BILL NUMBER: AB 1470 ENROLLED
BILL TEXT
PASSED THE SENATE JUNE 15, 2012
PASSED THE ASSEMBLY JUNE 15, 2012
AMENDED IN SENATE JUNE 13, 2012
INTRODUCED BY Committee on Budget (Blumenfield (Chair), Alejo,
Bonilla, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,
Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)
JANUARY 10, 2012
An act to amend Sections 2728, 2728.5, 2873.6, 4115, and 4531 of
the Business and Professions Code, to amend Section 1322 of the
Government Code, to amend Sections 136, 1180.2, 1180.6, 1250.1,
1276.4, 1312, 1316.5, and 127400 of the Health and Safety Code, to
amend Sections 290.04, 290.05, 290.06, 290.46, 667.5, 830.38, 830.5,
1026, 1174.2, 1203e, 1369.1, 1370, 1372, 1601, 1605, 1615, 1616,
1617, 1618, 2684, 2962, 2964, 2968, 2970, 2972, 2976, 2978, 3000,
3000.08, 3058.8, 3072, 3451, 5021, 5024, 6007, 6044, 13510.5,
13885.6, 14202.2, 28220, 28225, 29515, and 30105 of the Penal Code,
and to amend Sections 736, 1756, 3300, 4000, 4001, 4004, 4005, 4006,
4008, 4010, 4011.5, 4012, 4012.5, 4015, 4024, 4027, 4042, 4100.2,
4101, 4101.5, 4104, 4106, 4107, 4107.1, 4109, 4109.5, 4110, 4111,
4112, 4114, 4117, 4118, 4119, 4122, 4123, 4124, 4126, 4127, 4133,
4134, 4135, 4137, 4138, 4200, 4202, 4243, 4244, 4245, 4301, 4302,
4319, 4320, 4330, 4331, 4332, 4333, 4333.5, 4334, 4335, 4341.5, 4360,
4440.1, 5008, 5008.1, 5306.5, 5328.8, 5331, 5333, 5352.5, 5355,
5366, 5402.2, 5511, 5701.2, 6000, 6600.05, 6601, 6601.3, 6602,
6602.5, 6604, 6605, 6606, 6608, 6750, 7200.06, 7201, 7202, 7206,
7207, 7226, 7228, 7230, 7231, 7232, 7250, 7251, 7252, 7253, 7254,
7276, 7277, 7278, 7281, 7282, 7282.1, 7283, 7284, 7285, 7286, 7287,
7288, 7289, 7289.1, 7290, 7292, 7293, 7294, 7300, 7301, 7303, 7304,
7325, 7328, 7329, 7352, 7353, 7354, 7356, 7357, 7359, 7362, 8050,
8051, 8053, 15630, 17601, 17601.05, and 17601.10 of, to add Section
4005.5 to, and to repeal Sections 5328.35, 5587, 6718, 7200.05,
7200.07, and 7275.1 of, the Welfare and Institutions Code, relating
to mental health, and making an appropriation therefor, to take
effect immediately, bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 1470, Committee on Budget. Mental health: State Department of
State Hospitals.
Existing law provides for state hospitals for the care, treatment,
and education of mentally disordered persons. These hospitals are
under the jurisdiction of the State Department of Mental Health,
which is authorized by existing law to adopt regulations regarding
the conduct and management of these facilities. Existing law
establishes the Mental Health Subaccount of the Sales Tax Account in
the continuously appropriated Local Revenue Fund for allocation into
the mental health account of each local health and welfare trust
fund, as specified. Existing law establishes the Mental Health
Facilities Fund, which consists of the continuously appropriated
State Hospital Account and the continuously appropriated Institutions
for Mental Disease Account, and requires disbursement monthly of
funds deposited to those accounts to the State Department of Mental
Health, as specified.
This bill would, instead, establish the State Department of State
Hospitals, would require state hospitals to be under the jurisdiction
of that department, and would require the State Department of Health
Care Services to perform other specified duties instead of the State
Department of Mental Health. This bill would provide that all
regulations relating to state hospitals adopted by the State
Department of Mental Health pursuant to authority transferred to the
State Department of State Hospitals and in effect immediately
preceding the operative date of this bill, shall remain in effect and
be fully enforceable unless and until readopted, amended, or
repealed by the Director of State Hospitals. This bill would specify
the calculation for certain reimbursements for use of state hospital
beds by counties that have not contracted with the State Department
of State Hospitals, which are withheld from allocations from the
Mental Health Subaccount of the Sales Tax Account in the Local
Revenue Fund. This bill would require that funds deposited in the
State Hospital Account be disbursed monthly to the State Department
of State Hospitals and that funds deposited in the Institutions for
Mental Disease Account be disbursed monthly to the State Department
of Health Care Services. This bill would also make conforming changes
and delete various obsolete provisions.
Existing law prohibits a person from being tried or adjudged to
punishment while the person is mentally incompetent. Existing law
allows a county jail to be designated to provide medically approved
medication to defendants found to be mentally incompetent and unable
to provide informed consent due to a mental disorder upon the
concurrence of the county board of supervisors, the county mental
health director, and the county sheriff. Pursuant to these
provisions, existing law also provides that a treatment facility for
mentally incompetent defendants may include a county jail only for
the sole purpose of administering antipsychotic medication pursuant
to a court order, and provided the maximum period of time a defendant
may be treated in a county jail treatment facility shall not exceed
6 months. Existing law provides that these provisions shall remain in
effect until January 1, 2015, and as of that date are repealed.
This bill would recast these provisions and make them operative
until January 1, 2016. It would provide that a treatment facility
includes a county jail without the limitation pertaining to
administering antipsychotic medication pursuant to a court order. The
bill would also delete an obsolete requirement that the State
Department of Mental Health report to the Legislature regarding
defendants that are incompetent to stand trial.
Existing law provides that a trial or judgment shall be suspended
until a person becomes mentally competent, and requires that a
mentally incompetent defendant either be delivered to a state
hospital, a treatment facility, or be placed on outpatient status.
Prior to placement, existing law requires the court to order the
community program director or designee to evaluate the defendant and
submit a written recommendation to the court as to whether the
defendant should be required to undergo outpatient treatment, or
committed to a state hospital or to any other treatment facility.
This bill would require the community program director or designee
to evaluate the appropriate placement for the mentally disordered
defendant to a state hospital or a local county jail treatment
facility based on guidelines provided by the State Department of
State Hospitals. The bill would require the State Department of State
Hospitals to provide treatment at the county jail treatment facility
and to reimburse the county jail treatment facility for the
reasonable costs of the bed during the treatment. This bill would
provide that the 6-month limitation on treatment in a county jail
treatment facility shall not apply to these individuals. The bill
would make an additional conforming change.
Existing law authorizes, until September 2012, the State
Department of Mental Health to house up to 1,530 patients at Patton
State Hospital. Existing law provides that, until a permanent housing
and treatment facility is available, Atascadero State Hospital shall
be used whenever a sexually violent predator, as defined, is
committed to a secure facility for mental health treatment, as
prescribed. Existing law permits the State Department of Mental
Health to place health facility beds at Coalinga State Hospital in
suspense for a period of up to 6 years in providing programming to
specified individuals using an outpatient/day treatment model.
This bill would instead provide that Coalinga State Hospital shall
be used when a sexually violent predator is committed to a secure
facility for mental health treatment, and would instead provide that
the State Department of State Hospitals may suspend health facility
beds at Coalinga State Hospital in order to meet the mental health
and medical needs of the patient population. This bill would extend
the date the State Department of State Hospitals may house up to
1,530 patients at Patton State Hospital to September 2020.
This bill would appropriate $1,000 to the State Department of
Health Care Services for administration.
This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2728 of the Business and Professions Code is
amended to read:
2728. If adequate medical and nursing supervision by a
professional nurse or nurses is provided, nursing service may be
given by attendants, psychiatric technicians, or psychiatric
technician interim permittees in institutions under the jurisdiction
of the State Department of State Hospitals or the State Department of
Developmental Services or subject to visitation by the State
Department of Public Health or the Department of Corrections and
Rehabilitation. Services so given by a psychiatric technician shall
be limited to services which he or she is authorized to perform by
his or her license as a psychiatric technician. Services so given by
a psychiatric technician interim permittee shall be limited to skills
included in his or her basic course of study and performed under the
supervision of a licensed psychiatric technician or registered
nurse.
The Director of State Hospitals, the Director of Developmental
Services, and the State Public Health Officer shall determine what
shall constitute adequate medical and nursing supervision in any
institution under the jurisdiction of the State Department of State
Hospitals or the State Department of Developmental Services or
subject to visitation by the State Department of Public Health.
Notwithstanding any other provision of law, institutions under the
jurisdiction of the State Department of State Hospitals or the State
Department of Developmental Services may utilize graduates of
accredited psychiatric technician training programs who are not
licensed psychiatric technicians or psychiatric technician interim
permittees to perform skills included in their basic course of study
when supervised by a licensed psychiatric technician or registered
nurse, for a period not to exceed nine months.
SEC. 2. Section 2728.5 of the Business and Professions Code is
amended to read:
2728.5. Except for those provisions of law relating to directors
of nursing services, nothing in this chapter or any other provision
of law shall prevent the utilization of a licensed psychiatric
technician or psychiatric technician interim permittee in performing
services used in the care, treatment, and rehabilitation of mentally
ill, emotionally disturbed, or developmentally disabled persons
within the scope of practice for which he or she is licensed or
authorized in facilities under the jurisdiction of the State
Department of State Hospitals or the State Department of
Developmental Services or licensed by the State Department of Public
Health, that he or she is licensed to perform as a psychiatric
technician, or authorized to perform as a psychiatric technician
interim permittee including any nursing services under Section 2728,
in facilities under the jurisdiction of the State Department of State
Hospitals or the State Department of Developmental Services or
subject to visitation by the State Department of Public Health.
SEC. 3. Section 2873.6 of the Business and Professions Code is
amended to read:
2873.6. (a) Any person who on the effective date of this section
is employed as a medical technical assistant or as a senior medical
technical assistant by the Department of Corrections and
Rehabilitation, who served on active duty in the medical corps of any
of the Armed Forces of the United States or who served in the United
States Public Health Service, in which no less than an aggregate of
12 months was spent in rendering patient care, who completed the
basic course of instruction in nursing required by the United States
Public Health Service, or by his or her particular branch of the
armed forces, and who was honorably discharged therefrom, shall be
granted an employment restricted license upon proof that he or she
possesses the necessary qualifications of this section as set forth
in his or her service and discharge records. An employment restricted
license issued pursuant to this subdivision shall authorize the
holder thereof to practice vocational nursing only within a facility
of the Department of Corrections and Rehabilitation and shall be
valid only for the period of employment. In order to obtain a
nonrestricted license as a vocational nurse, a medical technical
assistant shall apply and take the examination as required and
normally administered by the Board of Vocational Nursing and
Psychiatric Technicians of the State of California.
(b) On and after the effective date of this section, no person
shall be appointed as a medical technical assistant by the Department
of Corrections and Rehabilitation unless the person complies with
one of the following:
(1) Is a licensed vocational nurse or a registered nurse.
(2) Has served on active duty in the medical corps of any of the
Armed Forces of the United States or who served in the United States
Public Health Service, in which no less than an aggregate of 12
months was spent in rendering patient care, who completed the basic
course of instruction in nursing required by the United States Public
Health Service, or by his or her particular branch of the armed
forces, and who has been honorably discharged therefrom. The
Department of Corrections and Rehabilitation is authorized only to
hire persons who are eligible for licensure, and as a condition of
employment shall require that those persons obtain a license as a
vocational nurse within six months of employment. He or she shall be
supervised by a registered nurse or physician and surgeon and shall
not administer medications until licensed.
(c) Notwithstanding subdivision (a), any person who was granted a
restricted vocational nurse's license pursuant to that subdivision
and who was employed in the psychiatric unit of the California
Medical Facility at the time of the unit's transfer from the
Department of Corrections to the State Department of Mental Health on
July 1, 1988, shall continue to hold his or her license.
SEC. 4. Section 4115 of the Business and Professions Code is
amended to read:
4115. (a) A pharmacy technician may perform packaging,
manipulative, repetitive, or other nondiscretionary tasks, only while
assisting, and while under the direct supervision and control of a
pharmacist.
(b) This section does not authorize the performance of any tasks
specified in subdivision (a) by a pharmacy technician without a
pharmacist on duty.
(c) This section does not authorize a pharmacy technician to
perform any act requiring the exercise of professional judgment by a
pharmacist.
(d) The board shall adopt regulations to specify tasks pursuant to
subdivision (a) that a pharmacy technician may perform under the
supervision of a pharmacist. Any pharmacy that employs a pharmacy
technician shall do so in conformity with the regulations adopted by
the board.
(e) No person shall act as a pharmacy technician without first
being licensed by the board as a pharmacy technician.
(f) (1) A pharmacy with only one pharmacist shall have no more
than one pharmacy technician performing the tasks specified in
subdivision (a). The ratio of pharmacy technicians performing the
tasks specified in subdivision (a) to any additional pharmacist shall
not exceed 2:1, except that this ratio shall not apply to personnel
performing clerical functions pursuant to Section 4116 or 4117. This
ratio is applicable to all practice settings, except for an inpatient
of a licensed health facility, a patient of a licensed home health
agency, as specified in paragraph (2), an inmate of a correctional
facility of the Department of Corrections and Rehabilitation, and for
a person receiving treatment in a facility operated by the State
Department of State Hospitals, the State Department of Developmental
Services, or the Department of Veterans Affairs.
(2) The board may adopt regulations establishing the ratio of
pharmacy technicians performing the tasks specified in subdivision
(a) to pharmacists applicable to the filling of prescriptions of an
inpatient of a licensed health facility and for a patient of a
licensed home health agency. Any ratio established by the board
pursuant to this subdivision shall allow, at a minimum, at least one
pharmacy technician for a single pharmacist in a pharmacy and two
pharmacy technicians for each additional pharmacist, except that this
ratio shall not apply to personnel performing clerical functions
pursuant to Section 4116 or 4117.
(3) A pharmacist scheduled to supervise a second pharmacy
technician may refuse to supervise a second pharmacy technician if
the pharmacist determines, in the exercise of his or her professional
judgment, that permitting the second pharmacy technician to be on
duty would interfere with the effective performance of the pharmacist'
s responsibilities under this chapter. A pharmacist assigned to
supervise a second pharmacy technician shall notify the pharmacist in
charge in writing of his or her determination, specifying the
circumstances of concern with respect to the pharmacy or the pharmacy
technician that have led to the determination, within a reasonable
period, but not to exceed 24 hours, after the posting of the relevant
schedule. No entity employing a pharmacist may discharge,
discipline, or otherwise discriminate against any pharmacist in the
terms and conditions of employment for exercising or attempting to
exercise in good faith the right established pursuant to this
paragraph.
(g) Notwithstanding subdivisions (a) and (b), the board shall by
regulation establish conditions to permit the temporary absence of a
pharmacist for breaks and lunch periods pursuant to Section 512 of
the Labor Code and the orders of the Industrial Welfare Commission
without closing the pharmacy. During these temporary absences, a
pharmacy technician may, at the discretion of the pharmacist, remain
in the pharmacy but may only perform nondiscretionary tasks. The
pharmacist shall be responsible for a pharmacy technician and shall
review any task performed by a pharmacy technician during the
pharmacist's temporary absence. Nothing in this subdivision shall be
construed to authorize a pharmacist to supervise pharmacy technicians
in greater ratios than those described in subdivision (f).
(h) The pharmacist on duty shall be directly responsible for the
conduct of a pharmacy technician supervised by that pharmacist.
SEC. 5. Section 4531 of the Business and Professions Code is
amended to read:
4531. The course of instruction of an approved school shall
consist of not less than the number of hours or semester units of
instruction required for the other program administered by the board.
The subjects of instruction shall include the principles of the care
of the mentally disabled and the developmentally disabled. Clinical
inpatient experience shall be an integral part of that prescribed or
equivalent course of study and training. The experience shall be
obtained in a state hospital, except where the board finds that the
requirement is not feasible due either to the distance of a state
hospital from the school or the unavailability, as determined by the
State Department of Developmental Services or the State Department of
State Hospitals, of state hospital clinical training placements.
SEC. 6. Section 1322 of the Government Code is amended to read:
1322. In addition to any other statutory provisions requiring
confirmation by the Senate of officers appointed by the Governor, the
appointments by the Governor of the following officers and the
appointments by him or her to the listed boards and commissions are
subject to confirmation by the Senate:
(1) California Horse Racing Board.
(2) Court Reporters Board of California.
(3) Chief, Division of Occupational Safety and Health.
(4) Chief, Division of Labor Standards Enforcement.
(5) Commissioner of Corporations.
(6) Contractors State License Board.
(7) Director of Fish and Game.
(8) Director of Health Care Services.
(9) Chief Deputy, State Department of Health Care Services.
(10) Real Estate Commissioner.
(11) State Athletic Commissioner.
(12) State Board of Barbering and Cosmetology Examiners.
(13) State Librarian.
(14) Director of Social Services.
(15) Chief Deputy, State Department of Social Services.
(16) Director of State Hospitals.
(17) Chief Deputy, State Department of State Hospitals.
(18) Director of Developmental Services.
(19) Chief Deputy, State Department of Developmental Services.
(20) Director of Alcohol and Drug Abuse.
(21) Director of Rehabilitation.
(22) Chief Deputy, Department of Rehabilitation.
(23) Director of the Office of Statewide Health Planning and
Development.
(24) Deputy, Health and Welfare Agency.
(25) Director, Department of Managed Health Care.
(26) Patient Advocate, Department of Managed Health Care.
(27) State Public Health Officer, State Department of Public
Health.
(28) Chief Deputy, State Department of Public Health.
SEC. 7. Section 136 of the Health and Safety Code is amended to
read:
136. (a) The California Health and Human Services Agency shall
establish an interagency task force on women's health composed of
representatives of the State Department of Health Care Services, the
State Department of Public Health, the State Department of
Developmental Services, the State Department of Social Services, and
the Major Risk Medical Insurance Program.
(b) The State Department of Education, the Department of Housing
and Community Development, the office of the Attorney General, the
State Department of State Hospitals, and the Department of
Corrections and Rehabilitation may participate with the interagency
task force on women's health when necessary to implement the state
strategy developed pursuant to Section 137.
SEC. 8. Section 1180.2 of the Health and Safety Code is amended to
read:
1180.2. (a) This section shall apply to the state hospitals
operated by the State Department of State Hospitals and facilities
operated by the State Department of Developmental Services that
utilize seclusion or behavioral restraints.
(b) The State Department of State Hospitals and the State
Department of Developmental Services shall develop technical
assistance and training programs to support the efforts of facilities
described in subdivision (a) to reduce or eliminate the use of
seclusion and behavioral restraints in those facilities.
(c) Technical assistance and training programs should be designed
with the input of stakeholders, including clients and direct care
staff, and should be based on best practices that lead to the
avoidance of the use of seclusion and behavioral restraints,
including, but not limited to, all of the following:
(1) Conducting an intake assessment that is consistent with
facility policies and that includes issues specific to the use of
seclusion and behavioral restraints as specified in Section 1180.4.
(2) Utilizing strategies to engage clients collaboratively in
assessment, avoidance, and management of crisis situations in order
to prevent incidents of the use of seclusion and behavioral
restraints.
(3) Recognizing and responding appropriately to underlying reasons
for escalating behavior.
(4) Utilizing conflict resolution, effective communication,
deescalation, and client-centered problem solving strategies that
diffuse and safely resolve emerging crisis situations.
