BILL NUMBER: SB 1562 CHAPTERED 09/30/06 CHAPTER 812 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2006 APPROVED BY GOVERNOR SEPTEMBER 30, 2006 PASSED THE SENATE AUGUST 31, 2006 PASSED THE ASSEMBLY AUGUST 30, 2006 AMENDED IN ASSEMBLY AUGUST 21, 2006 AMENDED IN SENATE MAY 2, 2006 AMENDED IN SENATE APRIL 17, 2006 INTRODUCED BY Senator Maldonado FEBRUARY 23, 2006 An act to amend Section 4750 of, and to add Section 4758 to, the Penal Code, and to amend Section 4117 of the Welfare and Institutions Code, relating to prisoners. LEGISLATIVE COUNSEL'S DIGEST SB 1562, Maldonado Inmates: State Hospitals: reimbursement of costs. Existing law provides that a city, county, or superior court shall be entitled to reimbursement for reasonable and necessary costs connected with state prisons or prisoners in connection with any crime committed at a state prison, whether by a prisoner, employee, or other person. This bill would provide that a city, county, or superior court shall also be entitled to reimbursement for reasonable and necessary costs connected with state prisons or prisoners in connection with any crime committed at a state hospital for the care, treatment, and education of the mentally disordered, as specified, whether by a prisoner, employee, or other person. Existing law provides that cities and counties are entitled to reimbursement from the state for expenses they have incurred with respect to state prisons or prisoners for specified crimes committed by, or hearings relating to, a prisoner at a state prison, and for prisoner costs relating to extradition, the coroner, and transportation, as specified. This bill would provide that a county shall be entitled to reimbursement from the state for reasonable and necessary costs incurred by the county with respect to inmates housed at a state hospital in that county, including, but not limited to, trial costs. Existing law requires the county clerk to make out a statement of all mental health treatment costs incurred and a separate statement of all nontreatment costs incurred in certain additional judicial hearings involving extended commitments and continued involuntary treatment of certain prisoners, parolees, and outpatient defendants in order to seek reimbursement of those costs, as specified. This bill would make reimbursable under this provision the mental health treatment costs and nontreatment costs incurred in hearings to determine if a prisoner is eligible for treatment by the state Department of Mental Health as a condition of parole, as specified. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 4750 of the Penal Code is amended to read: 4750. A city, county, or superior court shall be entitled to reimbursement for reasonable and necessary costs connected with state prisons or prisoners in connection with any of the following: (a) Any crime committed at a state prison, whether by a prisoner, employee, or other person. With respect to a prisoner, "crime committed at a state prison" as used in this subdivision, includes, but is not limited to, crimes committed by the prisoner while detained in local facilities as a result of a transfer pursuant to Section 2910 or 6253, or in conjunction with any hearing, proceeding, or other activity for which reimbursement is otherwise provided by this section. (b) Any crime committed by a prisoner in furtherance of an escape. Any crime committed by an escaped prisoner within 10 days after the escape and within 100 miles of the facility from which the escape occurred shall be presumed to have been a crime committed in furtherance of an escape. (c) Any hearing on any return of a writ of habeas corpus prosecuted by or on behalf of a prisoner. (d) Any trial or hearing on the question of the sanity of a prisoner. (e) Any costs not otherwise reimbursable under Section 1557 or any other related provision in connection with any extradition proceeding for any prisoner released to hold. (f) Any costs incurred by a coroner in connection with the death of a prisoner. (g) Any costs incurred in transporting a prisoner within the host county or as requested by the prison facility or incurred for increased security while a prisoner is outside a state prison. (h) Any crime committed by a state inmate at a state hospital for the care, treatment, and education of the mentally disordered, as specified in Section 7200 of the Welfare and Institutions Code. SEC. 2. Section 4758 is added to the Penal Code, to read: 4758. (a) A county shall be entitled to reimbursement for reasonable and necessary costs incurred by the county with respect to an inmate housed and treated at a state hospital in that county pursuant to Section 2684, including, but not limited to, any trial costs related to a crime committed at the hospital by an inmate housed at the hospital. (b) Where an inmate referred for treatment to a state hospital pursuant to Section 2684 commits a crime during transportation from prison to the hospital, or commits a crime during transportation from the hospital to the prison, a county that prosecutes the defendant shall be entitled to reimbursement for the costs of prosecution. SEC. 3. Section 4117 of the Welfare and Institutions Code is amended to read: 4117. (a) Whenever a trial is had of any person charged with escape or attempt to escape from a state hospital, whenever a hearing is had on the return of a writ of habeas corpus prosecuted by or on behalf of any person confined in a state hospital except in a proceeding to which Section 5110 applies, whenever a hearing is had on a petition under Section 1026.2, subdivision (b) of Section 1026.5, Section 2972, or Section 2966 of the Penal Code, Section 7361 of this code, or former Section 6316.2 of this code for the release of a person confined in a state hospital, and whenever a person confined in a state hospital is tried for any crime committed therein, the appropriate financial officer or other designated official of the county in which the trial or hearing is had shall make out a statement of all mental health treatment costs and shall make out a separate statement of all nontreatment costs incurred by the county for investigation and other preparation for the trial or hearing, and the actual trial or hearing, all costs of maintaining custody of the patient and transporting him or her to and from the hospital, and costs of appeal, which statements shall be properly certified by a judge of the superior court of that county and the statement of mental health treatment costs shall be sent to the State Department of Mental Health and the statement of all nontreatment costs shall be sent to the Controller for approval. After approval, the department shall cause the amount of mental health treatment costs incurred on or after July 1, 1987, to be paid to the county mental health director or his or her designee where the trial or hearing was held out of the money appropriated for this purpose by the Legislature. In addition, the Controller shall cause the amount of all nontreatment costs incurred on and after July 1, 1987, to be paid out of the money appropriated by the Legislature, to the county treasurer of the county where the trial or hearing was had. (b) Whenever a hearing is held pursuant to Section 1604, 1608, 1609, or 2966 of the Penal Code, all transportation costs to and from a state hospital or a facility designated by the community program director during the hearing shall be paid by the Controller as provided in this subdivision. The appropriate financial officer or other designated official of the county in which a hearing is held shall make out a statement of all transportation costs incurred by the county, which statement shall be properly certified by a judge of the superior court of that county and sent to the Controller for approval. The Controller shall cause the amount of transportation costs incurred on and after July 1, 1987, to be paid to the county treasurer of the county where the hearing was had out of the money appropriated by the Legislature. As used in this subdivision the community program director is the person designated pursuant to Section 1605 of the Penal Code.