BILL NUMBER: AB 1016 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 15, 2011
AMENDED IN ASSEMBLY MARCH 23, 2011
INTRODUCED BY Assembly Member Achadjian
FEBRUARY 18, 2011
An act to amend Section 4750 of the Penal Code, and to amend
Section 4117 of the Welfare and Institutions Code, relating to state
hospitals, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1016, as amended, Achadjian. Inmates: state hospitals:
reimbursement of costs.
Under existing law, a county is required to submit a statement of
all nontreatment costs incurred by the county relating to a trial or
hearing for a person who is confined to a state hospital, as
specified, to the Controller for approval. Existing law requires
those costs to be paid out of money appropriated by the Legislature
to the county treasurer of the county in which the trial or hearing
was held.
Under existing law, a city, county, or superior court is entitled
to reimbursement for reasonable and necessary costs connected with
trials and hearings relating to state prisons or prisoners, as
specified.
This bill requires would require
that reimbursement for specified nontreatment costs be
paid from moneys appropriated by the Legislature for purposes of
reimbursing cities, counties, or superior courts for
prison-and prison- and prisoner-related costs.
By adding a new purpose for previously appropriated funds, this
will bill would make an appropriation.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
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.
(i) Commencing January 1, 2012, any nontreatment costs described
in subdivision (b) of Section 4117 of the Welfare and
Institutions Code.
(j) No city, county, or other jurisdiction may file, and the state
may not reimburse, a claim pursuant to this section that is
presented to the Department of Corrections and Rehabilitation or to
any other agency or department of the state more than six months
after the close of the month in which the costs were incurred.
SEC. 2. 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.
Commencing
(b) Commencing January 1, 2012,
the nontreatment costs associated with Section 2966 of the Penal
Code and approved by the Controller, as required by subdivision (a),
shall be paid by the Department of Corrections and
Rehabilitation pursuant to Section 4750 of the Penal Code.
(b)
(c) 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.