(5) Individual treatment planning that identifies risk factors,
positive early intervention strategies, and strategies to minimize
time spent in seclusion or behavioral restraints. Individual
treatment planning should include input from the person affected.
(6) While minimizing the duration of time spent in seclusion or
behavioral restraints, using strategies to mitigate the emotional and
physical discomfort and ensure the safety of the person involved in
seclusion or behavioral restraints, including input from the person
about what would alleviate his or her distress.
(7) Training in conducting an effective debriefing meeting as
specified in Section 1180.5, including the appropriate persons to
involve, the voluntary participation of the person who has been in
seclusion or behavioral restraints, and strategic interventions to
engage affected persons in the process. The training should include
strategies that result in maximum participation and comfort for the
involved parties to identify factors that lead to the use of
seclusion and behavioral restraints and factors that would reduce the
likelihood of future incidents.
(d) (1) The State Department of State Hospitals and the State
Department of Developmental Services shall take steps to establish a
system of mandatory, consistent, timely, and publicly accessible data
collection regarding the use of seclusion and behavioral restraints
in facilities described in this section. It is the intent of the
Legislature that data be compiled in a manner that allows for
standard statistical comparison.
(2) The State Department of State Hospitals and the State
Department of Developmental Services shall develop a mechanism for
making this information publicly available on the Internet.
(3) Data collected pursuant to this section shall include all of
the following:
(A) The number of deaths that occur while persons are in seclusion
or behavioral restraints, or where it is reasonable to assume that a
death was proximately related to the use of seclusion or behavioral
restraints.
(B) The number of serious injuries sustained by persons while in
seclusion or subject to behavioral restraints.
(C) The number of serious injuries sustained by staff that occur
during the use of seclusion or behavioral restraints.
(D) The number of incidents of seclusion.
(E) The number of incidents of use of behavioral restraints.
(F) The duration of time spent per incident in seclusion.
(G) The duration of time spent per incident subject to behavioral
restraints.
(H) The number of times an involuntary emergency medication is
used to control behavior, as defined by the State Department of State
Hospitals.
(e) A facility described in subdivision (a) shall report each
death or serious injury of a person occurring during, or related to,
the use of seclusion or behavioral restraints. This report shall be
made to the agency designated in subdivision (i) of Section 4900 of
the Welfare and Institutions Code no later than the close of the
business day following the death or injury. The report shall include
the encrypted identifier of the person involved, and the name, street
address, and telephone number of the facility.
SEC. 9. Section 1180.6 of the Health and Safety Code is amended to
read:
1180.6. The State Department of Health Care Services, the State
Department of State Hospitals, the State Department of Social
Services, and the State Department of Developmental Services shall
annually provide information to the Legislature, during Senate and
Assembly budget committee hearings, about the progress made in
implementing this division. This information shall include the
progress of implementation and barriers to achieving full
implementation.
SEC. 10. Section 1250.1 of the Health and Safety Code is amended
to read:
1250.1. (a) The department shall adopt regulations that define
all of the following bed classifications for health facilities:
(1) General acute care.
(2) Skilled nursing.
(3) Intermediate care-developmental disabilities.
(4) Intermediate care--other.
(5) Acute psychiatric.
(6) Specialized care, with respect to special hospitals only.
(7) Chemical dependency recovery.
(8) Intermediate care facility/developmentally disabled
habilitative.
(9) Intermediate care facility/developmentally disabled nursing.
(10) Congregate living health facility.
(11) Pediatric day health and respite care facility, as defined in
Section 1760.2.
(12) Correctional treatment center. For correctional treatment
centers that provide psychiatric and psychological services provided
by county mental health agencies in local detention facilities, the
State Department of State Hospitals shall adopt regulations
specifying acute and nonacute levels of 24-hour care. Licensed
inpatient beds in a correctional treatment center shall be used only
for the purpose of providing health services.
(b) Except as provided in Section 1253.1, beds classified as
intermediate care beds, on September 27, 1978, shall be reclassified
by the department as intermediate care--other. This reclassification
shall not constitute a "project" within the meaning of Section 127170
and shall not be subject to any requirement for a certificate of
need under Chapter 1 (commencing with Section 127125) of Part 2 of
Division 107, and regulations of the department governing
intermediate care prior to the effective date shall continue to be
applicable to the intermediate care--other classification unless and
until amended or repealed by the department.
SEC. 11. Section 1276.4 of the Health and Safety Code is amended
to read:
1276.4. (a) By January 1, 2002, the State Department of Public
Health shall adopt regulations that establish minimum, specific, and
numerical licensed nurse-to-patient ratios by licensed nurse
classification and by hospital unit for all health facilities
licensed pursuant to subdivision (a), (b), or (f) of Section 1250.
The State Department of Public Health shall adopt these regulations
in accordance with the department's licensing and certification
regulations as stated in Sections 70053.2, 70215, and 70217 of Title
22 of the California Code of Regulations, and the professional and
vocational regulations in Section 1443.5 of Title 16 of the
California Code of Regulations. The department shall review these
regulations five years after adoption and shall report to the
Legislature regarding any proposed changes. Flexibility shall be
considered by the department for rural general acute care hospitals
in response to their special needs. As used in this subdivision,
"hospital unit" means a critical care unit, burn unit, labor and
delivery room, postanesthesia service area, emergency department,
operating room, pediatric unit, step-down/intermediate care unit,
specialty care unit, telemetry unit, general medical care unit,
subacute care unit, and transitional inpatient care unit. The
regulation addressing the emergency department shall distinguish
between regularly scheduled core staff licensed nurses and additional
licensed nurses required to care for critical care patients in the
emergency department.
(b) These ratios shall constitute the minimum number of registered
and licensed nurses that shall be allocated. Additional staff shall
be assigned in accordance with a documented patient classification
system for determining nursing care requirements, including the
severity of the illness, the need for specialized equipment and
technology, the complexity of clinical judgment needed to design,
implement, and evaluate the patient care plan and the ability for
self-care, and the licensure of the personnel required for care.
(c) "Critical care unit" as used in this section means a unit that
is established to safeguard and protect patients whose severity of
medical conditions requires continuous monitoring, and complex
intervention by licensed nurses.
(d) All health facilities licensed under subdivision (a), (b), or
(f) of Section 1250 shall adopt written policies and procedures for
training and orientation of nursing staff.
(e) No registered nurse shall be assigned to a nursing unit or
clinical area unless that nurse has first received orientation in
that clinical area sufficient to provide competent care to patients
in that area, and has demonstrated current competence in providing
care in that area.
(f) The written policies and procedures for orientation of nursing
staff shall require that all temporary personnel shall receive
orientation and be subject to competency validation consistent with
Sections 70016.1 and 70214 of Title 22 of the California Code of
Regulations.
(g) Requests for waivers to this section that do not jeopardize
the health, safety, and well-being of patients affected and that are
needed for increased operational efficiency may be granted by the
department to rural general acute care hospitals meeting the criteria
set forth in Section 70059.1 of Title 22 of the California Code of
Regulations.
(h) In case of conflict between this section and any provision or
regulation defining the scope of nursing practice, the scope of
practice provisions shall control.
(i) The regulations adopted by the department shall augment and
not replace existing nurse-to-patient ratios that exist in regulation
or law for the intensive care units, the neonatal intensive care
units, or the operating room.
(j) The regulations adopted by the department shall not replace
existing licensed staff-to-patient ratios for hospitals operated by
the State Department of State Hospitals.
(k) The regulations adopted by the department for health
facilities licensed under subdivision (b) of Section 1250 that are
not operated by the State Department of State Hospitals shall take
into account the special needs of the patients served in the
psychiatric units.
( l ) The department may take into consideration the
unique nature of the University of California teaching hospitals as
educational institutions when establishing licensed nurse-to-patient
ratios. The department shall coordinate with the Board of Registered
Nursing to ensure that staffing ratios are consistent with the Board
of Registered Nursing approved nursing education requirements. This
includes nursing clinical experience incidental to a work-study
program rendered in a University of California clinical facility
approved by the Board of Registered Nursing provided there will be
sufficient direct care registered nurse preceptors available to
ensure safe patient care.
SEC. 12. Section 1312 of the Health and Safety Code is amended to
read:
1312. Before a person who is required to register as a sex
offender under Section 290 of the Penal Code is released into a
long-term health care facility, as defined in Section 1418, the
Department of Corrections and Rehabilitation, the State Department of
State Hospitals, or any other official in charge of the place of
confinement, shall notify the facility, in writing, that the sex
offender is being released to reside at the facility.
SEC. 13. Section 1316.5 of the Health and Safety Code is amended
to read:
1316.5. (a) (1) Each health facility owned and operated by the
state offering care or services within the scope of practice of a
psychologist shall establish rules and medical staff bylaws that
include provisions for medical staff membership and clinical
privileges for clinical
psychologists within the scope of their licensure as psychologists,
subject to the rules and medical staff bylaws governing medical staff
membership or privileges as the facility shall establish. The rules
and regulations shall not discriminate on the basis of whether the
staff member holds an M.D., D.O., D.D.S., D.P.M., or doctoral degree
in psychology within the scope of the member's respective licensure.
Each of these health facilities owned and operated by the state shall
establish a staff comprised of physicians and surgeons, dentists,
podiatrists, psychologists, or any combination thereof, that shall
regulate the admission, conduct, suspension, or termination of the
staff appointment of psychologists employed by the health facility.
(2) With regard to the practice of psychology in health facilities
owned and operated by the state offering care or services within the
scope of practice of a psychologist, medical staff status shall
include and provide for the right to pursue and practice full
clinical privileges for holders of a doctoral degree of psychology
within the scope of their respective licensure. These rights and
privileges shall be limited or restricted only upon the basis of an
individual practitioner's demonstrated competence. Competence shall
be determined by health facility rules and medical staff bylaws that
are necessary and are applied in good faith, equally and in a
nondiscriminatory manner, to all practitioners, regardless of whether
they hold an M.D., D.O., D.D.S., D.P.M., or doctoral degree in
psychology.
(3) Nothing in this subdivision shall be construed to require a
health facility owned and operated by the state to offer a specific
health service or services not otherwise offered. If a health service
is offered in such a health facility that includes provisions for
medical staff membership and clinical privileges for clinical
psychologists, the facility shall not discriminate between persons
holding an M.D., D.O., D.D.S., D.P.M., or doctoral degree in
psychology who are authorized by law to perform the service within
the scope of the person's respective licensure.
(4) The rules and medical staff bylaws of a health facility owned
and operated by the state that include provisions for medical staff
membership and clinical privileges for medical staff and duly
licensed clinical psychologists shall not discriminate on the basis
of whether the staff member holds an M.D., D.O., D.D.S., D.P.M., or
doctoral degree in psychology within the scope of the member's
respective licensure. The health facility staff of these health
facilities who process, review, evaluate, and determine
qualifications for staff privileges for medical staff shall include,
if possible, staff members who are clinical psychologists.
(b) (1) The rules of a health facility not owned or operated by
this state may enable the appointment of clinical psychologists on
the terms and conditions that the facility shall establish. In these
health facilities, clinical psychologists may hold membership and
serve on committees of the medical staff and carry professional
responsibilities consistent with the scope of their licensure and
their competence, subject to the rules of the health facility.
(2) Nothing in this subdivision shall be construed to require a
health facility not owned or operated by this state to offer a
specific health service or services not otherwise offered. If a
health service is offered by a health facility with both licensed
physicians and surgeons and clinical psychologists on the medical
staff, which both licensed physicians and surgeons and clinical
psychologists are authorized by law to perform, the service may be
performed by either, without discrimination.
(3) This subdivision shall not prohibit a health facility that is
a clinical teaching facility owned or operated by a university
operating a school of medicine from requiring that a clinical
psychologist have a faculty teaching appointment as a condition for
eligibility for staff privileges at that facility.
(4) In any health facility that is not owned or operated by this
state that provides staff privileges to clinical psychologists, the
health facility staff who process, review, evaluate, and determine
qualifications for staff privileges for medical staff shall include,
if possible, staff members who are clinical psychologists.
(c) No classification of health facilities by the department, nor
any other classification of health facilities based on quality of
service or otherwise, by any person, body, or governmental agency of
this state or any subdivision thereof shall be affected by a health
facility's provision for use of its facilities by duly licensed
clinical psychologists, nor shall any classification of these
facilities be affected by the subjection of the psychologists to the
rules and regulations of the organized professional staff. No
classification of health facilities by any governmental agency of
this state or any subdivision thereof pursuant to any law, whether
enacted prior or subsequent to the effective date of this section,
for the purposes of ascertaining eligibility for compensation,
reimbursement, or other benefit for treatment of patients shall be
affected by a health facility's provision for use of its facilities
by duly licensed clinical psychologists, nor shall any classification
of these facilities be affected by the subjection of the
psychologists to the rules and regulations of the organized
professional staff which govern the psychologists' use of the
facilities.
(d) "Clinical psychologist," as used in this section, means a
psychologist licensed by this state who meets both of the following
requirements:
(1) Possesses an earned doctorate degree in psychology from an
educational institution meeting the criteria of subdivision (b) of
Section 2914 of the Business and Professions Code.
(2) Has not less than two years clinical experience in a
multidisciplinary facility licensed or operated by this or another
state or by the United States to provide health care, or, is listed
in the latest edition of the National Register of Health Service
Providers in Psychology, as adopted by the Council for the National
Register of Health Service Providers in Psychology.
(e) Nothing in this section is intended to expand the scope of
licensure of clinical psychologists. Notwithstanding the Ralph C.
Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4
of Title 1 of the Government Code), the Public Employment Relations
Board is precluded from creating any additional bargaining units for
the purpose of exclusive representation of state psychologist
employees that might result because of medical staff membership
and/or privilege changes for psychologists due to the enactment of
provisions by Assembly Bill No. 3141 of the 1995-96 Regular Session.
SEC. 14. Section 127400 of the Health and Safety Code is amended
to read:
127400. As used in this article, the following terms have the
following meanings:
(a) "Allowance for financially qualified patient" means, with
respect to services rendered to a financially qualified patient, an
allowance that is applied after the hospital's charges are imposed on
the patient, due to the patient's determined financial inability to
pay the charges.
(b) "Federal poverty level" means the poverty guidelines updated
periodically in the Federal Register by the United States Department
of Health and Human Services under authority of subsection (2) of
Section 9902 of Title 42 of the United States Code.
(c) "Financially qualified patient" means a patient who is both of
the following:
(1) A patient who is a self-pay patient, as defined in subdivision
(f) or a patient with high medical costs, as defined in subdivision
(g).
(2) A patient who has a family income that does not exceed 350
percent of the federal poverty level.
(d) "Hospital" means a facility that is required to be licensed
under subdivision (a), (b), or (f) of Section 1250, except a facility
operated by the State Department of State Hospitals or the
Department of Corrections and Rehabilitation.
(e) "Office" means the Office of Statewide Health Planning and
Development.
(f) "Self-pay patient" means a patient who does not have
third-party coverage from a health insurer, health care service plan,
Medicare, or Medicaid, and whose injury is not a compensable injury
for purposes of workers' compensation, automobile insurance, or other
insurance as determined and documented by the hospital. Self-pay
patients may include charity care patients.
(g) "A patient with high medical costs" means a person whose
family income does not exceed 350 percent of the federal poverty
level, as defined in subdivision (b), if that individual does not
receive a discounted rate from the hospital as a result of his or her
third-party coverage. For these purposes, "high medical costs" means
any of the following:
(1) Annual out-of-pocket costs incurred by the individual at the
hospital that exceed 10 percent of the patient's family income in the
prior 12 months.
(2) Annual out-of-pocket expenses that exceed 10 percent of the
patient's family income, if the patient provides documentation of the
patient's medical expenses paid by the patient or the patient's
family in the prior 12 months.
(3) A lower level determined by the hospital in accordance with
the hospital's charity care policy.
(h) "Patient's family" means the following:
(1) For persons 18 years of age and older, spouse, domestic
partner, as defined in Section 297 of the Family Code, and dependent
children under 21 years of age, whether living at home or not.
(2) For persons under 18 years of age, parent, caretaker
relatives, and other children under 21 years of age of the parent or
caretaker relative.
SEC. 15. Section 290.04 of the Penal Code is amended to read:
290.04. (a) (1) The sex offender risk assessment tools authorized
by this section for use with selected populations shall be known,
with respect to each population, as the State-Authorized Risk
Assessment Tool for Sex Offenders (SARATSO). If a SARATSO has not
been selected for a given population pursuant to this section, no
duty to administer the SARATSO elsewhere in this code shall apply
with respect to that population. Every person required to register as
a sex offender shall be subject to assessment with the SARATSO as
set forth in this section and elsewhere in this code.
(2) A representative of the Department of Corrections and
Rehabilitation, in consultation with a representative of the State
Department of State Hospitals and a representative of the Attorney
General's office, shall comprise the SARATSO Review Committee. The
purpose of the committee, which shall be staffed by the Department of
Corrections and Rehabilitation, shall be to ensure that the SARATSO
reflects the most reliable, objective, and well-established protocols
for predicting sex offender risk of recidivism, has been
scientifically validated and cross validated, and is, or is
reasonably likely to be, widely accepted by the courts. The committee
shall consult with experts in the fields of risk assessment and the
use of actuarial instruments in predicting sex offender risk, sex
offending, sex offender treatment, mental health, and law, as it
deems appropriate.
(b) (1) Commencing January 1, 2007, the SARATSO for adult males
required to register as sex offenders shall be the STATIC-99 risk
assessment scale, which shall be the SARATSO static tool for adult
males.
(2) The SARATSO Review Committee shall determine whether the
STATIC-99 should be supplemented with an empirically derived
instrument that measures dynamic risk factors or whether the
STATIC-99 should be replaced as the SARATSO with a different risk
assessment tool. The SARATSO Review Committee shall select an
empirically derived instrument that measures dynamic risk factors and
an empirically derived instrument that measures risk of future
violence. The selected instruments shall be the SARATSO dynamic tool
for adult males and the SARATSO future violence tool for adult males.
If the committee unanimously agrees on changes to be made to a
designated SARATSO, it shall advise the Governor and the Legislature
of the changes, and the Department of Corrections and Rehabilitation
shall post the decision on its Internet Web site. Sixty days after
the decision is posted, the selected tool shall become the SARATSO
for adult males.
(c) On or before July 1, 2007, the SARATSO Review Committee shall
research risk assessment tools for adult females required to register
as sex offenders. If the committee unanimously agrees on an
appropriate risk assessment tool to be used to assess this
population, it shall advise the Governor and the Legislature of the
selected tool, and the State Department of Mental Health shall post
the decision on its Internet Web site. Sixty days after the decision
is posted, the selected tool shall become the SARATSO for adult
females.
(d) On or before July 1, 2007, the SARATSO Review Committee shall
research risk assessment tools for male juveniles required to
register as sex offenders. If the committee unanimously agrees on an
appropriate risk assessment tool to be used to assess this
population, it shall advise the Governor and the Legislature of the
selected tool, and the State Department of Mental Health shall post
the decision on its Internet Web site. Sixty days after the decision
is posted, the selected tool shall become the SARATSO for male
juveniles.
(e) On or before July 1, 2007, the SARATSO Review Committee shall
research risk assessment tools for female juveniles required to
register as sex offenders. If the committee unanimously agrees on an
appropriate risk assessment tool to be used to assess this
population, it shall advise the Governor and the Legislature of the
selected tool, and the State Department of Mental Health shall post
the decision on its Internet Web site. Sixty days after the decision
is posted, the selected tool shall become the SARATSO for female
juveniles.
(f) The committee shall periodically evaluate the SARATSO static,
dynamic, and risk of future violence tools for each specified
population. If the committee unanimously agrees on a change to the
SARATSO for any population, it shall advise the Governor and the
Legislature of the selected tool, and the Department of Corrections
and Rehabilitation shall post the decision on its Internet Web site.
