one of the causes or was an aggravating factor in the prisoner's criminal activity, receive treatment by the State Department of State Hospitals as a condition of parole. This bill would require a court, upon conviction of a defendant for certain specified offenses involving force or serious bodily injury, or involving the threat of force or violence likely to produce substantial physical harm, that is punishable as a felony by imprisonment in a county jail, if the court has reason to believe the defendant has a severe mental disorder, to suspend the imposition of the sentence and transport the defendant to the Department of Corrections and Rehabilitation for evaluation to determine whether the defendant has a severe mental disorder and whether the severe mental disorder was an aggravating factor in the prisoner's criminal behavior, as provided. If the initial evaluation determines the defendant has a severe mental disorder, as specified, the bill would require the court to impose a sentence for the term described in the underlying offense to be served in the state prison, and would provide that the defendant be subject to parole upon completion of the sentence. If the initial evaluation determines the defendant does not have a severe mental disorder, as provided, the bill would require the defendant to be returned to court for sentencing to imprisonment in a county jail. The bill would make conforming changes.