BILL NUMBER: SB 1265	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2010

INTRODUCED BY   Senator Dutton
   (Principal coauthor: Assembly Member Emmerson)

                        FEBRUARY 19, 2010

   An act to amend Section 4360 of the Welfare and Institutions Code,
relating to judicially committed patients.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1265, as amended, Dutton. Forensic Conditional Release Program.

   Existing law provides that the State Department of Mental Health
shall provide mental health treatment and supervision in the
community for judicially committed persons, as specified. Existing
law provides that the department may provide these services directly
or through contract with private providers or counties, including
administrative and ancillary services related to the provision of
direct services. Existing law provides that the program established
and administered by the department to provide services pursuant to
this authority shall be known as the Forensic Conditional Release
Program.
   This bill would authorize programs providing services pursuant to
this provision to inform local enforcement agencies of  the names
and addresses of  program participants in the law enforcement
agency's jurisdiction.  The bill would limit the number of
program participants residing in independent group living program
facilities to no more than 3. The bill would prohibit program
participants from residing within 2,000 feet of any public or private
school. The bill would require that independent living program
facilities house only one program participant per room  
The bill would specify that providing this notice does not relieve a
person or entity of any statutory duty .
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


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

  SECTION 1.  Section 4360 of the Welfare and Institutions Code is
amended to read:
   4360.  (a) The department shall provide mental health treatment
and supervision in the community for judicially committed persons.
The program established and administered by the department under this
chapter to provide these services shall be known as the Forensic
Conditional Release Program and may be used by the department in
accordance with this section to provide services in the community to
other patient populations for which the department has direct
responsibility.
   (b) The department may provide directly, or through contract with
private providers or counties, for these services, including
administrative and ancillary services related to the provision of
direct services. These contracts shall be exempt from the
requirements contained in the Public Contract Code and the State
Administrative Manual, and from approval by the Department of General
Services. Subject to approval by the department, a county or private
provider under contract to the department to provide these services
may subcontract with private providers for those services.
   (c) Notwithstanding Section 5328, programs providing services
pursuant to this section may inform local law enforcement agencies of
 the names and addresses of  program participants who
reside within that agency's jurisdiction.  Providing notice under
this subdivision does not relieve a person or entity of any
statutory duty.  
   (d) All of the following shall apply to the Forensic Conditional
Release Program:  
   (1) The number of program participants residing in independent
group living program facilities shall be no more than three.
 
   (2) Independent group living program facilities shall only house
one program participant per room.  
   (3) Program participants shall be prohibited from residing within
2,000 feet of any public or private school.