Sixty days after the decision is posted, the selected tool shall
become the SARATSO for that population.
(g) The committee shall perform other functions consistent with
the provisions of this act or as may be otherwise required by law,
including, but not limited to, defining tiers of risk based on the
SARATSO. The committee shall be immune from liability for good faith
conduct under this act.
SEC. 16. Section 290.05 of the Penal Code is amended to read:
290.05. (a) The SARATSO Training Committee shall be comprised of
a representative of the State Department of State Hospitals, a
representative of the Department of Corrections and Rehabilitation, a
representative of the Attorney General's Office, and a
representative of the Chief Probation Officers of California.
(b) On or before January 1, 2008, the SARATSO Training Committee,
in consultation with the Corrections Standards Authority and the
Commission on Peace Officer Standards and Training, shall develop a
training program for persons authorized by this code to administer
the static SARATSO, as set forth in Section 290.04.
(c) (1) The Department of Corrections and Rehabilitation shall be
responsible for overseeing the training of persons who will
administer the static SARATSO pursuant to paragraph (1) or (2) of
subdivision (a) of Section 290.06.
(2) The State Department of State Hospitals shall be responsible
for overseeing the training of persons who will administer the static
SARATSO pursuant to paragraph (3) of subdivision (a) of Section
290.06.
(3) The Correction Standards Authority shall be responsible for
developing standards for the training of persons who will administer
the static SARATSO pursuant to paragraph (5) or (6) of subdivision
(a) of Section 290.06.
(4) The Commission on Peace Officer Standards and Training shall
be responsible for developing standards for the training of persons
who will administer the static SARATSO pursuant to subdivision (b) of
Section 290.06.
(d) The training shall be conducted by experts in the field of
risk assessment and the use of actuarial instruments in predicting
sex offender risk. Subject to requirements established by the
committee, the Department of Corrections and Rehabilitation, the
State Department of State Hospitals, probation departments, and
authorized local law enforcement agencies shall designate key persons
within their organizations to attend training and, as authorized by
the department, to train others within their organizations designated
to perform risk assessments as required or authorized by law. Any
person who administers the static SARATSO shall receive training no
less frequently than every two years.
(e) If the agency responsible for scoring the static SARATSO
believes an individual score does not represent the person's true
risk level, based on factors in the offender's record, the agency may
submit the case to the experts retained by the SARATSO Review
Committee to monitor the scoring of the SARATSO. Those experts shall
be guided by empirical research in determining whether to raise or
lower the risk level. Agencies that score the static SARATSO shall
develop a protocol for submission of risk level override requests to
the experts retained in accordance with this subdivision.
(f) The static SARATSO may be performed for purposes authorized by
statute only by persons trained pursuant to this section. Persons
who administer the dynamic SARATSO and the future violence SARATSO
shall be trained to administer the dynamic and future violence
SARATSO tools as required in Section 290.09. Probation officers or
parole agents may be trained by SARATSO experts on the dynamic
SARATSO tool and perform assessments on that tool only if authorized
by the SARATSO Training Committee to do so after successful
completion of training.
SEC. 17. Section 290.06 of the Penal Code is amended to read:
290.06. The static SARATSO, as set forth in Section 290.04, shall
be administered as follows:
(a) (1) The Department of Corrections and Rehabilitation shall
assess every eligible person who is incarcerated in state prison.
Whenever possible, the assessment shall take place at least four
months, but no sooner than 10 months, prior to release from
incarceration.
(2) The department shall assess every eligible person who is on
parole if the person was not assessed prior to release from state
prison. Whenever possible, the assessment shall take place at least
four months, but no sooner than 10 months, prior to termination of
parole. The department shall record in a database the risk assessment
scores of persons assessed pursuant to this paragraph and paragraph
(1), and any risk assessment score that was submitted to the
department by a probation officer pursuant to Section 1203.
(3) The department shall assess every person on parole transferred
from any other state or by the federal government to this state who
has been, or is hereafter convicted in any other court, including any
state, federal, or military court, of any offense that, if committed
or attempted in this state, would have been punishable as one or
more of the offenses described in subdivision (c) of Section 290. The
assessment required by this paragraph shall occur no later than 60
days after a determination by the Department of Justice that the
person is required to register as a sex offender in California
pursuant to Section 290.005.
(4) The State Department of State Hospitals shall assess every
eligible person who is committed to that department. Whenever
possible, the assessment shall take place at least four months, but
no sooner than 10 months, prior to release from commitment. The State
Department of State Hospitals shall record in a database the risk
assessment scores of persons assessed pursuant to this paragraph and
any risk assessment score that was submitted to the department by a
probation officer pursuant to Section 1203.
(5) Commencing January 1, 2010, the Department of Corrections and
Rehabilitation and the State Department of State Hospitals shall send
the scores obtained in accordance with paragraphs (2), (3), and (4)
to the Department of Justice Sex Offender Tracking Program not later
than 30 days after the date of the assessment. The risk assessment
score of an offender shall be made part of his or her file maintained
by the Department of Justice Sex Offender Tracking Program as soon
as possible without financial impact, but no later than January 1,
2012.
(6) Each probation department shall, prior to sentencing, assess
every eligible person as defined in subdivision (c), whether or not a
report is prepared pursuant to Section 1203.
(7) Each probation department shall assess every eligible person
under its supervision who was not assessed pursuant to paragraph (6).
The assessment shall take place prior to the termination of
probation, but no later than January 1, 2010.
(b) Eligible persons not assessed pursuant to subdivision (a) may
be assessed as follows:
(1) Upon request of the law enforcement agency in the jurisdiction
in which the person is registered pursuant to Sections 290 to
290.023, inclusive, the person shall be assessed. The law enforcement
agency may enter into a memorandum of understanding with a probation
department to perform the assessment. In the alternative, the law
enforcement agency may arrange to have personnel trained to perform
the risk assessment in accordance with subdivision (d) of Section
290.05.
(2) Eligible persons not assessed pursuant to subdivision (a) may
request that a risk assessment be performed. A request form shall be
available at registering law enforcement agencies. The person
requesting the assessment shall pay a fee for the assessment that
shall be sufficient to cover the cost of the assessment. The risk
assessment so requested shall be performed either by the probation
department, if a memorandum of understanding is established between
the law enforcement agency and the probation department, or by
personnel who have been trained to perform risk assessment in
accordance with subdivision (d) of Section 290.05.
(c) For purposes of this section,"eligible person" means a person
who was convicted of an offense that requires him or her to register
as a sex offender pursuant to the Sex Offender Registration Act and
who is eligible for assessment, pursuant to the official Coding Rules
designated for use with the risk assessment instrument by the author
of any risk assessment instrument (SARATSO) selected by the SARATSO
Review Committee.
(d) Persons authorized to perform risk assessments pursuant to
this section, Section 1203, and Section 706 of the Welfare and
Institutions Code shall be immune from liability for good faith
conduct under this act.
SEC. 18. Section 290.46 of the Penal Code is amended to read:
290.46. (a) (1) On or before the dates specified in this section,
the Department of Justice shall make available information
concerning persons who are required to register pursuant to Section
290 to the public via an Internet Web site as specified in this
section. The department shall update the Internet Web site on an
ongoing basis. All information identifying the victim by name, birth
date, address, or relationship to the registrant shall be excluded
from the Internet Web site. The name or address of the person's
employer and the listed person's criminal history other than the
specific crimes for which the person is required to register shall
not be included on the Internet Web site. The Internet Web site shall
be translated into languages other than English as determined by the
department.
(2) (A) On or before July 1, 2010, the Department of Justice shall
make available to the public, via an Internet Web site as specified
in this section, as to any person described in subdivision (b), (c),
or (d), the following information:
(i) The year of conviction of his or her most recent offense
requiring registration pursuant to Section 290.
(ii) The year he or she was released from incarceration for that
offense.
(iii) Whether he or she was subsequently incarcerated for any
other felony, if that fact is reported to the department. If the
department has no information about a subsequent incarceration for
any felony, that fact shall be noted on the Internet Web site.
However, no year of conviction shall be made available to the
public unless the department also is able to make available the
corresponding year of release of incarceration for that offense, and
the required notation regarding any subsequent felony.
(B) (i) Any state facility that releases from incarceration a
person who was incarcerated because of a crime for which he or she is
required to register as a sex offender pursuant to Section 290
shall, within 30 days of release, provide the year of release for his
or her most recent offense requiring registration to the Department
of Justice in a manner and format approved by the department.
(ii) Any state facility that releases a person who is required to
register pursuant to Section 290 from incarceration whose
incarceration was for a felony committed subsequently to the offense
for which he or she is required to register shall, within 30 days of
release, advise the Department of Justice of that fact.
(iii) Any state facility that, prior to January 1, 2007, released
from incarceration a person who was incarcerated because of a crime
for which he or she is required to register as a sex offender
pursuant to Section 290 shall provide the year of release for his or
her most recent offense requiring registration to the Department of
Justice in a manner and format approved by the department. The
information provided by the Department of Corrections and
Rehabilitation shall be limited to information that is currently
maintained in an electronic format.
(iv) Any state facility that, prior to January 1, 2007, released a
person who is required to register pursuant to Section 290 from
incarceration whose incarceration was for a felony committed
subsequently to the offense for which he or she is required to
register shall advise the Department of Justice of that fact in a
manner and format approved by the department. The information
provided by the Department of Corrections and Rehabilitation shall be
limited to information
that is currently maintained in an electronic format.
(3) The State Department of State Hospitals shall provide to the
Department of Justice Sex Offender Tracking Program the names of all
persons committed to its custody pursuant to Article 4 (commencing
with Section 6600) of Chapter 2 of Part 2 of Division 6 of the
Welfare and Institutions Code, within 30 days of commitment, and
shall provide the names of all of those persons released from its
custody within five working days of release.
(b) (1) On or before July 1, 2005, with respect to a person who
has been convicted of the commission or the attempted commission of
any of the offenses listed in, or who is described in, paragraph (2),
the Department of Justice shall make available to the public via the
Internet Web site his or her name and known aliases, a photograph, a
physical description, including gender and race, date of birth,
criminal history, prior adjudication as a sexually violent predator,
the address at which the person resides, and any other information
that the Department of Justice deems relevant, but not the
information excluded pursuant to subdivision (a). On or before
January 1, 2013, the department shall make available to the public
via the Internet Web site his or her static SARATSO score and
information on an elevated risk level based on the SARATSO future
violence tool.
(2) This subdivision shall apply to the following offenses and
offenders:
(A) Section 187 committed in the perpetration, or an attempt to
perpetrate, rape or any act punishable under Section 286, 288, 288a,
or 289.
(B) Section 207 committed with intent to violate Section 261, 286,
288, 288a, or 289.
(C) Section 209 committed with intent to violate Section 261, 286,
288, 288a, or 289.
(D) Paragraph (2) or (6) of subdivision (a) of Section 261.
(E) Section 264.1.
(F) Section 269.
(G) Subdivision (c) or (d) of Section 286.
(H) Subdivision (a), (b), or (c) of Section 288, provided that the
offense is a felony.
(I) Subdivision (c) or (d) of Section 288a.
(J) Section 288.3, provided that the offense is a felony.
(K) Section 288.4, provided that the offense is a felony.
(L) Section 288.5.
(M) Subdivision (a) or (j) of Section 289.
(N) Section 288.7.
(O) Any person who has ever been adjudicated a sexually violent
predator, as defined in Section 6600 of the Welfare and Institutions
Code.
(P) A felony violation of Section 311.1.
(Q) A felony violation of subdivision (b), (c), or (d) of Section
311.2.
(R) A felony violation of Section 311.3.
(S) A felony violation of subdivision (a), (b), or (c) of Section
311.4.
(T) Section 311.10.
(U) A felony violation of Section 311.11.
(c) (1) On or before July 1, 2005, with respect to a person who
has been convicted of the commission or the attempted commission of
any of the offenses listed in paragraph (2), the Department of
Justice shall make available to the public via the Internet Web site
his or her name and known aliases, a photograph, a physical
description, including gender and race, date of birth, criminal
history, the community of residence and ZIP Code in which the person
resides or the county in which the person is registered as a
transient, and any other information that the Department of Justice
deems relevant, but not the information excluded pursuant to
subdivision (a). On or before July 1, 2006, the Department of Justice
shall determine whether any person convicted of an offense listed in
paragraph (2) also has one or more prior or subsequent convictions
of an offense listed in subdivision (c) of Section 290, and, for
those persons, the Department of Justice shall make available to the
public via the Internet Web site the address at which the person
resides. However, the address at which the person resides shall not
be disclosed until a determination is made that the person is, by
virtue of his or her additional prior or subsequent conviction of an
offense listed in subdivision (c) of Section 290, subject to this
subdivision.
(2) This subdivision shall apply to the following offenses:
(A) Section 220, except assault to commit mayhem.
(B) Paragraph (1), (3), or (4) of subdivision (a) of Section 261.
(C) Paragraph (2) of subdivision (b), or subdivision (f), (g), or
(i), of Section 286.
(D) Paragraph (2) of subdivision (b), or subdivision (f), (g), or
(i), of Section 288a.
(E) Subdivision (b), (d), (e), or (i) of Section 289.
(d) (1) On or before July 1, 2005, with respect to a person who
has been convicted of the commission or the attempted commission of
any of the offenses listed in, or who is described in, this
subdivision, the Department of Justice shall make available to the
public via the Internet Web site his or her name and known aliases, a
photograph, a physical description, including gender and race, date
of birth, criminal history, the community of residence and ZIP Code
in which the person resides or the county in which the person is
registered as a transient, and any other information that the
Department of Justice deems relevant, but not the information
excluded pursuant to subdivision (a) or the address at which the
person resides.
(2) This subdivision shall apply to the following offenses and
offenders:
(A) Subdivision (a) of Section 243.4, provided that the offense is
a felony.
(B) Section 266, provided that the offense is a felony.
(C) Section 266c, provided that the offense is a felony.
(D) Section 266j.
(E) Section 267.
(F) Subdivision (c) of Section 288, provided that the offense is a
misdemeanor.
(G) Section 288.3, provided that the offense is a misdemeanor.
(H) Section 288.4, provided that the offense is a misdemeanor.
(I) Section 626.81.
(J) Section 647.6.
(K) Section 653c.
(L) Any person required to register pursuant to Section 290 based
upon an out-of-state conviction, unless that person is excluded from
the Internet Web site pursuant to subdivision (e). However, if the
Department of Justice has determined that the out-of-state crime, if
committed or attempted in this state, would have been punishable in
this state as a crime described in subdivision (c) of Section 290,
the person shall be placed on the Internet Web site as provided in
subdivision (b) or (c), as applicable to the crime.
(e) (1) If a person has been convicted of the commission or the
attempted commission of any of the offenses listed in this
subdivision, and he or she has been convicted of no other offense
listed in subdivision (b), (c), or (d) other than those listed in
this subdivision, that person may file an application with the
Department of Justice, on a form approved by the department, for
exclusion from the Internet Web site. If the department determines
that the person meets the requirements of this subdivision, the
department shall grant the exclusion and no information concerning
the person shall be made available via the Internet Web site
described in this section. He or she bears the burden of proving the
facts that make him or her eligible for exclusion from the Internet
Web site. However, a person who has filed for or been granted an
exclusion from the Internet Web site is not relieved of his or her
duty to register as a sex offender pursuant to Section 290 nor from
any otherwise applicable provision of law.
(2) This subdivision shall apply to the following offenses:
(A) A felony violation of subdivision (a) of Section 243.4.
(B) Section 647.6, if the offense is a misdemeanor.
(C) A felony violation of Section 311.1, subdivision (b), (c), or
(d) of Section 311.2, or Section 311.3, 311.4, 311.10, or 311.11 if
the person submits to the department a certified copy of a probation
report filed in court that clearly states that all victims involved
in the commission of the offense were at least 16 years of age or
older at the time of the commission of the offense.
(D) (i) An offense for which the offender successfully completed
probation, provided that the offender submits to the department a
certified copy of a probation report, presentencing report, report
prepared pursuant to Section 288.1, or other official court document
that clearly demonstrates that the offender was the victim's parent,
stepparent, sibling, or grandparent and that the crime did not
involve either oral copulation or penetration of the vagina or rectum
of either the victim or the offender by the penis of the other or by
any foreign object.
(ii) An offense for which the offender is on probation at the time
of his or her application, provided that the offender submits to the
department a certified copy of a probation report, presentencing
report, report prepared pursuant to Section 288.1, or other official
court document that clearly demonstrates that the offender was the
victim's parent, stepparent, sibling, or grandparent and that the
crime did not involve either oral copulation or penetration of the
vagina or rectum of either the victim or the offender by the penis of
the other or by any foreign object.
(iii) If, subsequent to his or her application, the offender
commits a violation of probation resulting in his or her
incarceration in county jail or state prison, his or her exclusion,
or application for exclusion, from the Internet Web site shall be
terminated.
(iv) For the purposes of this subparagraph, "successfully
completed probation" means that during the period of probation the
offender neither received additional county jail or state prison time
for a violation of probation nor was convicted of another offense
resulting in a sentence to county jail or state prison.
(3) If the department determines that a person who was granted an
exclusion under a former version of this subdivision would not
qualify for an exclusion under the current version of this
subdivision, the department shall rescind the exclusion, make a
reasonable effort to provide notification to the person that the
exclusion has been rescinded, and, no sooner than 30 days after
notification is attempted, make information about the offender
available to the public on the Internet Web site as provided in this
section.
(4) Effective January 1, 2012, no person shall be excluded
pursuant to this subdivision unless the offender has submitted to the
department documentation sufficient for the department to determine
that he or she has a SARATSO risk level of low or moderate-low.
(f) The Department of Justice shall make a reasonable effort to
provide notification to persons who have been convicted of the
commission or attempted commission of an offense specified in
subdivision (b), (c), or (d), that on or before July 1, 2005, the
department is required to make information about specified sex
offenders available to the public via an Internet Web site as
specified in this section. The Department of Justice shall also make
a reasonable effort to provide notice that some offenders are
eligible to apply for exclusion from the Internet Web site.
(g) (1) A designated law enforcement entity, as defined in
subdivision (f) of Section 290.45, may make available information
concerning persons who are required to register pursuant to Section
290 to the public via an Internet Web site as specified in paragraph
(2).
(2) The law enforcement entity may make available by way of an
Internet Web site the information described in subdivision (c) if it
determines that the public disclosure of the information about a
specific offender by way of the entity's Internet Web site is
necessary to ensure the public safety based upon information
available to the entity concerning that specific offender.
(3) The information that may be provided pursuant to this
subdivision may include the information specified in subdivision (b)
of Section 290.45. However, that offender's address may not be
disclosed unless he or she is a person whose address is on the
Department of Justice's Internet Web site pursuant to subdivision (b)
or (c).
(h) For purposes of this section, "offense" includes the statutory
predecessors of that offense, or any offense committed in another
jurisdiction that, if committed or attempted to be committed in this
state, would have been punishable in this state as an offense listed
in subdivision (c) of Section 290.
(i) Notwithstanding Section 6254.5 of the Government Code,
disclosure of information pursuant to this section is not a waiver of
exemptions under Chapter 3.5 (commencing with Section 6250) of Title
1 of Division 7 of the Government Code and does not affect other
statutory restrictions on disclosure in other situations.
(j) (1) Any person who uses information disclosed pursuant to this
section to commit a misdemeanor shall be subject to, in addition to
any other penalty or fine imposed, a fine of not less than ten
thousand dollars ($10,000) and not more than fifty thousand dollars
($50,000).
