BILL ANALYSIS Ó
AB 1016
Page 1
Date of Hearing: May 3, 2011
Counsel: Milena Nelson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1016 (Achadjian) - As Amended: March 23, 2011
SUMMARY : Entitles a city, county, or superior court to
reimbursement from the California Department of Corrections and
Rehabilitation (CDCR) for the reasonable and necessary costs
connected with state prisoners and any non-treatment costs, as
specified.
EXISTING LAW :
1)Entitles a city, county or superior court to reimbursement for
the reasonable and necessary costs connected with state
prisoners and any of the following (Penal Code Section 4750.):
a) Any crime committed in a state prison, whether by a
prisoner, employee, or other person;
b) Any crime committed by a prisoner in furtherance of an
escape, as specified;
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 related to
extradition of a prisoner;
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 extra security while the prisoner is outside a
state prison; or,
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h) Any crime committed by a state inmate at a state
hospital for the care, treatment, and education of the
mentally disordered, as specified.
2)States that no city, county, or other jurisdiction may file
for reimbursement under this section more than six months
after the close of the month in which the costs were incurred.
ÝPenal Code Section 4750(j).]
3)States that a financial officer or other designate official of
a county shall make statement of non-treatment and treatment
costs related to a hearing for specified prison or state
hospital related offenses, to be certified by the judge of the
superior court of that county, and sent to the controller for
approval. Upon approval, the county shall be reimbursed for
all non-treatment related costs from a fund appropriated by
the Legislature. ÝWelfare and Institutions Code Section
4117(a).]
4)States that a prisoner who is otherwise eligible for parole
may be committed if the following criteria are met (Penal Code
Section 2962):
a) He or she has a serious mental disorder that is not is
remission or cannot be kept in remission without treatment;
b) The severe mental disorder was one of the causes of or
was an aggravating factor in the commission of a crime for
which the prisoner was sentenced for prison;
c) The prisoner has been in treatment for the severe mental
disorder for 90 days or more within the year prior to the
prisoner's parole or release;
d) Prior to the prisoner's release or parole, a practicing
psychologist or psychiatrist from the state Department of
Mental Health (DMH) have evaluated the prisoner and a chief
psychiatrist of CDCR has certified that the prisoner has a
severe mental disorder, that the disorder is not in
remission, or cannot be kept in remission without
treatment, that the severe mental disorder was one of the
causes or was an aggregating factor in prisoner's criminal
behavior, that the prisoner has been in treatment for the
severe mental disorder for 90 days or more prior to
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release, and that because of his or her severe mental
disorder the prisoner represents a substantial danger of
physical harm to others; and,
e) The prisoner was sentenced to a determinate sentence for
specified crimes.
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Assembly Bill
1016 would clarify that the State Controller can reimburse a
county for the non-treatment costs associated with conducting
Mentally Disordered Offender (MDO) Trials, which the county is
already owed pursuant to existing law, from monies
appropriated by the Legislature for the purpose of reimbursing
cities and counties for prison and prisoner related costs."
2)Background : According to background provided by the author,
"MDOs are state parolees released from CDCR who meet specific
statutory criteria and are treated by DMH at a state
institution, such as Atascadero State Hospital, during their
three year probation period.
"By statutory definition, these MDOs suffer from a severe mental
disorder that is not in remission and whose original prison
sentence commitment crime involved a violent act. By law,
MDOs have the ability to challenge their commitment to a state
hospital by filing a petition in the Superior Court of the
county that hosts the state institution. Currently, about 90%
of MDOs are treated at Atascadero State Hospital in San Luis
Obispo County, while the remaining patients are treated at
Patton State Hospital in San Bernardino County.
"As the hosts to the state institutions, the District Attorneys
in San Luis Obispo and San Bernardino Counties represent the
State of California during MDO trials. If during the MDO
trial, the judge finds that the patient does not meet the
criteria for continued treatment, the patient is then paroled
to the county where he or she committed the crime that
originally led to incarceration. It is important to note that
although San Luis Obispo County conducts nearly 90% of the MDO
trials on behalf of the state, virtually none of the offenders
were originally committed to state prison from San Luis Obispo
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County.
"Over the past several years, the San Luis Obispo County
District Attorney's Office has averaged 494 MDO cases per
year. The cost associated with conducting these trials, over
$600,000 per year, has been reimbursed by the State pursuant
to Penal Code 4750. The financial burden associated with
conducting these trials is substantial, especially for a small
county like San Luis Obispo. Absent state reimbursement, San
Luis Obispo County would not have the resources necessary to
continue conducting MDO trials.
"If the District Attorneys of either County were to cease
conducting MDO trials, the responsibly would fall to the
Attorney General. Given the distance between San Luis Obispo
County and the Attorney General's Los Angeles office, the
costs for the Attorney General's office associated with
conducting these trails would likely exceed those of the
County.
"In late 2010, the State Controller abruptly ceased processing
MDO trial reimbursements, and notified the County that it
could no longer reimburse for MDO trial related costs because
it was not explicitly authorized to do so under Penal Code
4750. After a series of meetings between the County,
Assemblyman Achadjian, and the State Controller's Office in
spring of 2011, the Controller's office agreed to pay all
outstanding reimbursements owed to the County. Concurrently,
the State Controller requested that Assemblyman Achadjian
carry legislation that would clarify that such payments are
authorized under Penal Code 4750."
3)Previous Legislation : SB 1562 (Maldonado), Chapter 812,
Statutes of 2006, requires that the State reimburse counties
for reasonable and necessary costs incurred by a county with
respect to inmates housed at a state hospital in that county,
including, but not limited to, trial costs.
REGISTERED SUPPORT / OPPOSITION :
Support
San Luis Obispo Board of Supervisors (Sponsor)
Opposition
AB 1016
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None
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744