Opinion No. (2006)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE CHARLES J. McKEE, COUNTY COUNSEL, COUNTY OF MONTEREY, AND THE HONORABLE DEAN FLIPPO, DISTRICT ATTORNEY, COUNTY OF MONTEREY, have requested an opinion on the following question: Does the Mental Health Services Act authorize the funding of the costs of customary court staff operating a local mental health court, including the salaries of judges, commissioners, court clerks, deputy district attorneys, and deputy public defenders, pursuant to a locally developed and approved county mental health plan? CONCLUSION The Mental Health Services Act does not authorize the funding of the costs of customary court staff operating a local mental health court, including the salaries of judges, commissioners, court clerks, deputy district attorneys, and deputy public defenders, pursuant to a locally developed and approved county mental health plan. ANALYSIS At the November 2, 2004, General Election, California voters approved an initiative measure, Proposition 63, which enacted the Mental Health Services Act (adding Welf. Inst. Code, §§ 5771.1 , 5813.5 , 5820-5822, 5830 , 5840-5840.2, 5845-5848,…