(2) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to any other punishment, by a five-year term of
imprisonment pursuant to subdivision (h) of Section 1170.
(k) Any person who is required to register pursuant to Section 290
who enters an Internet Web site established pursuant to this section
shall be punished by a fine not exceeding one thousand dollars
($1,000), imprisonment in a county jail for a period not to exceed
six months, or by both that fine and imprisonment.
( l ) (1) A person is authorized to use information
disclosed pursuant to this section only to protect a person at risk.
(2) Except as authorized under paragraph (1) or any other
provision of law, use of any information that is disclosed pursuant
to this section for purposes relating to any of the following is
prohibited:
(A) Health insurance.
(B) Insurance.
(C) Loans.
(D) Credit.
(E) Employment.
(F) Education, scholarships, or fellowships.
(G) Housing or accommodations.
(H) Benefits, privileges, or services provided by any business
establishment.
(3) This section shall not affect authorized access to, or use of,
information pursuant to, among other provisions, Sections 11105 and
11105.3, Section 8808 of the Family Code, Sections 777.5 and 14409.2
of the Financial Code, Sections 1522.01 and 1596.871 of the Health
and Safety Code, and Section 432.7 of the Labor Code.
(4) (A) Any use of information disclosed pursuant to this section
for purposes other than those provided by paragraph (1) or in
violation of paragraph (2) shall make the user liable for the actual
damages, and any amount that may be determined by a jury or a court
sitting without a jury, not exceeding three times the amount of
actual damage, and not less than two hundred fifty dollars ($250),
and attorney's fees, exemplary damages, or a civil penalty not
exceeding twenty-five thousand dollars ($25,000).
(B) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in a pattern or practice of misuse of
the information available via an Internet Web site established
pursuant to this section in violation of paragraph (2), the Attorney
General, any district attorney, or city attorney, or any person
aggrieved by the misuse is authorized to bring a civil action in the
appropriate court requesting preventive relief, including an
application for a permanent or temporary injunction, restraining
order, or other order against the person or group of persons
responsible for the pattern or practice of misuse. The foregoing
remedies shall be independent of any other remedies or procedures
that may be available to an aggrieved party under other provisions of
law, including Part 2 (commencing with Section 43) of Division 1 of
the Civil Code.
(m) The public notification provisions of this section are
applicable to every person described in this section, without regard
to when his or her crimes were committed or his or her duty to
register pursuant to Section 290 arose, and to every offense
described in this section, regardless of when it was committed.
(n) A designated law enforcement entity and its employees shall be
immune from liability for good faith conduct under this section.
(o) The Attorney General, in collaboration with local law
enforcement and others knowledgeable about sex offenders, shall
develop strategies to assist members of the public in understanding
and using publicly available information about registered sex
offenders to further public safety. These strategies may include, but
are not limited to, a hotline for community inquiries, neighborhood
and business guidelines for how to respond to information posted on
this Internet Web site, and any other resource that promotes public
education about these offenders.
SEC. 19. Section 667.5 of the Penal Code is amended to read:
667.5. Enhancement of prison terms for new offenses because of
prior prison terms shall be imposed as follows:
(a) Where one of the new offenses is one of the violent felonies
specified in subdivision (c), in addition to and consecutive to any
other prison terms therefor, the court shall impose a three-year term
for each prior separate prison term served by the defendant where
the prior offense was one of the violent felonies specified in
subdivision (c). However, no additional term shall be imposed under
this subdivision for any prison term served prior to a period of 10
years in which the defendant remained free of both prison custody and
the commission of an offense which results in a felony conviction.
(b) Except where subdivision (a) applies, where the new offense is
any felony for which a prison sentence or a sentence of imprisonment
in a county jail under subdivision (h) of Section 1170 is imposed or
is not suspended, in addition and consecutive to any other sentence
therefor, the court shall impose a one-year term for each prior
separate prison term or county jail term imposed under subdivision
(h) of Section 1170 or when sentence is not suspended for any felony;
provided that no additional term shall be imposed under this
subdivision for any prison term or county jail term imposed under
subdivision (h) of Section 1170 or when sentence is not suspended
prior to a period of five years in which the defendant remained free
of both the commission of an offense which results in a felony
conviction, and prison custody or the imposition of a term of jail
custody imposed under subdivision (h) of Section 1170 or any felony
sentence that is not suspended. A term imposed under the provisions
of paragraph (5) of subdivision (h) of Section 1170, wherein a
portion of the term is suspended by the court to allow postrelease
supervision, shall qualify as a prior county jail term for the
purposes of the one-year enhancement.
(c) For the purpose of this section, "violent felony" shall mean
any of the following:
(1) Murder or voluntary manslaughter.
(2) Mayhem.
(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of
Section 261 or paragraph (1) or (4) of subdivision (a) of Section
262.
(4) Sodomy as defined in subdivision (c) or (d) of Section 286.
(5) Oral copulation as defined in subdivision (c) or (d) of
Section 288a.
(6) Lewd or lascivious act as defined in subdivision (a) or (b) of
Section 288.
(7) Any felony punishable by death or imprisonment in the state
prison for life.
(8) Any felony in which the defendant inflicts great bodily injury
on any person other than an accomplice which has been charged and
proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or
after July 1, 1977, or as specified prior to July 1, 1977, in
Sections 213, 264, and 461, or any felony in which the defendant uses
a firearm which use has been charged and proved as provided in
subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.
(9) Any robbery.
(10) Arson, in violation of subdivision (a) or (b) of Section 451.
(11) Sexual penetration as defined in subdivision (a) or (j) of
Section 289.
(12) Attempted murder.
(13) A violation of Section 18745, 18750, or 18755.
(14) Kidnapping.
(15) Assault with the intent to commit a specified felony, in
violation of Section 220.
(16) Continuous sexual abuse of a child, in violation of Section
288.5.
(17) Carjacking, as defined in subdivision (a) of Section 215.
(18) Rape, spousal rape, or sexual penetration, in concert, in
violation of Section 264.1.
(19) Extortion, as defined in Section 518, which would constitute
a felony violation of Section 186.22 of the Penal Code.
(20) Threats to victims or witnesses, as defined in Section 136.1,
which would constitute a felony violation of Section 186.22 of the
Penal Code.
(21) Any burglary of the first degree, as defined in subdivision
(a) of Section 460, wherein it is charged and proved that another
person, other than an accomplice, was present in the residence during
the commission of the burglary.
(22) Any violation of Section 12022.53.
(23) A violation of subdivision (b) or (c) of Section 11418. The
Legislature finds and declares that these specified crimes merit
special consideration when imposing a sentence to display society's
condemnation for these extraordinary crimes of violence against the
person.
(d) For the purposes of this section, the defendant shall be
deemed to remain in prison custody for an offense until the official
discharge from custody or until release on parole, whichever first
occurs, including any time during which the defendant remains subject
to reimprisonment for escape from custody or is reimprisoned on
revocation of parole. The additional penalties provided for prior
prison terms shall not be imposed unless they are charged and
admitted or found true in the action for the new offense.
(e) The additional penalties provided for prior prison terms shall
not be imposed for any felony for which the defendant did not serve
a prior separate term in state prison or in county jail under
subdivision (h) of Section 1170.
(f) A prior conviction of a felony shall include a conviction in
another jurisdiction for an offense which, if committed in
California, is punishable by imprisonment in the state prison or in
county jail under subdivision (h) of Section 1170 if the defendant
served one year or more in prison for the offense in the other
jurisdiction. A prior conviction of a particular felony shall include
a conviction in another jurisdiction for an offense which includes
all of the elements of the particular felony as defined under
California law if the defendant served one year or more in prison for
the offense in the other jurisdiction.
(g) A prior separate prison term for the purposes of this section
shall mean a continuous completed period of prison incarceration
imposed for the particular offense alone or in combination with
concurrent or consecutive sentences for other crimes, including any
reimprisonment on revocation of parole which is not accompanied by a
new commitment to prison, and including any reimprisonment after an
escape from incarceration.
(h) Serving a prison term includes any confinement time in any
state prison or federal penal institution as punishment for
commission of an offense, including confinement in a hospital or
other institution or facility credited as service of prison time in
the jurisdiction of the confinement.
(i) For the purposes of this section, a commitment to the State
Department of State Hospitals as a mentally disordered sex offender
following a conviction of a felony, which commitment exceeds one year
in duration, shall be deemed a prior prison term.
(j) For the purposes of this section, when a person subject to the
custody, control, and discipline of the Secretary of the Department
of Corrections and Rehabilitation is incarcerated at a facility
operated by the Division of Juvenile Justice, that incarceration
shall be deemed to be a term served in state prison.
(k) (1) Notwithstanding subdivisions (d) and (g) or any other
provision of law, where one of the new offenses is committed while
the defendant is temporarily removed from prison pursuant to Section
2690 or while the defendant is transferred to a community facility
pursuant to Section 3416, 6253, or 6263, or while the defendant is on
furlough pursuant to Section 6254, the defendant shall be subject to
the full enhancements provided for in this section.
(2) This subdivision shall not apply when a full, separate, and
consecutive term is imposed pursuant to any other provision of law.
SEC. 20. Section 830.38 of the Penal Code is amended to read:
830.38. The officers of a state hospital under the jurisdiction
of the State Department of State Hospitals or the State Department of
Developmental Services appointed pursuant to Section 4313 or 4493 of
the Welfare and Institutions Code, are peace officers whose
authority extends to any place in the state for the purpose of
performing their primary duty or when making an arrest pursuant to
Section 836 as to any public offense with respect to which there is
immediate danger to person or property, or of the escape of the
perpetrator of that offense, or pursuant to Section 8597 or 8598 of
the Government Code provided that the primary duty of the peace
officers shall be the enforcement of the law as set forth in Sections
4311, 4313, 4491, and 4493 of the Welfare and Institutions Code.
Those peace officers may carry firearms only if authorized and under
terms and conditions specified by their employing agency.
SEC. 21. Section 830.5 of the Penal Code is amended to read:
830.5. The following persons are peace officers whose authority
extends to any place in the state while engaged in the performance of
the duties of their respective employment and for the purpose of
carrying out the primary function of their employment or as required
under Sections 8597, 8598, and 8617 of the Government Code, as
amended by Section 44 of Chapter 1124 of the Statutes of 2002. Except
as specified in this section, these peace officers may carry
firearms only if authorized and under those terms and conditions
specified by their employing agency:
(a) A parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and Rehabilitation,
Division of Juvenile Parole Operations, probation officer, deputy
probation officer, or a board coordinating parole agent employed by
the Juvenile Parole Board. Except as otherwise provided in this
subdivision, the authority of these parole or probation officers
shall extend only as follows:
(1) To conditions of parole, probation, or postrelease community
supervision by any person in this state on parole, probation, or
postrelease community supervision.
(2) To the escape of any inmate or ward from a state or local
institution.
(3) To the transportation of persons on parole, probation, or
postrelease community supervision.
(4) To violations of any penal provisions of law which are
discovered while performing the usual or authorized duties of his or
her employment.
(5) (A) To the rendering of mutual aid to any other law
enforcement agency.
(B) For the purposes of this subdivision, "parole agent" shall
have the same meaning as parole officer of the Department of
Corrections and Rehabilitation or of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice.
(C) Any parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and Rehabilitation,
Division of Juvenile Parole Operations, is authorized to carry
firearms, but only as determined by the director on a case-by-case or
unit-by-unit basis and only under those terms and conditions
specified by the director or chairperson. The Department of
Corrections and Rehabilitation, Division of Juvenile Justice, shall
develop a policy for arming peace officers of the Department of
Corrections and Rehabilitation, Division of Juvenile Justice, who
comprise "high-risk transportation details" or "high-risk escape
details" no later than June 30, 1995. This policy shall be
implemented no later than December 31, 1995.
(D) The Department of Corrections and Rehabilitation, Division of
Juvenile Justice, shall train and arm those peace officers who
comprise tactical teams at each facility for use during "high-risk
escape details."
(b) A correctional officer employed by the Department of
Corrections and Rehabilitation, or of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice, having custody of
wards or any employee of the Department of Corrections and
Rehabilitation designated by the secretary or any correctional
counselor series employee of the Department of Corrections and
Rehabilitation or any medical technical assistant series employee
designated by the secretary or designated by the secretary and
employed by the State Department of State Hospitals or any employee
of the Board of Parole Hearings designated by the secretary or
employee of the Department of Corrections and Rehabilitation,
Division of Juvenile Justice, designated by the secretary or any
superintendent, supervisor, or employee having custodial
responsibilities in an institution operated by a probation
department, or any transportation officer of a probation department.
(c) The following persons may carry a firearm while not on duty: a
parole officer of the Department of Corrections and Rehabilitation,
or the Department of Corrections and Rehabilitation, Division of
Juvenile Justice, a correctional officer or correctional counselor
employed by the Department of Corrections and Rehabilitation, or an
employee of the Department of Corrections and Rehabilitation,
Division of Juvenile Justice, having custody of wards or any employee
of the Department of Corrections and Rehabilitation designated by
the secretary. A parole officer of the Juvenile Parole Board may
carry a firearm while not on duty only when so authorized by the
chairperson of the board and only under the terms and conditions
specified by the chairperson. Nothing in this section shall be
interpreted to require licensure pursuant to Section 25400. The
director or chairperson may deny, suspend, or revoke for good cause a
person's right to carry a firearm under this subdivision. That
person shall, upon request, receive a hearing, as provided for in the
negotiated grievance procedure between the exclusive employee
representative and the Department of Corrections and Rehabilitation,
Division of Juvenile Justice, or the Juvenile Parole Board, to review
the director's or the chairperson's decision.
(d) Persons permitted to carry firearms pursuant to this section,
either on or off duty, shall meet the training requirements of
Section 832 and shall qualify with the firearm at least quarterly. It
is the responsibility of the individual officer or designee to
maintain his or her eligibility to carry concealable firearms off
duty. Failure to maintain quarterly qualifications by an officer or
designee with any concealable firearms carried off duty shall
constitute good cause to suspend or revoke that person's right to
carry firearms off duty.
(e) The Department of Corrections and Rehabilitation shall allow
reasonable access to its ranges for officers and designees of either
department to qualify to carry concealable firearms off duty. The
time spent on the range for purposes of meeting the qualification
requirements shall be the person's own time during the person's
off-duty hours.
(f) The secretary shall promulgate regulations consistent with
this section.
(g) "High-risk transportation details" and "high-risk escape
details" as used in this section shall be determined by the
secretary, or his or her designee. The secretary, or his or her
designee, shall consider at least the following in determining
"high-risk transportation details" and "high-risk escape details":
protection of the public, protection of officers, flight risk, and
violence potential of the wards.
(h) "Transportation detail" as used in this section shall include
transportation of wards outside the facility, including, but not
limited to, court appearances, medical trips, and interfacility
transfers.
(i) This section is operative January 1, 2012.
SEC. 22. Section 1026 of the Penal Code is amended to read:
1026. (a) When a defendant pleads not guilty by reason of
insanity, and also joins with it another plea or pleas, the defendant
shall first be tried as if only such other plea or pleas had been
entered, and in that trial the defendant shall be conclusively
presumed to have been sane at the time the offense is alleged to have
been committed. If the jury shall find the defendant guilty, or if
the defendant pleads only not guilty by reason of insanity, then the
question whether the defendant was sane or insane at the time the
offense was committed shall be promptly tried, either before the same
jury or before a new jury in the discretion of the court. In that
trial, the jury shall return a verdict either that the defendant was
sane at the time the offense was committed or was insane at the time
the offense was committed. If the verdict or finding is that the
defendant was sane at the time the offense was committed, the court
shall sentence the defendant as provided by law. If the verdict or
finding be that the defendant was insane at the time the offense was
committed, the court, unless it shall appear to the court that the
sanity of the defendant has been recovered fully, shall direct that
the defendant be confined in a state hospital for the care and
treatment of the mentally disordered or any other appropriate public
or private treatment facility approved by the community program
director, or the court may order the defendant placed on outpatient
status pursuant to Title 15 (commencing with Section 1600) of Part 2.
(b) Prior to making the order directing that the defendant be
confined in a state hospital or other treatment facility or placed on
outpatient status, the court shall order the community program
director or a designee to evaluate the defendant and to submit to the
court within 15 judicial days of the order a written recommendation
as to whether the defendant should be placed on outpatient status or
confined in a state hospital or other treatment facility. No person
shall be admitted to a state hospital or other treatment facility or
placed on outpatient status under this section without having been
evaluated by the community program director or a designee. If,
however, it appears to the court that the sanity of the defendant has
been recovered fully, the defendant shall be remanded to the custody
of the sheriff until the issue of sanity shall have been finally
determined in the manner prescribed by law. A defendant committed to
a state hospital or other treatment facility or placed on outpatient
status pursuant to Title 15 (commencing with Section 1600) of Part 2
shall not be released from confinement, parole, or outpatient status
unless and until the court which committed the person shall, after
notice and hearing, find and determine that the person's sanity has
been restored. Nothing in this section shall prevent the transfer of
the patient from one state hospital to any other state hospital by
proper authority. Nothing in this section shall prevent the transfer
of the patient to a hospital in another state in the manner provided
in Section 4119 of the Welfare and Institutions Code.
(c) If the defendant is committed or transferred to a state
hospital pursuant to this section, the court may, upon receiving the
written recommendation of the medical director of the state hospital
and the community program director that the defendant be transferred
to a public or private treatment facility approved by the community
program director, order the defendant transferred to that facility.
If the defendant is committed or transferred to a public or private
treatment facility approved by the community program director, the
court may, upon receiving the written recommendation of the community
program director, order the defendant transferred to a state
hospital or to another public or private treatment facility approved
by the community program director. Where either the defendant or the
prosecuting attorney chooses to contest either kind of order of
transfer, a petition may be filed in the court requesting a hearing
which shall be held if the court determines that sufficient grounds
exist. At that hearing, the prosecuting attorney or the defendant may
present evidence bearing on the order of transfer. The court shall
use the same procedures and standards of proof as used in conducting
probation revocation hearings pursuant to Section 1203.2.
(d) Prior to making an order for transfer under this section, the
court shall notify the defendant, the attorney of record for the
defendant, the prosecuting attorney, and the community program
director or a designee.
(e) When the court, after considering the placement recommendation
of the community program director required in subdivision (b),
orders that the defendant be confined in a state hospital or other
public or private treatment facility, the court shall provide copies
of the following documents which shall be taken with the defendant to
the state hospital or other treatment facility where the defendant
is to be confined:
(1) The commitment order, including a specification of the
charges.
(2) A computation or statement setting forth the maximum term of
commitment in accordance with Section 1026.5.
(3) A computation or statement setting forth the amount of credit
for time served, if any, to be deducted from the maximum term of
commitment.
(4) State summary criminal history information.
(5) Any arrest reports prepared by the police department or other
law enforcement agency.
(6) Any court-ordered psychiatric examination or evaluation
reports.
(7) The community program director's placement recommendation
report.
(f) If the defendant is confined in a state hospital or other
treatment facility as an inpatient, the medical director of the
facility shall, at six-month intervals, submit a report in writing to
the court and the community program director of the county of
commitment, or a designee, setting forth the status and progress of
the defendant. The court shall transmit copies of these reports to
the prosecutor and defense counsel.
(g) When directing that the defendant be confined in a state
hospital pursuant to subdivision (a), the court shall select the
state hospital in accordance with the policies established by the
State Department of State Hospitals.
(h) For purposes of this section and Sections 1026.1 to 1026.6,
inclusive, "community program director" means the person, agency, or
entity designated by the State Department of State Hospitals pursuant
to Section 1605 of this code and Section 5709.8 of the Welfare and
Institutions Code.
