BILL NUMBER: SB 1404	CHAPTERED  09/03/02

	CHAPTER  352
	FILED WITH SECRETARY OF STATE  SEPTEMBER 3, 2002
	APPROVED BY GOVERNOR  AUGUST 31, 2002
	PASSED THE SENATE  AUGUST 20, 2002
	PASSED THE ASSEMBLY  AUGUST 19, 2002
	AMENDED IN ASSEMBLY  AUGUST 15, 2002
	AMENDED IN ASSEMBLY  JUNE 10, 2002
	AMENDED IN SENATE  MAY 7, 2002
	AMENDED IN SENATE  APRIL 10, 2002

INTRODUCED BY   Senator Chesbro

                        FEBRUARY 13, 2002

   An act to amend Sections 4125, 4136, and 4340 of the Welfare and
Institutions Code, relating to mental health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1404, Chesbro.  State hospitals for the mentally disordered:
patient funds:  self-help groups.
   Existing law imposes various functions and duties on the State
Department of Mental Health with respect to the administration of
state institutions for the mentally disordered.  Existing law
provides that the institutions over which the department has
jurisdiction are Atascadero, Metropolitan, Napa, and Patton State
Hospitals.
   Existing law authorizes the Director of Mental Health to deposit
funds of patients in trust, as specified.  Existing law also
authorizes the hospital administrator, with the consent of the
patient, to deposit the interest or increment on the funds of the
patient in the state hospital in a special fund for each state
hospital, designated the "Benefit Fund," and requires the hospital
administrator to be the trustee of the fund.  Existing law authorizes
the hospital administrator, with the approval of the Director of
Mental Health, to expend moneys in the fund for the education or
entertainment of the patients of the institution.
   This bill would require that the hospital administrator take into
consideration the recommendations of representatives from patient
government before expending any moneys in the fund.  This bill would
also require the Director of Mental Health to provide to the
Legislature, no later than August 15 of each year, a summary data
sheet containing information on how the benefit fund at each state
hospital was expended in the previous fiscal year.
   Existing law requires that each patient in a state hospital for
the mentally disordered who has resided in the state hospital for a
period of at least 30 days be paid a specific amount of aid for his
personal and incidental needs.
   This bill would require that, in addition, each indigent patient,
as defined, be allotted materials and postage, as specified, for
letter writing at no cost to the patient, and that the hospital
administrator ensure that additional postage and writing materials
are available for purchase on hospital grounds.
   Existing law requires the department to maintain a statewide
mental health prevention program directed toward reducing the need
for utilization of the treatment system and the development and
strengthening of community support and self-help networks.
   This bill would require the department to support the
establishment of self-help groups at state hospitals.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4125 of the Welfare and Institutions Code is
amended to read:
   4125.  (a) The director may deposit any funds of any patient in
the possession of each hospital administrator of a state hospital in
trust with the treasurer pursuant to Section 16305.3 of the
Government Code or, subject to the approval of the Department of
Finance, may deposit these funds in an interest-bearing bank account
or invest and reinvest these funds in any security described in
Article 1 (commencing with Section 16430) of Chapter 3 of Part 2 of
Division 4 of Title 2 of the Government Code, and for the purposes of
deposit or investment only may mingle the funds of any patient with
the funds of any other patient.  The hospital administrator with the
consent of the patient may deposit the interest or increment on the
funds of a patient in the state hospital in a special fund for each
state hospital, to be designated the "Benefit Fund," of which the
hospital administrator shall be the trustee.  He or she may, with the
approval of the director, after taking into consideration the
recommendations of representatives of patient government and
recommendations submitted by patient groups, expend the moneys in
this fund for the education or entertainment of the patients of the
institution.
   (b) On and after December 1, 1970:
   (1) The funds of a patient in a state hospital or a patient on
leave of absence from a state hospital shall not be deposited in
interest-bearing bank accounts or invested and reinvested pursuant to
this section except when authorized by the patient.
   (2) Any interest or increment accruing on the funds of a patient
on leave of absence from a state hospital shall be deposited in his
or her account.
   (3) Any interest or increment accruing on the funds of a patient
in a state hospital shall be deposited in his or her account, unless
the patient authorizes their deposit in the state hospital's benefit
fund.
   (c) Any state hospital charges for patient care against the funds
of a patient in the possession of a hospital administrator or
deposited pursuant to this section and used to pay for that care,
shall be stated in an itemized bill to the patient.
   (d) No later than August 15 of each year, the director shall
provide to the Legislature a summary data sheet containing
information on how the benefit fund at each state hospital was
expended in the previous fiscal year.
  SEC. 2.  Section 4136 of the Welfare and Institutions Code is
amended to read:
   4136.  (a) Each patient in a state hospital for the mentally
disordered who has resided in the state hospital for a period of at
least 30 days shall be paid an amount of aid for his or her personal
and incidental needs that, when added to his or her income, equals
twelve dollars and fifty cents ($12.50) per month.  If a patient
elects to do so, a patient may save all or any portion of his or her
monthly amount of aid provided for personal and incidental needs for
expenditure in subsequent months.
   (b) Each indigent patient in a state hospital for the mentally
disordered shall be allotted sufficient materials for one letter each
week, including postage in an amount not to exceed the cost of one
stamp for first-class mail for a one-ounce letter, at no cost to the
patient.
   (c) Each newly admitted patient, for the first 30 days after his
or her initial admission, shall be allotted sufficient materials for
two letters each week, including postage for first-class mail for up
to two one-ounce letters per week.  The hospital administrator shall
ensure that additional writing materials and postage are available
for purchase by patients at the store or canteen on hospital grounds.

   (d) For purposes of this section, "indigent patient" means any
patient whose income is no more than twelve dollars and fifty cents
($12.50) per month.
  SEC. 3.  Section 4340 of the Welfare and Institutions Code is
amended to read:
   4340.  The department shall maintain a statewide mental health
prevention program directed toward a reduction in the need for
utilization of the treatment system and the development and
strengthening of community support and self-help networks.  The
department shall support the establishment of self-help groups, which
may be facilitated by an outside entity, subject to the approval of
the hospital administrator, at state hospitals.