SEC. 23. Section 1174.2 of the Penal Code is amended to read:
1174.2. (a) Notwithstanding any other law, the unencumbered
balance of Item 5240-311-751 of Section 2 of the Budget Act of 1990
shall revert to the unappropriated surplus of the 1990 Prison
Construction Fund. The sum of fifteen million dollars ($15,000,000)
is hereby appropriated to the Department of Corrections from the 1990
Prison Construction Fund for site acquisition, site studies,
environmental studies, master planning, architectural programming,
schematics, preliminary plans, working drawings, construction, and
long lead and equipment items for the purpose of constructing
facilities for pregnant and parenting women's alternative sentencing
programs. These funds shall not be expended for any operating costs,
including those costs reimbursed by the department pursuant to
subdivision (c) of Section 1174.3. Funds not expended pursuant to
this chapter shall be used for planning, construction, renovation, or
remodeling by, or under the supervision of, the Department of
Corrections and Rehabilitation, of community-based facilities for
programs designed to reduce drug use and recidivism, including, but
not limited to, restitution centers, facilities for the incarceration
and rehabilitation of drug offenders, multipurpose correctional
centers, and centers for intensive programs for parolees. These funds
shall not be expended until legislation authorizing the
establishment of these programs is enacted. If the Legislature finds
that the Department of Corrections and Rehabilitation has made a good
faith effort to site community-based facilities, but funds
designated for these community-based facilities are unexpended as of
January 1, 1998, the Legislature may appropriate these funds for
other Level I housing.
(b) The Department of Corrections and Rehabilitation shall
purchase, design, construct, and renovate facilities in counties or
multicounty areas with a population of more than 450,000 people
pursuant to this chapter. The department shall target for selection,
among other counties, Los Angeles County, San Diego County, and a bay
area, central valley, and an inland empire county as determined by
the Secretary of the Department of Corrections and Rehabilitation.
The department, in consultation with the State Department of Alcohol
and Drug Programs, shall design core alcohol and drug treatment
programs, with specific requirements and standards. Residential
facilities shall be licensed by the State Department of Alcohol and
Drug Programs in accordance with provisions of the Health and Safety
Code governing licensure of alcoholism or drug abuse recovery or
treatment facilities. Residential and nonresidential programs shall
be certified by the State Department of Alcohol and Drug Programs as
meeting its standards for perinatal services. Funds shall be awarded
to selected agency service providers based upon all of the following
criteria and procedures:
(1) A demonstrated ability to provide comprehensive services to
pregnant women or women with children who are substance abusers
consistent with this chapter. Criteria shall include, but not be
limited to, each of the following:
(A) The success records of the types of programs proposed based
upon standards for successful programs.
(B) Expertise and actual experience of persons who will be in
charge of the proposed program.
(C) Cost-effectiveness, including the costs per client served.
(D) A demonstrated ability to implement a program as expeditiously
as possible.
(E) An ability to accept referrals and participate in a process
with the probation department determining eligible candidates for the
program.
(F) A demonstrated ability to seek and obtain supplemental funding
as required in support of the overall administration of this
facility from any county, state, or federal source that may serve to
support this program, including the State Department of Alcohol and
Drug Programs, the California Emergency Management Agency, the State
Department of Social Services, the State Department of State
Hospitals, or any county public health department. In addition, the
agency shall also attempt to secure other available funding from all
county, state, or federal sources for program implementation.
(G) An ability to provide intensive supervision of the program
participants to ensure complete daily programming.
(2) Staff from the department shall be available to selected
agencies for consultation and technical services in preparation and
implementation of the selected proposals.
(3) The department shall consult with existing program operators
that are then currently delivering similar program services, the
State Department of Alcohol and Drug Programs, and others it may
identify in the development of the program.
(4) Funds shall be made available by the department to the
agencies selected to administer the operation of this program.
(5) Agencies shall demonstrate an ability to provide offenders a
continuing supportive network of outpatient drug treatment and other
services upon the women's completion of the program and reintegration
into the community.
(6) The department may propose any variation of types and sizes of
facilities to carry out the purposes of this chapter.
(7) The department shall secure all other available funding for
its eligible population from all county, state, or federal sources.
(8) Each program proposal shall include a plan for the required
12-month residential program, plus a 12-month outpatient transitional
services program to be completed by participating women and
children.
SEC. 24. Section 1203e of the Penal Code is amended to read:
1203e. (a) Commencing June 1, 2010, the probation department
shall compile a Facts of Offense Sheet for every person convicted of
an offense that requires him or her to register as a sex offender
pursuant to Section 290 who is referred to the department pursuant to
Section 1203. The Facts of Offense Sheet shall contain the following
information concerning the offender: name; CII number; criminal
history, including all arrests and convictions for any registerable
sex offenses or any violent offense; circumstances of the offense for
which registration is required, including, but not limited to,
weapons used and victim pattern; and results of the State-Authorized
Risk Assessment Tool for Sex Offenders (SARATSO), as set forth in
Section 290.04, if required. The Facts of Offense Sheet shall be
included in the probation officer's report.
(b) The defendant may move the court to correct the Facts of
Offense Sheet. Any corrections to that sheet shall be made consistent
with procedures set forth in Section 1204.
(c) The probation officer shall send a copy of the Facts of
Offense Sheet to the Department of Justice High Risk Sex Offender
Program within 30 days of the person's sex offense conviction, and it
shall be made part of the registered sex offender's file maintained
by the Sex Offender Tracking Program. The Facts of Offense Sheet
shall thereafter be made available to law enforcement by the
Department of Justice, which shall post it with the offender's record
on the Department of Justice Internet Web site maintained pursuant
to Section 290.46, and shall be accessible only to law enforcement.
(d) If the registered sex offender is sentenced to a period of
incarceration, at either the state prison or a county jail, the Facts
of Offense Sheet shall be sent by the Department of Corrections and
Rehabilitation or the county sheriff to the registering law
enforcement agency in the jurisdiction where the registered sex
offender will be paroled or will live on release, within three days
of the person's release. If the registered sex offender is committed
to the State Department of State Hospitals, the Facts of Offense
Sheet shall be sent by the State Department of State Hospitals to the
registering law enforcement agency in the jurisdiction where the
person will live on release, within three days of release.
SEC. 25. Section 1369.1 of the Penal Code is amended to read:
1369.1. (a) As used in this chapter, "treatment facility"
includes a county jail. Upon the concurrence of the county board of
supervisors, the county mental health director, and the county
sheriff, the jail may be designated to provide medically approved
medication to defendants found to be mentally incompetent and unable
to provide informed consent due to a mental disorder, pursuant to
this chapter. In the case of Madera, Napa, and Santa Clara Counties,
the concurrence shall be with the board of supervisors, the county
mental health director, and the county sheriff or the chief of
corrections. The provisions of Sections 1370 and 1370.01 shall apply
to antipsychotic medications provided in a county jail, provided,
however, that the maximum period of time a defendant may be treated
in a treatment facility pursuant to this section shall not exceed six
months.
(b) This section does not abrogate or limit any provision of law
enacted to ensure the due process rights set forth in Sell v. United
States (2003) 539 U.S. 166.
(c) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 26. Section 1370 of the Penal Code, as amended by Section 1
of Chapter 654 of the Statutes of 2011, is amended to read:
1370. (a) (1) (A) If the defendant is found mentally competent,
the criminal process shall resume, the trial on the offense charged
shall proceed, and judgment may be pronounced.
(B) If the defendant is found mentally incompetent, the trial or
judgment shall be suspended until the person becomes mentally
competent.
(i) In the meantime, the court shall order that the mentally
incompetent defendant be delivered by the sheriff to a state hospital
for the care and treatment of the mentally disordered, or to any
other available public or private treatment facility, including a
local county jail treatment facility, approved by the community
program director that will promote the defendant's speedy restoration
to mental competence, or placed on outpatient status as specified in
Section 1600.
(ii) However, if the action against the defendant who has been
found mentally incompetent is on a complaint charging a felony
offense specified in Section 290, the prosecutor shall determine
whether the defendant previously has been found mentally incompetent
to stand trial pursuant to this chapter on a charge of a Section 290
offense, or whether the defendant is currently the subject of a
pending Section 1368 proceeding arising out of a charge of a Section
290 offense. If either determination is made, the prosecutor shall so
notify the court and defendant in writing. After this notification,
and opportunity for hearing, the court shall order that the defendant
be delivered by the sheriff to a state hospital or other secure
treatment facility for the care and treatment of the mentally
disordered unless the court makes specific findings on the record
that an alternative placement would provide more appropriate
treatment for the defendant and would not pose a danger to the health
and safety of others.
(iii) If the action against the defendant who has been found
mentally incompetent is on a complaint charging a felony offense
specified in Section 290 and the defendant has been denied bail
pursuant to subdivision (b) of Section 12 of Article I of the
California Constitution because the court has found, based upon clear
and convincing evidence, a substantial likelihood that the person's
release would result in great bodily harm to others, the court shall
order that the defendant be delivered by the sheriff to a state
hospital for the care and treatment of the mentally disordered unless
the court makes specific findings on the record that an alternative
placement would provide more appropriate treatment for the defendant
and would not pose a danger to the health and safety of others.
(iv) The clerk of the court shall notify the Department of Justice
in writing of any finding of mental incompetence with respect to a
defendant who is subject to clause (ii) or (iii) for inclusion in his
or her state summary criminal history information.
(C) Upon the filing of a certificate of restoration to competence,
the court shall order that the defendant be returned to court in
accordance with Section 1372. The court shall transmit a copy of its
order to the community program director or a designee.
(D) A defendant charged with a violent felony may not be delivered
to a state hospital or treatment facility pursuant to this
subdivision unless the state hospital or treatment facility has a
secured perimeter or a locked and controlled treatment facility, and
the judge determines that the public safety will be protected.
(E) For purposes of this paragraph, "violent felony" means an
offense specified in subdivision (c) of Section 667.5.
(F) A defendant charged with a violent felony may be placed on
outpatient status, as specified in Section 1600, only if the court
finds that the placement will not pose a danger to the health or
safety of others. If the court places a defendant charged with a
violent felony on outpatient status, as specified in Section 1600,
the court must serve copies of the placement order on defense
counsel, the sheriff in the county where the defendant will be placed
and the district attorney for the county in which the violent felony
charges are pending against the defendant.
(2) Prior to making the order directing that the defendant be
confined in a state hospital or other treatment facility or placed on
outpatient status, the court shall proceed as follows:
(A) The court shall order the community program director or a
designee to evaluate the defendant and to submit to the court within
15 judicial days of the order a written recommendation as to whether
the defendant should be required to undergo outpatient treatment, or
committed to a state hospital or to any other treatment facility. No
person shall be admitted to a state hospital or other treatment
facility or placed on outpatient status under this section without
having been evaluated by the community program director or a
designee. The community program director or designee shall evaluate
the appropriate placement for the defendant between a state hospital
or a local county jail treatment facility based upon guidelines
provided by the State Department of State Hospitals. If a local
county jail treatment facility
is selected, the State Department of State Hospitals shall
provide treatment at the county jail treatment facility and reimburse
the county jail treatment facility for the reasonable costs of the
bed during the treatment. The six-month limitation in Section 1369.1
shall not apply to individuals deemed incompetent to stand trial who
are being treated to restore competency within a county jail
treatment facility pursuant to this section.
(B) The court shall hear and determine whether the defendant, with
advice of his or her counsel, consents to the administration of
antipsychotic medication, and shall proceed as follows:
(i) If the defendant, with advice of his or her counsel, consents,
the court order of commitment shall include confirmation that
antipsychotic medication may be given to the defendant as prescribed
by a treating psychiatrist pursuant to the defendant's consent. The
commitment order shall also indicate that, if the defendant withdraws
consent for antipsychotic medication, after the treating
psychiatrist complies with the provisions of subparagraph (C), the
defendant shall be returned to court for a hearing in accordance with
this subdivision regarding whether antipsychotic medication shall be
administered involuntarily.
(ii) If the defendant does not consent to the administration of
medication, the court shall hear and determine whether any of the
following is true:
(I) The defendant lacks capacity to make decisions regarding
antipsychotic medication, the defendant's mental disorder requires
medical treatment with antipsychotic medication, and, if the
defendant's mental disorder is not treated with antipsychotic
medication, it is probable that serious harm to the physical or
mental health of the patient will result. Probability of serious harm
to the physical or mental health of the defendant requires evidence
that the defendant is presently suffering adverse effects to his or
her physical or mental health, or the defendant has previously
suffered these effects as a result of a mental disorder and his or
her condition is substantially deteriorating. The fact that a
defendant has a diagnosis of a mental disorder does not alone
establish probability of serious harm to the physical or mental
health of the defendant.
(II) The defendant is a danger to others, in that the defendant
has inflicted, attempted to inflict, or made a serious threat of
inflicting substantial physical harm on another while in custody, or
the defendant had inflicted, attempted to inflict, or made a serious
threat of inflicting substantial physical harm on another that
resulted in his or her being taken into custody, and the defendant
presents, as a result of mental disorder or mental defect, a
demonstrated danger of inflicting substantial physical harm on
others. Demonstrated danger may be based on an assessment of the
defendant's present mental condition, including a consideration of
past behavior of the defendant within six years prior to the time the
defendant last attempted to inflict, inflicted, or threatened to
inflict substantial physical harm on another, and other relevant
evidence.
(III) The people have charged the defendant with a serious crime
against the person or property, involuntary administration of
antipsychotic medication is substantially likely to render the
defendant competent to stand trial, the medication is unlikely to
have side effects that interfere with the defendant's ability to
understand the nature of the criminal proceedings or to assist
counsel in the conduct of a defense in a reasonable manner, less
intrusive treatments are unlikely to have substantially the same
results, and antipsychotic medication is in the patient's best
medical interest in light of his or her medical condition.
(iii) If the court finds any of the conditions described in clause
(ii) to be true, the court shall issue an order authorizing the
treatment facility to involuntarily administer antipsychotic
medication to the defendant when and as prescribed by the defendant's
treating psychiatrist. The court shall not order involuntary
administration of psychotropic medication under subclause (III) of
clause (ii) unless the court has first found that the defendant does
not meet the criteria for involuntary administration of psychotropic
medication under subclause (I) of clause (ii) and does not meet the
criteria under subclause (II) of clause (ii).
(iv) In all cases, the treating hospital, facility, or program may
administer medically appropriate antipsychotic medication prescribed
by a psychiatrist in an emergency as described in subdivision (m) of
Section 5008 of the Welfare and Institutions Code.
(v) Any report made pursuant to paragraph (1) of subdivision (b)
shall include a description of any antipsychotic medication
administered to the defendant and its effects and side effects,
including effects on the defendant's appearance or behavior that
would affect the defendant's ability to understand the nature of the
criminal proceedings or to assist counsel in the conduct of a defense
in a reasonable manner. During the time the defendant is confined in
a state hospital or other treatment facility or placed on outpatient
status, either the defendant or the people may request that the
court review any order made pursuant to this subdivision. The
defendant, to the same extent enjoyed by other patients in the state
hospital or other treatment facility, shall have the right to contact
the patients' rights advocate regarding his or her rights under this
section.
(C) If the defendant consented to antipsychotic medication as
described in clause (i) of subparagraph (B), but subsequently
withdraws his or her consent, or, if involuntary antipsychotic
medication was not ordered pursuant to clause (ii) of subparagraph
(B), and the treating psychiatrist determines that antipsychotic
medication has become medically necessary and appropriate, the
treating psychiatrist shall make efforts to obtain informed consent
from the defendant for antipsychotic medication. If informed consent
is not obtained from the defendant, and the treating psychiatrist is
of the opinion that the defendant lacks capacity to make decisions
regarding antipsychotic medication as specified in subclause (I) of
clause (ii) of subparagraph (B), or that the defendant is a danger to
others as specified in subclause (II) of clause (ii) of subparagraph
(B), the committing court shall be notified of this, including an
assessment of the current mental status of the defendant and the
opinion of the treating psychiatrist that involuntary antipsychotic
medication has become medically necessary and appropriate. The court
shall provide notice to the prosecuting attorney and to the attorney
representing the defendant and shall set a hearing to determine
whether involuntary antipsychotic medication should be ordered in the
manner described in subparagraph (B).
(3) When the court orders that the defendant be confined in a
state hospital or other public or private treatment facility, the
court shall provide copies of the following documents which shall be
taken with the defendant to the state hospital or other treatment
facility where the defendant is to be confined:
(A) The commitment order, including a specification of the
charges.
(B) A computation or statement setting forth the maximum term of
commitment in accordance with subdivision (c).
(C) A computation or statement setting forth the amount of credit
for time served, if any, to be deducted from the maximum term of
commitment.
(D) State summary criminal history information.
(E) Any arrest reports prepared by the police department or other
law enforcement agency.
(F) Any court-ordered psychiatric examination or evaluation
reports.
(G) The community program director's placement recommendation
report.
(H) Records of any finding of mental incompetence pursuant to this
chapter arising out of a complaint charging a felony offense
specified in Section 290 or any pending Section 1368 proceeding
arising out of a charge of a Section 290 offense.
(4) When the defendant is committed to a treatment facility
pursuant to clause (i) of subparagraph (B) of paragraph (1) or the
court makes the findings specified in clause (ii) or (iii) of
subparagraph (B) of paragraph (1) to assign the defendant to a
treatment facility other than a state hospital or other secure
treatment facility, the court shall order that notice be given to the
appropriate law enforcement agency or agencies having local
jurisdiction at the site of the placement facility of any finding of
mental incompetence pursuant to this chapter arising out of a charge
of a Section 290 offense.
(5) When directing that the defendant be confined in a state
hospital pursuant to this subdivision, the court shall select the
hospital in accordance with the policies established by the State
Department of State Hospitals.
(6) (A) If the defendant is committed or transferred to a state
hospital pursuant to this section, the court may, upon receiving the
written recommendation of the medical director of the state hospital
and the community program director that the defendant be transferred
to a public or private treatment facility approved by the community
program director, order the defendant transferred to that facility.
If the defendant is committed or transferred to a public or private
treatment facility approved by the community program director, the
court may, upon receiving the written recommendation of the community
program director, transfer the defendant to a state hospital or to
another public or private treatment facility approved by the
community program director. In the event of dismissal of the criminal
charges before the defendant recovers competence, the person shall
be subject to the applicable provisions of the Lanterman-Petris-Short
Act (Part 1 (commencing with Section 5000) of Division 5 of the
Welfare and Institutions Code). Where either the defendant or the
prosecutor chooses to contest either kind of order of transfer, a
petition may be filed in the court for a hearing, which shall be held
if the court determines that sufficient grounds exist. At the
hearing, the prosecuting attorney or the defendant may present
evidence bearing on the order of transfer. The court shall use the
same standards as are used in conducting probation revocation
hearings pursuant to Section 1203.2.
Prior to making an order for transfer under this section, the
court shall notify the defendant, the attorney of record for the
defendant, the prosecuting attorney, and the community program
director or a designee.
(B) If the defendant is initially committed to a state hospital or
secure treatment facility pursuant to clause (ii) or (iii) of
subparagraph (B) of paragraph (1) and is subsequently transferred to
any other facility, copies of the documents specified in paragraph
(3) shall be taken with the defendant to each subsequent facility to
which the defendant is transferred. The transferring facility shall
also notify the appropriate law enforcement agency or agencies having
local jurisdiction at the site of the new facility that the
defendant is a person subject to clause (ii) or (iii) of subparagraph
(B) of paragraph (1).
(b) (1) Within 90 days of a commitment made pursuant to
subdivision (a), the medical director of the state hospital or other
treatment facility to which the defendant is confined shall make a
written report to the court and the community program director for
the county or region of commitment, or a designee, concerning the
defendant's progress toward recovery of mental competence. Where the
defendant is on outpatient status, the outpatient treatment staff
shall make a written report to the community program director
concerning the defendant's progress toward recovery of mental
competence. Within 90 days of placement on outpatient status, the
community program director shall report to the court on this matter.
If the defendant has not recovered mental competence, but the report
discloses a substantial likelihood that the defendant will regain
mental competence in the foreseeable future, the defendant shall
remain in the state hospital or other treatment facility or on
outpatient status. Thereafter, at six-month intervals or until the
defendant becomes mentally competent, where the defendant is confined
in a treatment facility, the medical director of the hospital or
person in charge of the facility shall report in writing to the court
and the community program director or a designee regarding the
defendant's progress toward recovery of mental competence. Where the
defendant is on outpatient status, after the initial 90-day report,
the outpatient treatment staff shall report to the community program
director on the defendant's progress toward recovery, and the
community program director shall report to the court on this matter
at six-month intervals. A copy of these reports shall be provided to
the prosecutor and defense counsel by the court. If the report
indicates that there is no substantial likelihood that the defendant
will regain mental competence in the foreseeable future, the
committing court shall order the defendant to be returned to the
court for proceedings pursuant to paragraph (2) of subdivision (c).
The court shall transmit a copy of its order to the community program
director or a designee.
(2) Any defendant who has been committed or has been on outpatient
status for 18 months and is still hospitalized or on outpatient
status shall be returned to the committing court where a hearing
shall be held pursuant to the procedures set forth in Section 1369.
The court shall transmit a copy of its order to the community program
director or a designee.
(3) If it is determined by the court that no treatment for the
defendant's mental impairment is being conducted, the defendant shall
be returned to the committing court. The court shall transmit a copy
of its order to the community program director or a designee.
(4) At each review by the court specified in this subdivision, the
court shall determine if the security level of housing and treatment
is appropriate and may make an order in accordance with its
determination.
(c) (1) At the end of three years from the date of commitment or a
period of commitment equal to the maximum term of imprisonment
provided by law for the most serious offense charged in the
information, indictment, or misdemeanor complaint, whichever is
shorter, a defendant who has not recovered mental competence shall be
returned to the committing court. The court shall notify the
community program director or a designee of the return and of any
resulting court orders.
(2) Whenever any defendant is returned to the court pursuant to
paragraph (1) or (2) of subdivision (b) or paragraph (1) of this
subdivision and it appears to the court that the defendant is gravely
disabled, as defined in subparagraph (B) of paragraph (1) of
subdivision (h) of Section 5008 of the Welfare and Institutions Code,
the court shall order the conservatorship investigator of the county
of commitment of the defendant to initiate conservatorship
proceedings for the defendant pursuant to Chapter 3 (commencing with
Section 5350) of Part 1 of Division 5 of the Welfare and Institutions
Code. Any hearings required in the conservatorship proceedings shall
be held in the superior court in the county that ordered the
commitment. The court shall transmit a copy of the order directing
initiation of conservatorship proceedings to the community program
director or a designee, the sheriff and the district attorney of the
county in which criminal charges are pending, and the defendant's
counsel of record. The court shall notify the community program
director or a designee, the sheriff and district attorney of the
county in which criminal charges are pending, and the defendant's
counsel of record of the outcome of the conservatorship proceedings.
(3) If a change in placement is proposed for a defendant who is
committed pursuant to subparagraph (B) of paragraph (1) of
subdivision (h) of Section 5008 of the Welfare and Institutions Code,
the court shall provide notice and an opportunity to be heard with
respect to the proposed placement of the defendant to the sheriff and
the district attorney of the county in which criminal charges are
pending.
(4) Where the defendant is confined in a treatment facility, a
copy of any report to the committing court regarding the defendant's
progress toward recovery of mental competence shall be provided by
the committing court to the prosecutor and to the defense counsel.
(d) The criminal action remains subject to dismissal pursuant to
Section 1385. If the criminal action is dismissed, the court shall
transmit a copy of the order of dismissal to the community program
director or a designee.
(e) If the criminal charge against the defendant is dismissed, the
defendant shall be released from any commitment ordered under this
section, but without prejudice to the initiation of any proceedings
that may be appropriate under the Lanterman-Petris-Short Act, Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code.
(f) As used in this chapter, "community program director" means
the person, agency, or entity designated by the State Department of
State Hospitals pursuant to Section 1605 of this code and Section
4360 of the Welfare and Institutions Code.
(g) For the purpose of this section, "secure treatment facility"
shall not include, except for state mental hospitals, state
developmental centers, and correctional treatment facilities, any
facility licensed pursuant to Chapter 2 (commencing with Section
1250) of, Chapter 3 (commencing with Section 1500) of, or Chapter 3.2
(commencing with Section 1569) of, Division 2 of the Health and
Safety Code, or any community board and care facility.
(h) This section shall remain in effect only until July 1, 2012,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2012, deletes or extends that date.
SEC. 27. Section 1370 of the Penal Code, as added by Section 2 of
Chapter 654 of the Statutes of 2011, is amended to read:
1370. (a) (1) (A) If the defendant is found mentally competent,
the criminal process shall resume, the trial on the offense charged
shall proceed, and judgment may be pronounced.
(B) If the defendant is found mentally incompetent, the trial or
judgment shall be suspended until the person becomes mentally
competent.
(i) In the meantime, the court shall order that the mentally
incompetent defendant be delivered by the sheriff to a state hospital
for the care and treatment of the mentally disordered, or to any
other available public or private treatment facility, including a
local county jail treatment facility, approved by the community
program director that will promote the defendant's speedy restoration
to mental competence, or placed on outpatient status as specified in
Section 1600.
(ii) However, if the action against the defendant who has been
found mentally incompetent is on a complaint charging a felony
offense specified in Section 290, the prosecutor shall determine
whether the defendant previously has been found mentally incompetent
to stand trial pursuant to this chapter on a charge of a Section 290
offense, or whether the defendant is currently the subject of a
pending Section 1368 proceeding arising out of a charge of a Section
290 offense. If either determination is made, the prosecutor shall so
notify the court and defendant in writing. After this notification,
and opportunity for hearing, the court shall order that the defendant
be delivered by the sheriff to a state hospital or other secure
treatment facility for the care and treatment of the mentally
disordered unless the court makes specific findings on the record
that an alternative placement would provide more appropriate
treatment for the defendant and would not pose a danger to the health
and safety of others.
(iii) If the action against the defendant who has been found
mentally incompetent is on a complaint charging a felony offense
specified in Section 290 and the defendant has been denied bail
pursuant to subdivision (b) of Section 12 of Article I of the
California Constitution because the court has found, based upon clear
and convincing evidence, a substantial likelihood that the person's
release would result in great bodily harm to others, the court shall
order that the defendant be delivered by the sheriff to a state
hospital for the care and treatment of the mentally disordered unless
the court makes specific findings on the record that an alternative
placement would provide more appropriate treatment for the defendant
and would not pose a danger to the health and safety of others.
(iv) The clerk of the court shall notify the Department of Justice
in writing of any finding of mental incompetence with respect to a
defendant who is subject to clause (ii) or (iii) for inclusion in his
or her state summary criminal history information.
(C) Upon the filing of a certificate of restoration to competence,
the court shall order that the defendant be returned to court in
accordance with Section 1372. The court shall transmit a copy of its
order to the community program director or a designee.
(D) A defendant charged with a violent felony may not be delivered
to a state hospital or treatment facility pursuant to this
subdivision unless the state hospital or treatment facility has a
secured perimeter or a locked and controlled treatment facility, and
the judge determines that the public safety will be protected.
(E) For purposes of this paragraph, "violent felony" means an
offense specified in subdivision (c) of Section 667.5.
(F) A defendant charged with a violent felony may be placed on
outpatient status, as specified in Section 1600, only if the court
finds that the placement will not pose a danger to the health or
safety of others. If the court places a defendant charged with a
violent felony on outpatient status, as specified in Section 1600,
the court must serve copies of the placement order on defense
counsel, the sheriff in the county where the defendant will be placed
and the district attorney for the county in which the violent felony
charges are pending against the defendant.
(2) Prior to making the order directing that the defendant be
confined in a state hospital or other treatment facility or placed on
outpatient status, the court shall proceed as follows:
(A) The court shall order the community program director or a
designee to evaluate the defendant and to submit to the court within
15 judicial days of the order a written recommendation as to whether
the defendant should be required to undergo outpatient treatment, or
committed to a state hospital or to any other treatment facility. No
person shall be admitted to a state hospital or other treatment
facility or placed on outpatient status under this section without
having been evaluated by the community program director or a
designee. The community program director or designee shall evaluate
the appropriate placement for the defendant between a state hospital
or a local county jail treatment facility based upon guidelines
provided by the State Department of State Hospitals. If a local
county jail treatment facility is selected, the State Department of
State Hospitals shall provide treatment at the county jail treatment
facility and reimburse the county jail treatment facility for the
reasonable costs of the bed during the treatment. The six-month
limitation in Section 1369.1 shall not apply to individuals deemed
incompetent to stand trial who are being treated to restore
competency within a county jail treatment facility pursuant to this
section.
(B) The court shall hear and determine whether the defendant lacks
capacity to make decisions regarding the administration of
antipsychotic medication, and shall proceed as follows:
(i) The court shall hear and determine whether any of the
following is true:
(I) The defendant lacks capacity to make decisions regarding
antipsychotic medication, the defendant's mental disorder requires
medical treatment with antipsychotic medication, and, if the
defendant's mental disorder is not treated with antipsychotic
medication, it is probable that serious harm to the physical or
mental health of the patient will result. Probability of serious harm
to the physical or mental health of the defendant requires evidence
that the defendant is presently suffering adverse effects to his or
her physical or mental health, or the defendant has previously
suffered these effects as a result of a mental disorder and his or
her condition is substantially deteriorating. The fact that a
defendant has a diagnosis of a mental disorder does not alone
establish probability of serious harm to the physical or mental
health of the defendant.
(II) The defendant is a danger to others, in that the defendant
has inflicted, attempted to inflict, or made a serious threat of
inflicting substantial physical harm on another while in custody, or
the defendant had inflicted, attempted to inflict, or made a serious
threat of inflicting substantial physical harm on another that
resulted in his or her being taken into custody, and the defendant
presents, as a result of mental disorder or mental defect, a
demonstrated danger of inflicting substantial physical harm on
others. Demonstrated danger may be based on an assessment of the
defendant's present mental condition, including a consideration of
past behavior of the defendant within six years prior to the time the
defendant last attempted to inflict, inflicted, or threatened to
inflict substantial physical harm on another, and other relevant
evidence.
(III) The people have charged the defendant with a serious crime
against the person or property, involuntary administration of
antipsychotic medication is substantially likely to render the
defendant competent to stand trial, the medication is unlikely to
have side effects that interfere with the defendant's ability to
understand the nature of the criminal proceedings or to assist
counsel in the conduct of a defense in a reasonable manner, less
intrusive treatments are unlikely to have substantially the same
results, and antipsychotic medication is in the patient's best
medical interest in light of his or her medical condition.
(ii) If the court finds any of the conditions described in clause
(i) to be true, the court shall issue an order authorizing the
treatment facility to involuntarily administer antipsychotic
medication to the defendant when and as prescribed by the defendant's
treating psychiatrist. The court shall not order involuntary
administration of psychotropic medication under
subclause (III) of clause (i) unless the court
has first found that the defendant does not meet the criteria for
involuntary administration of psychotropic medication under subclause
(I) of clause (i) and does not meet the criteria under subclause
(II) of clause (i).
(iii) In all cases, the treating hospital, facility, or program
may administer medically appropriate antipsychotic medication
prescribed by a psychiatrist in an emergency as described in
subdivision (m) of Section 5008 of the Welfare and Institutions Code.
(iv) If the court has determined that the defendant has the
capacity to make decisions regarding antipsychotic medication, and if
the defendant, with advice of his or her counsel, consents, the
court order of commitment shall include confirmation that
antipsychotic medication may be given to the defendant as prescribed
by a treating psychiatrist pursuant to the defendant's consent. The
commitment order shall also indicate that, if the defendant withdraws
consent for antipsychotic medication, after the treating
psychiatrist complies with the provisions of subparagraph (C), the
defendant shall be returned to court for a hearing in accordance with
subparagraphs (C) and (D) regarding whether antipsychotic medication
shall be administered involuntarily.
(v) If the court has determined that the defendant has the
capacity to make decisions regarding antipsychotic medication and if
the defendant, with advice from his or her counsel, does not consent,
the court order for commitment shall indicate that, after the
treating psychiatrist complies with the provisions of subparagraph
(C), the defendant shall be returned to court for a hearing in
accordance with subparagraphs (C) and (D) regarding whether
antipsychotic medication shall be administered involuntarily.
(vi) Any report made pursuant to paragraph (1) of subdivision (b)
shall include a description of any antipsychotic medication
administered to the defendant and its effects and side effects,
including effects on the defendant's appearance or behavior that
would affect the defendant's ability to understand the nature of the
criminal proceedings or to assist counsel in the conduct of a defense
in a reasonable manner. During the time the defendant is confined in
a state hospital or other treatment facility or placed on outpatient
status, either the defendant or the people may request that the
court review any order made pursuant to this subdivision. The
defendant, to the same extent enjoyed by other patients in the state
hospital or other treatment facility, shall have the right to contact
the patients' rights advocate regarding his or her rights under this
section.
(C) If the defendant consented to antipsychotic medication as
described in clause (iv) of subparagraph (B), but subsequently
withdraws his or her consent, or, if involuntary antipsychotic
medication was not ordered pursuant to clause (v) of subparagraph
(B), and the treating psychiatrist determines that antipsychotic
medication has become medically necessary and appropriate, the
treating psychiatrist shall make efforts to obtain informed consent
from the defendant for antipsychotic medication. If informed consent
is not obtained from the defendant, and the treating psychiatrist is
of the opinion that the defendant lacks capacity to make decisions
regarding antipsychotic medication based on the conditions described
in subclause (I) or (II) of clause (i) of subparagraph (B), the
treating psychiatrist shall certify whether the lack of capacity and
any applicable conditions described above exist. That certification
shall contain an assessment of the current mental status of the
defendant and the opinion of the treating psychiatrist that
involuntary antipsychotic medication has become medically necessary
and appropriate.
(D) (i) If the treating psychiatrist certifies that antipsychotic
medication has become medically necessary and appropriate pursuant to
subparagraph (C), antipsychotic medication may be administered to
the defendant for not more than 21 days, provided, however, that,
within 72 hours of the certification, the defendant is provided a
medication review hearing before an administrative law judge to be
conducted at the facility where the defendant is receiving treatment.
The treating psychiatrist shall present the case for the
certification for involuntary treatment and the defendant shall be
represented by an attorney or a patients' rights advocate. The
attorney or patients' rights advocate shall be appointed to meet with
the defendant no later than one day prior to the medication review
hearing to review the defendant's rights at the medication review
hearing, discuss the process, answer questions or concerns regarding
involuntary medication or the hearing, assist the defendant in
preparing for the hearing and advocating for his or her interests at
the hearing, review the panel's final determination following the
hearing, advise the defendant of his or her right to judicial review
of the panel's decision, and provide the defendant with referral
information for legal advice on the subject. The defendant shall also
have the following rights with respect to the medication review
hearing:
(I) To being given timely access to the defendant's records.
(II) To be present at the hearing, unless the defendant waives
that right.
(III) To present evidence at the hearing.
(IV) To question persons presenting evidence supporting
involuntary medication.
(V) To make reasonable requests for attendance of witnesses on the
defendant's behalf.
(VI) To a hearing conducted in an impartial and informal manner.
(ii) If the administrative law judge determines that the defendant
either meets the criteria specified in subclause (I) of clause (i)
of subparagraph (B), or meets the criteria specified in subclause
(II) of clause (i) of subparagraph (B), then antipsychotic medication
may continue to be administered to the defendant for the 21-day
certification period. Concurrently with the treating psychiatrist's
certification, the treating psychiatrist shall file a copy of the
certification and a petition with the court for issuance of an order
to administer antipsychotic medication beyond the 21-day
certification period. For purposes of this subparagraph, the treating
psychiatrist shall not be required to pay or deposit any fee for the
filing of the petition or other document or paper related to the
petition.
(iii) If the administrative law judge disagrees with the
certification, medication may not be administered involuntarily until
the court determines that antipsychotic medication should be
administered pursuant to this section.
(iv) The court shall provide notice to the prosecuting attorney
and to the attorney representing the defendant, and shall hold a
hearing, no later than 18 days from the date of the certification, to
determine whether antipsychotic medication should be ordered beyond
the certification period.
(v) If, as a result of the hearing, the court determines that
antipsychotic medication should be administered beyond the
certification period, the court shall issue an order authorizing the
administration of that medication.
(vi) The court shall render its decision on the petition and issue
its order no later than three calendar days after the hearing and,
in any event, no later than the expiration of the 21-day
certification period.
(3) When the court orders that the defendant be confined in a
state hospital or other public or private treatment facility, the
court shall provide copies of the following documents which shall be
taken with the defendant to the state hospital or other treatment
facility where the defendant is to be confined:
(A) The commitment order, including a specification of the
charges.
(B) A computation or statement setting forth the maximum term of
commitment in accordance with subdivision (c).
(C) A computation or statement setting forth the amount of credit
for time served, if any, to be deducted from the maximum term of
commitment.
(D) State summary criminal history information.
(E) Any arrest reports prepared by the police department or other
law enforcement agency.
(F) Any court-ordered psychiatric examination or evaluation
reports.
(G) The community program director's placement recommendation
report.
(H) Records of any finding of mental incompetence pursuant to this
chapter arising out of a complaint charging a felony offense
specified in Section 290 or any pending Section 1368 proceeding
arising out of a charge of a Section 290 offense.
(4) When the defendant is committed to a treatment facility
pursuant to clause (i) of subparagraph (B) of paragraph (1) or the
court makes the findings specified in clause (ii) or (iii) of
subparagraph (B) of paragraph (1) to assign the defendant to a
treatment facility other than a state hospital or other secure
treatment facility, the court shall order that notice be given to the
appropriate law enforcement agency or agencies having local
jurisdiction at the site of the placement facility of any finding of
mental incompetence pursuant to this chapter arising out of a charge
of a Section 290 offense.
(5) When directing that the defendant be confined in a state
hospital pursuant to this subdivision, the court shall select the
hospital in accordance with the policies established by the State
Department of State Hospitals.
(6) (A) If the defendant is committed or transferred to a state
hospital pursuant to this section, the court may, upon receiving the
written recommendation of the medical director of the state hospital
and the community program director that the defendant be transferred
to a public or private treatment facility approved by the community
program director, order the defendant transferred to that facility.
If the defendant is committed or transferred to a public or private
treatment facility approved by the community program director, the
court may, upon receiving the written recommendation of the community
program director, transfer the defendant to a state hospital or to
another public or private treatment facility approved by the
community program director. In the event of dismissal of the criminal
charges before the defendant recovers competence, the person shall
be subject to the applicable provisions of the Lanterman-Petris-Short
Act (Part 1 (commencing with Section 5000) of Division 5 of the
Welfare and Institutions Code). Where either the defendant or the
prosecutor chooses to contest either kind of order of transfer, a
petition may be filed in the court for a hearing, which shall be held
if the court determines that sufficient grounds exist. At the
hearing, the prosecuting attorney or the defendant may present
evidence bearing on the order of transfer. The court shall use the
same standards as are used in conducting probation revocation
hearings pursuant to Section 1203.2.
Prior to making an order for transfer under this section, the
court shall notify the defendant, the attorney of record for the
defendant, the prosecuting attorney, and the community program
director or a designee.
(B) If the defendant is initially committed to a state hospital or
secure treatment facility pursuant to clause (ii) or (iii) of
subparagraph (B) of paragraph (1) and is subsequently transferred to
any other facility, copies of the documents specified in paragraph
(3) shall be taken with the defendant to each subsequent facility to
which the defendant is transferred. The transferring facility shall
also notify the appropriate law enforcement agency or agencies having
local jurisdiction at the site of the new facility that the
defendant is a person subject to clause (ii) or (iii) of subparagraph
(B) of paragraph (1).
(7) An order by the court authorizing involuntary medication of
the defendant shall be valid for no more than one year. The court
shall review the order six months after the order was made to
determine if the grounds for the authorization remain. In the review,
the court shall consider the reports of the treating psychiatrist or
psychiatrists and the defendant's patients' rights advocate or
attorney. The court may require testimony from the treating
psychiatrist or psychiatrists and the patients' rights advocate or
attorney, if necessary. The court may continue the order authorizing
involuntary medication for up to another six months, or vacate the
order, or make any other appropriate order.
(b) (1) Within 90 days of a commitment made pursuant to
subdivision (a), the medical director of the state hospital or other
treatment facility to which the defendant is confined shall make a
written report to the court and the community program director for
the county or region of commitment, or a designee, concerning the
defendant's progress toward recovery of mental competence. Where the
defendant is on outpatient status, the outpatient treatment staff
shall make a written report to the community program director
concerning the defendant's progress toward recovery of mental
competence. Within 90 days of placement on outpatient status, the
community program director shall report to the court on this matter.
If the defendant has not recovered mental competence, but the report
discloses a substantial likelihood that the defendant will regain
mental competence in the foreseeable future, the defendant shall
remain in the state hospital or other treatment facility or on
outpatient status. Thereafter, at six-month intervals or until the
defendant becomes mentally competent, where the defendant is confined
in a treatment facility, the medical director of the hospital or
person in charge of the facility shall report in writing to the court
and the community program director or a designee regarding the
defendant's progress toward recovery of mental competence. Where the
defendant is on outpatient status, after the initial 90-day report,
the outpatient treatment staff shall report to the community program
director on the defendant's progress toward recovery, and the
community program director shall report to the court on this matter
at six-month intervals. A copy of these reports shall be provided to
the prosecutor and defense counsel by the court. If the report
indicates that there is no substantial likelihood that the defendant
will regain mental competence in the foreseeable future, the
committing court shall order the defendant to be returned to the
court for proceedings pursuant to paragraph (2) of subdivision (c).
The court shall transmit a copy of its order to the community program
director or a designee.
(2) Where the court has issued an order authorizing the treating
facility to involuntarily administer antipsychotic medication to the
defendant, the reports made at six-month intervals concerning the
defendant's progress toward regaining competency shall also consider
the issue of involuntary medication. Each report shall include, but
is not limited to, all the following:
(A) Whether or not the defendant has the capacity to make
decisions concerning antipsychotic medication.
(B) If the defendant lacks capacity to make decisions concerning
antipsychotic medication, whether the defendant risks serious harm to
his or her physical or mental health if not treated with
antipsychotic medication.
(C) Whether or not the defendant presents a danger to others if he
or she is not treated with antipsychotic medication.
(D) Whether the defendant has a mental illness for which
medications are the only effective treatment.
(E) Whether there are any side effects from the medication
currently being experienced by the defendant that would interfere
with the defendant's ability to collaborate with counsel.
(F) Whether there are any effective alternatives to medication.
(G) How quickly the medication is likely to bring the defendant to
competency.
(H) Whether the treatment plan includes methods other than
medication to restore the defendant to competency.
(I) A statement, if applicable, that no medication is likely to
restore the defendant to competency.
(3) After reviewing the reports, the court shall determine whether
or not grounds for the order authorizing involuntary administration
of antipsychotic medication still exist and shall do one of the
following:
(A) If the original grounds for involuntary medication still
exist, the order authorizing the treating facility to involuntarily
administer antipsychotic medication to the defendant shall remain in
effect.
(B) If the original grounds for involuntary medication no longer
exist, and there is no other basis for involuntary administration of
antipsychotic medication, the order for the involuntary
administration of antipsychotic medication shall be vacated.
(C) If the original grounds for involuntary medication no longer
exist, and the report states that there is another basis for
involuntary administration of antipsychotic medication, the court
shall set a hearing within 21 days to determine whether the order for
the involuntary administration of antipsychotic medication shall be
vacated or whether a new order for the involuntary administration of
antipsychotic medication shall be issued. The hearing shall proceed
as set forth in subparagraph (B) of paragraph (2) of subdivision (a).
(4) Any defendant who has been committed or has been on outpatient
status for 18 months and is still hospitalized or on outpatient
status shall be returned to the committing court where a hearing
shall be held pursuant to the procedures set forth in Section 1369.
The court shall transmit a copy of its order to the community program
director or a designee.
(5) If it is determined by the court that no treatment for the
defendant's mental impairment is being conducted, the defendant shall
be returned to the committing court. The court shall transmit a copy
of its order to the community program director or a designee.
(6) At each review by the court specified in this subdivision, the
court shall determine if the security level of housing and treatment
is appropriate and may make an order in accordance with its
determination. If the court determines that the defendant shall
continue to be treated in the state hospital or on an outpatient
basis, the court shall determine issues concerning administration of
antipsychotic medication, as set forth in subparagraph (B) of
paragraph (2) of subdivision (a).
(c) (1) At the end of three years from the date of commitment or a
period of commitment equal to the maximum term of imprisonment
provided by law for the most serious offense charged in the
information, indictment, or misdemeanor complaint, whichever is
shorter, a defendant who has not recovered mental competence shall be
returned to the committing court. The court shall notify the
community program director or a designee of the return and of any
resulting court orders.
(2) Whenever any defendant is returned to the court pursuant to
paragraph (1) or (4) of subdivision (b) or paragraph (1) of this
subdivision and it appears to the court that the defendant is gravely
disabled, as defined in subparagraph (B) of paragraph (1) of
subdivision (h) of Section 5008 of the Welfare and Institutions Code,
the court shall order the conservatorship investigator of the county
of commitment of the defendant to initiate conservatorship
proceedings for the defendant pursuant to Chapter 3 (commencing with
Section 5350) of Part 1 of Division 5 of the Welfare and Institutions
Code. Any hearings required in the conservatorship proceedings shall
be held in the superior court in the county that ordered the
commitment. The court shall transmit a copy of the order directing
initiation of conservatorship proceedings to the community program
director or a designee, the sheriff and the district attorney of the
county in which criminal charges are pending, and the defendant's
counsel of record. The court shall notify the community program
director or a designee, the sheriff and district attorney of the
county in which criminal charges are pending, and the defendant's
counsel of record of the outcome of the conservatorship proceedings.
(3) If a change in placement is proposed for a defendant who is
committed pursuant to subparagraph (B) of paragraph (1) of
subdivision (h) of Section 5008 of the Welfare and Institutions Code,
the court shall provide notice and an opportunity to be heard with
respect to the proposed placement of the defendant to the sheriff and
the district attorney of the county in which criminal charges are
pending.
(4) Where the defendant is confined in a treatment facility, a
copy of any report to the committing court regarding the defendant's
progress toward recovery of mental competence shall be provided by
the committing court to the prosecutor and to the defense counsel.
(d) The criminal action remains subject to dismissal pursuant to
Section 1385. If the criminal action is dismissed, the court shall
transmit a copy of the order of dismissal to the community program
director or a designee.
(e) If the criminal charge against the defendant is dismissed, the
defendant shall be released from any commitment ordered under this
section, but without prejudice to the initiation of any proceedings
that may be appropriate under the Lanterman-Petris-Short Act, Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code.
(f) As used in this chapter, "community program director" means
the person, agency, or entity designated by the State Department of
State Hospitals pursuant to Section 1605 of this code and Section
4360 of the Welfare and Institutions Code.
(g) For the purpose of this section, "secure treatment facility"
shall not include, except for state mental hospitals, state
developmental centers, and correctional treatment facilities, any
facility licensed pursuant to Chapter 2 (commencing with Section
1250) of, Chapter 3 (commencing with Section 1500) of, or Chapter 3.2
(commencing with Section 1569) of, Division 2 of the Health and
Safety Code, or any community board and care facility.
(h) Nothing in this section shall preclude a defendant from filing
a petition for habeas corpus to challenge the continuing validity of
an order authorizing a treatment facility or outpatient program to
involuntarily administer antipsychotic medication to a person being
treated as incompetent to stand trial.
(i) This section shall become operative on July 1, 2012.
SEC. 28. Section 1372 of the Penal Code is amended to read:
1372. (a) (1) If the medical director of the state hospital or
other facility to which the defendant is committed, or the community
program director, county mental health director, or regional center
director providing outpatient services, determines that the defendant
has regained mental competence, the director shall immediately
certify that fact to the court by filing a certificate of restoration
with the court by certified mail, return receipt requested. For
purposes of this section, the date of filing shall be the date on the
return receipt.
(2) The court's order committing an individual to a state hospital
or other treatment facility pursuant to Section 1370 shall include
direction that the sheriff shall redeliver the patient to the court
without any further order from the court upon receiving from the
state hospital or treatment facility a copy of the certificate of
restoration.
(3) The defendant shall be returned to the committing court in the
following manner:
(A) A patient who remains confined in a state hospital or other
treatment facility shall be redelivered to the sheriff of the county
from which the patient was committed. The sheriff shall immediately
return the person from the state hospital or other treatment facility
to the court for further proceedings.
(B) The patient who is on outpatient status shall be returned by
the sheriff to court through arrangements made by the outpatient
treatment supervisor.
(C) In all cases, the patient shall be returned to the committing
court no later than 10 days following the filing of a certificate of
restoration. The state shall only pay for 10 hospital days for
patients following the filing of a certificate of restoration of
competency. The State Department of State Hospitals shall report to
the fiscal and appropriate policy committees of the Legislature on an
annual basis in February, on the number of days that exceed the
10-day limit prescribed in this subparagraph. This report shall
include, but not be limited to, a data sheet that itemizes by county
the number of days that exceed this 10-day limit during the preceding
year.
(b) If the defendant becomes mentally competent after a
conservatorship has been established pursuant to the applicable
provisions of the Lanterman-Petris-Short Act, Part 1 (commencing with
Section 5000) of Division 5 of the Welfare and Institutions Code,
and Section 1370, the conservator shall certify that fact to the
sheriff and district attorney of the county in which the defendant's
case is pending, defendant's attorney of record, and the committing
court.
(c) When a defendant is returned to court with a certification
that competence has been regained, the court shall notify either the
community program director, the county mental health director, or the
regional center director and the Director of Developmental Services,
as appropriate, of the date of any hearing on the defendant's
competence and whether or not the defendant was found by the court to
have recovered competence.
(d) If the committing court approves the certificate of
restoration to competence as to a person in custody, the court shall
hold a hearing to determine whether the person is entitled to be
admitted to bail or released on own recognizance status pending
conclusion of the proceedings. If the superior court approves the
certificate of restoration to competence regarding a person on
outpatient status, unless it appears that the person has refused to
come to court, that person shall remain released either on own
recognizance status, or, in the case of a developmentally disabled
person, either on the defendant's promise or on the promise of a
responsible adult to secure the person's appearance in court for
further proceedings. If the person has refused to come to court, the
court shall set bail and may place the person in custody until bail
is posted.
(e) A defendant subject to either subdivision (a) or (b) who is
not admitted to bail or released under subdivision (d) may, at the
discretion of the court, upon recommendation of the director of the
facility where the defendant is receiving treatment, be returned to
the hospital or facility of his or her original commitment or other
appropriate secure facility approved by the community program
director, the county
mental health director, or the regional center director. The
recommendation submitted to the court shall be based on the opinion
that the person will need continued treatment in a hospital or
treatment facility in order to maintain competence to stand trial or
that placing the person in a jail environment would create a
substantial risk that the person would again become incompetent to
stand trial before criminal proceedings could be resumed.
(f) Notwithstanding subdivision (e), if a defendant is returned by
the court to a hospital or other facility for the purpose of
maintaining competency to stand trial and that defendant is already
under civil commitment to that hospital or facility from another
county pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing
with Section 5000) of Division 5 of the Welfare and Institutions
Code) or as a developmentally disabled person committed pursuant to
Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of
Division 6 of the Welfare and Institutions Code, the costs of housing
and treating the defendant in that facility following return
pursuant to subdivision (e) shall be the responsibility of the
original county of civil commitment.
SEC. 29. Section 1601 of the Penal Code is amended to read:
1601. (a) In the case of any person charged with and found
incompetent on a charge of, convicted of, or found not guilty by
reason of insanity of murder, mayhem, aggravated mayhem, a violation
of Section 207, 209, or 209.5 in which the victim suffers
intentionally inflicted great bodily injury, robbery or carjacking
with a deadly or dangerous weapon or in which the victim suffers
great bodily injury, a violation of subdivision (a) or (b) of Section
451, a violation of paragraph (2), (3), or (6) of subdivision (a) of
Section 261, a violation of paragraph (1) or (4) of subdivision (a)
of Section 262, a violation of Section 459 in the first degree, a
violation of Section 220 in which the victim suffers great bodily
injury, a violation of Section 288, a violation of Section 18715,
18725, 18740, 18745, 18750, or 18755, or any felony involving death,
great bodily injury, or an act which poses a serious threat of bodily
harm to another person, outpatient status under this title shall not
be available until that person has actually been confined in a state
hospital or other treatment facility for 180 days or more after
having been committed under the provisions of law specified in
Section 1600.
(b) In the case of any person charged with, and found incompetent
on a charge of, or convicted of, any misdemeanor or any felony other
than those described in subdivision (a), or found not guilty of any
misdemeanor by reason of insanity, outpatient status under this title
may be granted by the court prior to actual confinement in a state
hospital or other treatment facility under the provisions of law
specified in Section 1600.
SEC. 30. Section 1605 of the Penal Code is amended to read:
1605. (a) In accordance with Section 1615 of this code and
Section 5709.8 of the Welfare and Institutions Code, the State
Department of State Hospitals shall be responsible for the
supervision of persons placed on outpatient status under this title.
The State Department of State Hospitals shall designate, for each
county or region comprised of two or more counties, a community
program director who shall be responsible for administering the
community treatment programs for persons committed from that county
or region under the provisions specified in Section 1600.
(b) The State Department of State Hospitals shall notify in
writing the superior court, the district attorney, the county public
defender or public defense agency, and the county mental health
director of each county as to the person designated to be the
community program director for that county, and timely written notice
shall be given whenever a new community program director is to be
designated.
(c) The community program director shall be the outpatient
treatment supervisor of persons placed on outpatient status under
this title. The community program director may delegate the
outpatient treatment supervision responsibility to a designee.
(d) The outpatient treatment supervisor shall, at 90-day intervals
following the beginning of outpatient treatment, submit to the
court, the prosecutor and defense counsel, and to the community
program director, where appropriate, a report setting forth the
status and progress of the defendant.
SEC. 31. Section 1615 of the Penal Code is amended to read:
1615. Pursuant to Section 5709.8 of the Welfare and Institutions
Code, the State Department of State Hospitals shall be responsible
for the community treatment and supervision of judicially committed
patients. These services shall be available on a county or regional
basis. The department may provide these services directly or through
contract with private providers or counties. The program or programs
through which these services are provided shall be known as the
Forensic Conditional Release Program.
The department shall contact all county mental health programs by
January 1, 1986, to determine their interest in providing an
appropriate level of supervision and treatment of judicially
committed patients at reasonable cost. County mental health agencies
may agree or refuse to operate such a program.
The State Department of State Hospitals shall ensure consistent
data gathering and program standards for use statewide by the
Forensic Conditional Release Program.
SEC. 32. Section 1616 of the Penal Code is amended to read:
1616. The state shall contract with a research agency which shall
determine the prevalence of severe mental disorder among the state
prison inmates and parolees, including persons admitted to prison,
the resident population, and those discharged to parole. An
evaluation of the array of services shall be performed, including the
correctional, state hospital, and local inpatient programs;
residential-level care and partial day care within the institutions
as well as in the community; and the individual and group treatment
which may be provided within the correctional setting and in the
community upon release. The review shall include the
interrelationship between the security and clinical staff, as well as
the architectural design which aids meeting the treatment needs of
these mentally ill offenders while maintaining a secure setting.
Administration of these programs within the institutions and in the
community shall be reviewed by the contracting agency. The ability of
treatment programs to prevent reoffenses by inmates with severe
mental disorders shall also be addressed. The process for evaluating
inmates and parolees to determine their need for treatment and the
ability to differentiate those who will benefit from treatment and
those who will not shall be reviewed.
The State Department of State Hospitals, the Department of
Corrections and Rehabilitation, and the Department of Justice shall
cooperate with the research agency conducting this study.
The research agency conducting this study shall consult with the
State Department of State Hospitals, the Department of Corrections
and Rehabilitation, the Department of Justice, and the Forensic
Mental Health Association of California in the design of the study.
SEC. 33. Section 1617 of the Penal Code is amended to read:
1617. The State Department of State Hospitals shall research the
demographic profiles and other related information pertaining to
persons receiving supervision and treatment in the Forensic
Conditional Release Program. An evaluation of the program shall
determine its effectiveness in successfully reintegrating these
persons into society after release from state institutions. This
evaluation of program effectiveness shall include, but not be limited
to, a determination of the rates of reoffense while these persons
are served by the program and after their discharge. This evaluation
shall also address the effectiveness of the various treatment
components of the program and their intensity.
The State Department of State Hospitals may contract with an
independent research agency to perform this research and evaluation
project. Any independent research agency conducting this research
shall consult with the Forensic Mental Health Association concerning
the development of the research and evaluation design.
SEC. 34. Section 1618 of the Penal Code is amended to read:
1618. The administrators and the supervision and treatment staff
of the Forensic Conditional Release Program shall not be held
criminally or civilly liable for any criminal acts committed by the
persons on parole or judicial commitment status who receive
supervision or treatment. This waiver of liability shall apply to
employees of the State Department of State Hospitals, the Board of
Parole Hearings, and the agencies or persons under contract to those
agencies, who provide screening, clinical evaluation, supervision, or
treatment to mentally ill parolees or persons under judicial
commitment or considered for placement under a hold by the Board of
Parole Hearings.
SEC. 35. Section 2684 of the Penal Code is amended to read:
2684. (a) If, in the opinion of the Secretary of the Department
of Corrections and Rehabilitation, the rehabilitation of any mentally
ill, mentally deficient, or insane person confined in a state prison
may be expedited by treatment at any one of the state hospitals
under the jurisdiction of the State Department of State Hospitals or
the State Department of Developmental Services, the Secretary of the
Department of Corrections and Rehabilitation, with the approval of
the Board of Parole Hearings for persons sentenced pursuant to
subdivision (b) of Section 1168, shall certify that fact to the
director of the appropriate department who shall evaluate the
prisoner to determine if he or she would benefit from care and
treatment in a state hospital. If the director of the appropriate
department so determines, the superintendent of the hospital shall
receive the prisoner and keep him or her until in the opinion of the
superintendent the person has been treated to the extent that he or
she will not benefit from further care and treatment in the state
hospital.
(b) Whenever the Secretary of the Department of Corrections and
Rehabilitation receives a recommendation from the court that a
defendant convicted of a violation of Section 646.9 and sentenced to
confinement in the state prison would benefit from treatment in a
state hospital pursuant to subdivision (a), the secretary shall
consider the recommendation. If appropriate, the secretary shall
certify that the rehabilitation of the defendant may be expedited by
treatment in a state hospital and subdivision (a) shall apply.
SEC. 36. Section 2962 of the Penal Code is amended to read:
2962. As a condition of parole, a prisoner who meets the
following criteria shall be required to be treated by the State
Department of State Hospitals, and the State Department of State
Hospitals shall provide the necessary treatment:
(a) (1) The prisoner has a severe mental disorder that is not in
remission or cannot be kept in remission without treatment.
(2) The term "severe mental disorder" means an illness or disease
or condition that substantially impairs the person's thought,
perception of reality, emotional process, or judgment; or which
grossly impairs behavior; or that demonstrates evidence of an acute
brain syndrome for which prompt remission, in the absence of
treatment, is unlikely. The term "severe mental disorder" as used in
this section does not include a personality or adjustment disorder,
epilepsy, mental retardation or other developmental disabilities, or
addiction to or abuse of intoxicating substances.
(3) The term "remission" means a finding that the overt signs and
symptoms of the severe mental disorder are controlled either by
psychotropic medication or psychosocial support. A person "cannot be
kept in remission without treatment" if during the year prior to the
question being before the Board of Parole Hearings or a trial court,
he or she has been in remission and he or she has been physically
violent, except in self-defense, or he or she has made a serious
threat of substantial physical harm upon the person of another so as
to cause the target of the threat to reasonably fear for his or her
safety or the safety of his or her immediate family, or he or she has
intentionally caused property damage, or he or she has not
voluntarily followed the treatment plan. In determining if a person
has voluntarily followed the treatment plan, the standard shall be
whether the person has acted as a reasonable person would in
following the treatment plan.
(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 to 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) (1) Prior to release on parole, the person in charge of
treating the prisoner and a practicing psychiatrist or psychologist
from the State Department of State Hospitals have evaluated the
prisoner at a facility of the Department of Corrections and
Rehabilitation, and a chief psychiatrist of the Department of
Corrections and Rehabilitation has certified to the Board of Parole
Hearings 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 aggravating factor in the prisoner's criminal behavior, that
the prisoner has been in treatment for the severe mental disorder for
90 days or more within the year prior to his or her parole release
day, and that by reason of his or her severe mental disorder the
prisoner represents a substantial danger of physical harm to others.
For prisoners being treated by the State Department of State
Hospitals pursuant to Section 2684, the certification shall be by a
chief psychiatrist of the Department of Corrections and
Rehabilitation, and the evaluation shall be done at a state hospital
by the person at the state hospital in charge of treating the
prisoner and a practicing psychiatrist or psychologist from the
Department of Corrections and Rehabilitation.
(2) If the professionals doing the evaluation pursuant to
paragraph (1) do not concur that (A) the prisoner has a severe mental
disorder, (B) that the disorder is not in remission or cannot be
kept in remission without treatment, or (C) that the severe mental
disorder was a cause of, or aggravated, the prisoner's criminal
behavior, and a chief psychiatrist has certified the prisoner to the
Board of Parole Hearings pursuant to this paragraph, then the Board
of Parole Hearings shall order a further examination by two
independent professionals, as provided for in Section 2978.
(3) If at least one of the independent professionals who evaluate
the prisoner pursuant to paragraph (2) concurs with the chief
psychiatrist's certification of the issues described in paragraph
(2), this subdivision shall be applicable to the prisoner. The
professionals appointed pursuant to Section 2978 shall inform the
prisoner that the purpose of their examination is not treatment but
to determine if the prisoner meets certain criteria to be
involuntarily treated as a mentally disordered offender. It is not
required that the prisoner appreciate or understand that information.
(e) The crime referred to in subdivision (b) meets both of the
following criteria:
(1) The defendant received a determinate sentence pursuant to
Section 1170 for the crime.
(2) The crime is one of the following:
(A) Voluntary manslaughter.
(B) Mayhem.
(C) Kidnapping in violation of Section 207.
(D) Any robbery wherein it was charged and proved that the
defendant personally used a deadly or dangerous weapon, as provided
in subdivision (b) of Section 12022, in the commission of that
robbery.
(E) Carjacking, as defined in subdivision (a) of Section 215, if
it is charged and proved that the defendant personally used a deadly
or dangerous weapon, as provided in subdivision (b) of Section 12022,
in the commission of the carjacking.
(F) Rape, as defined in paragraph (2) or (6) of subdivision (a) of
Section 261 or paragraph (1) or (4) of subdivision (a) of Section
262.
(G) Sodomy by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person.
(H) Oral copulation by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another
person.
(I) Lewd acts on a child under the age of 14 years in violation of
Section 288.
(J) Continuous sexual abuse in violation of Section 288.5.
(K) The offense described in subdivision (a) of Section 289 where
the act was accomplished against the victim's will by force,
violence, duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person.
(L) Arson in violation of subdivision (a) of Section 451, or arson
in violation of any other provision of Section 451 or in violation
of Section 455 where the act posed a substantial danger of physical
harm to others.
(M) Any felony in which the defendant used a firearm which use was
charged and proved as provided in Section 12022.5, 12022.53, or
12022.55.
(N) A violation of Section 18745.
(O) Attempted murder.
(P) A crime not enumerated in subparagraphs (A) to (O), inclusive,
in which the prisoner used force or violence, or caused serious
bodily injury as defined in paragraph (4) of subdivision (f) of
Section 243.
(Q) A crime in which the perpetrator expressly or impliedly
threatened another with the use of force or violence likely to
produce substantial physical harm in such a manner that a reasonable
person would believe and expect that the force or violence would be
used. For purposes of this subparagraph, substantial physical harm
shall not require proof that the threatened act was likely to cause
great or serious bodily injury.
(f) As used in this chapter, "substantial danger of physical harm"
does not require proof of a recent overt act.
SEC. 37. Section 2964 of the Penal Code is amended to read:
2964. (a) The treatment required by Section 2962 shall be
inpatient unless the State Department of State Hospitals certifies to
the Board of Parole Hearings that there is reasonable cause to
believe the parolee can be safely and effectively treated on an
outpatient basis, in which case the Board of Parole Hearings shall
permit the State Department of State Hospitals to place the parolee
in an outpatient treatment program specified by the State Department
of State Hospitals. Any prisoner who is to be required to accept
treatment pursuant to Section 2962 shall be informed in writing of
his or her right to request a hearing pursuant to Section 2966. Prior
to placing a parolee in a local outpatient program, the State
Department of State Hospitals shall consult with the local outpatient
program as to the appropriate treatment plan. Notwithstanding any
other law, a parolee ordered to have outpatient treatment pursuant to
this section may be placed in an outpatient treatment program used
to provide outpatient treatment under Title 15 (commencing with
Section 1600) of Part 2, but the procedural provisions of Title 15
shall not apply. The community program director or a designee of an
outpatient program used to provide treatment under Title 15 in which
a parolee is placed, may place the parolee, or cause the parolee to
be placed, in a secure mental health facility if the parolee can no
longer be safely or effectively treated in the outpatient program,
and until the parolee can be safely and effectively treated in the
program. Upon the request of the community program director or a
designee, a peace officer shall take the parolee into custody and
transport the parolee, or cause the parolee to be taken into custody
and transported, to a facility designated by the community program
director, or a designee, for confinement under this section. Within
15 days after placement in a secure facility the State Department of
State Hospitals shall conduct a hearing on whether the parolee can be
safely and effectively treated in the program unless the patient or
the patient's attorney agrees to a continuance, or unless good cause
exists that prevents the State Department of State Hospitals from
conducting the hearing within that period of time. If good cause
exists, the hearing shall be held within 21 days after placement in a
secure facility. For purposes of this section, "good cause" means
the inability to secure counsel, an interpreter, or witnesses for the
hearing within the 15-day time period. Before deciding to seek
revocation of the parole of a parolee receiving mental health
treatment pursuant to Section 2962, and return him or her to prison,
the parole officer shall consult with the director of the parolee's
outpatient program. Nothing in this section shall prevent
hospitalization pursuant to Section 5150, 5250, or 5353 of the
Welfare and Institutions Code.
(b) If the State Department of State Hospitals has not placed a
parolee on outpatient treatment within 60 days after receiving
custody of the parolee or after parole is continued pursuant to
Section 3001, the parolee may request a hearing before the Board of
Parole Hearings, and the board shall conduct a hearing to determine
whether the prisoner shall be treated as an inpatient or an
outpatient. At the hearing, the burden shall be on the State
Department of State Hospitals to establish that the prisoner requires
inpatient treatment as described in this subdivision. If the
prisoner or any person appearing on his or her behalf at the hearing
requests it, the board shall appoint two independent professionals as
provided for in Section 2978.
SEC. 38. Section 2968 of the Penal Code is amended to read:
2968. If the prisoner's severe mental disorder is put into
remission during the parole period, and can be kept in remission, the
Director of State Hospitals shall notify the Board of Parole
Hearings and the State Department of State Hospitals shall
discontinue treating the parolee.
SEC. 39. Section 2970 of the Penal Code is amended to read:
2970. Not later than 180 days prior to the termination of parole,
or release from prison if the prisoner refused to agree to treatment
as a condition of parole as required by Section 2962, unless good
cause is shown for the reduction of that 180-day period, if the
prisoner's severe mental disorder is not in remission or cannot be
kept in remission without treatment, the medical director of the
state hospital which is treating the parolee, or the community
program director in charge of the parolee's outpatient program, or
the Secretary of the Department of Corrections and Rehabilitation,
shall submit to the district attorney of the county in which the
parolee is receiving outpatient treatment, or for those in prison or
in a state mental hospital, the district attorney of the county of
commitment, his or her written evaluation on remission. If requested
by the district attorney, the written evaluation shall be accompanied
by supporting affidavits.
The district attorney may then file a petition with the superior
court for continued involuntary treatment for one year. The petition
shall be accompanied by affidavits specifying that treatment, while
the prisoner was released from prison on parole, has been
continuously provided by the State Department of State Hospitals
either in a state hospital or in an outpatient program. The petition
shall also specify that the prisoner has a severe mental disorder,
that the severe mental disorder is not in remission or cannot be kept
in remission if the person's treatment is not continued, and that,
by reason of his or her severe mental disorder, the prisoner
represents a substantial danger of physical harm to others.
SEC. 40. Section 2972 of the Penal Code is amended to read:
2972. (a) The court shall conduct a hearing on the petition under
Section 2970 for continued treatment. The court shall advise the
person of his or her right to be represented by an attorney and of
the right to a jury trial. The attorney for the person shall be given
a copy of the petition, and any supporting documents. The hearing
shall be a civil hearing, however, in order to reduce costs the rules
of criminal discovery, as well as civil discovery, shall be
applicable.
The standard of proof under this section shall be proof beyond a
reasonable doubt, and if the trial is by jury, the jury shall be
unanimous in its verdict. The trial shall be by jury unless waived by
both the person and the district attorney. The trial shall commence
no later than 30 calendar days prior to the time the person would
otherwise have been released, unless the time is waived by the person
or unless good cause is shown.
(b) The people shall be represented by the district attorney. If
the person is indigent, the county public defender shall be
appointed.
(c) If the court or jury finds that the patient has a severe
mental disorder, that the patient's severe mental disorder is not in
remission or cannot be kept in remission without treatment, and that
by reason of his or her severe mental disorder, the patient
represents a substantial danger of physical harm to others, the court
shall order the patient recommitted to the facility in which the
patient was confined at the time the petition was filed, or
recommitted to the outpatient program in which he or she was being
treated at the time the petition was filed, or committed to the State
Department of State Hospitals if the person was in prison. The
commitment shall be for a period of one year from the date of
termination of parole or a previous commitment or the scheduled date
of release from prison as specified in Section 2970. Time spent on
outpatient status, except when placed in a locked facility at the
direction of the outpatient supervisor, shall not count as actual
custody and shall not be credited toward the person's maximum term of
commitment or toward the person's term of extended commitment.
(d) A person shall be released on outpatient status if the
committing court finds that there is reasonable cause to believe that
the committed person can be safely and effectively treated on an
outpatient basis. Except as provided in this subdivision, the
provisions of Title 15 (commencing with Section 1600) of Part 2,
shall apply to persons placed on outpatient status pursuant to this
paragraph. The standard for revocation under Section
1609 shall be that the person cannot
be safely and effectively treated on an outpatient basis.
(e) Prior to the termination of a commitment under this section, a
petition for recommitment may be filed to determine whether the
patient's severe mental disorder is not in remission or cannot be
kept in remission without treatment, and whether by reason of his or
her severe mental disorder, the patient represents a substantial
danger of physical harm to others. The recommitment proceeding shall
be conducted in accordance with the provisions of this section.
(f) Any commitment under this article places an affirmative
obligation on the treatment facility to provide treatment for the
underlying causes of the person's mental disorder.
(g) Except as provided in this subdivision, the person committed
shall be considered to be an involuntary mental health patient and he
or she shall be entitled to those rights set forth in Article 7
(commencing with Section 5325) of Chapter 2 of Part 1 of Division 5
of the Welfare and Institutions Code. Commencing January 1, 1986, the
State Department of Mental Health, or its successor, the State
Department of State Hospitals, may adopt regulations to modify those
rights as is necessary in order to provide for the reasonable
security of the inpatient facility in which the patient is being
held. This subdivision and the regulations adopted pursuant thereto
shall become operative on January 1, 1987, except that regulations
may be adopted prior to that date.
SEC. 41. Section 2976 of the Penal Code is amended to read:
2976. (a) The cost of inpatient or outpatient treatment under
Section 2962 or 2972 shall be a state expense while the person is
under the jurisdiction of the Department of Corrections and
Rehabilitation or the State Department of State Hospitals.
(b) Any person placed outside of a facility of the Department of
Corrections and Rehabilitation for the purposes of inpatient
treatment under this article shall not be deemed to be released from
imprisonment or from the custody of the Department of Corrections and
Rehabilitation prior to the expiration of the maximum term of
imprisonment of the person.
SEC. 42. Section 2978 of the Penal Code is amended to read:
2978. (a) Any independent professionals appointed by the Board of
Parole Hearings for purposes of this article shall not be state
government employees; shall have at least five years of experience in
the diagnosis and treatment of mental disorders; and shall include
psychiatrists, and licensed psychologists who have a doctoral degree
in psychology.
(b) On July 1 of each year the Department of Corrections and
Rehabilitation and the State Department of State Hospitals shall
submit to the Board of Parole Hearings a list of 20 or more
independent professionals on which both departments concur. The
professionals shall not be state government employees and shall have
at least five years of experience in the diagnosis and treatment of
mental disorders and shall include psychiatrists and licensed
psychologists who have a doctoral degree in psychology. For purposes
of this article, when the Board of Parole Hearings receives the list,
it shall only appoint independent professionals from the list. The
list shall not be binding on the Board of Parole Hearings until it
has received the list, and shall not be binding after June 30
following receipt of the list.
SEC. 43. Section 3000 of the Penal Code is amended to read:
3000. (a) (1) The Legislature finds and declares that the period
immediately following incarceration is critical to successful
reintegration of the offender into society and to positive
citizenship. It is in the interest of public safety for the state to
provide for the effective supervision of and surveillance of
parolees, including the judicious use of revocation actions, and to
provide educational, vocational, family and personal counseling
necessary to assist parolees in the transition between imprisonment
and discharge. A sentence resulting in imprisonment in the state
prison pursuant to Section 1168 or 1170 shall include a period of
parole supervision or postrelease community supervision, unless
waived, or as otherwise provided in this article.
(2) The Legislature finds and declares that it is not the intent
of this section to diminish resources allocated to the Department of
Corrections and Rehabilitation for parole functions for which the
department is responsible. It is also not the intent of this section
to diminish the resources allocated to the Board of Parole Hearings
to execute its duties with respect to parole functions for which the
board is responsible.
(3) The Legislature finds and declares that diligent effort must
be made to ensure that parolees are held accountable for their
criminal behavior, including, but not limited to, the satisfaction of
restitution fines and orders.
(4) For any person subject to a sexually violent predator
proceeding pursuant to Article 4 (commencing with Section 6600) of
Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions
Code, an order issued by a judge pursuant to Section 6601.5 of the
Welfare and Institutions Code, finding that the petition, on its
face, supports a finding of probable cause to believe that the
individual named in the petition is likely to engage in sexually
violent predatory criminal behavior upon his or her release, shall
toll the period of parole of that person, from the date that person
is released by the Department of Corrections and Rehabilitation as
follows:
(A) If the person is committed to the State Department of State
Hospitals as a sexually violent predator and subsequently a court
orders that the person be unconditionally discharged, the parole
period shall be tolled until the date the judge enters the order
unconditionally discharging that person.
(B) If the person is not committed to the State Department of
State Hospitals as a sexually violent predator, the tolling of the
parole period shall be abrogated and the parole period shall be
deemed to have commenced on the date of release from the Department
of Corrections and Rehabilitation.
(5) Paragraph (4) applies to persons released by the Department of
Corrections and Rehabilitation on or after January 1, 2012. Persons
released by the Department of Corrections and Rehabilitation prior to
January 1, 2012, shall continue to be subject to the law governing
the tolling of parole in effect on December 31, 2011.
(b) Notwithstanding any provision to the contrary in Article 3
(commencing with Section 3040) of this chapter, the following shall
apply to any inmate subject to Section 3000.08:
(1) In the case of any inmate sentenced under Section 1168, the
period of parole shall not exceed five years in the case of an inmate
imprisoned for any offense other than first or second degree murder
for which the inmate has received a life sentence, and shall not
exceed three years in the case of any other inmate, unless in either
case the parole authority for good cause waives parole and discharges
the inmate from custody of the department. This subdivision shall
also be applicable to inmates who committed crimes prior to July 1,
1977, to the extent specified in Section 1170.2.
(2) At the expiration of a term of imprisonment of one year and
one day, or a term of imprisonment imposed pursuant to Section 1170
or at the expiration of a term reduced pursuant to Section 2931 or
2933, if applicable, the inmate shall be released on parole for a
period not exceeding three years, except that any inmate sentenced
for an offense specified in paragraph (3), (4), (5), (6), (11), or
(18) of subdivision (c) of Section 667.5 shall be released on parole
for a period not exceeding 10 years, unless a longer period of parole
is specified in Section 3000.1.
(3) Notwithstanding paragraphs (1) and (2), in the case of any
offense for which the inmate has received a life sentence pursuant to
subdivision (b) of Section 209, with the intent to commit a
specified sex offense, or Section 667.51, 667.61, or 667.71, the
period of parole shall be 10 years, unless a longer period of parole
is specified in Section 3000.1.
(4) (A) Notwithstanding paragraphs (1) to (3), inclusive, in the
case of a person convicted of and required to register as a sex
offender for the commission of an offense specified in Section 261,
262, 264.1, 286, 288a, paragraph (1) of subdivision (b) of Section
288, Section 288.5, or 289, in which one or more of the victims of
the offense was a child under 14 years of age, the period of parole
shall be 20 years and six months unless the board, for good cause,
determines that the person will be retained on parole. The board
shall make a written record of this determination and transmit a copy
of it to the parolee.
(B) In the event of a retention on parole, the parolee shall be
entitled to a review by the board each year thereafter.
(C) There shall be a board hearing consistent with the procedures
set forth in Sections 3041.5 and 3041.7 within 12 months of the date
of any order returning the parolee to custody to consider the release
of the inmate on parole, and notwithstanding the provisions of
paragraph (2) of subdivision (b) of Section 3041.5, there shall be
annual parole consideration hearings thereafter, unless the person is
released or otherwise ineligible for parole release. The panel or
board shall release the person within one year of the date of the
revocation unless it determines that the circumstances and gravity of
the parole violation are such that consideration of the public
safety requires a more lengthy period of incarceration or unless
there is a new prison commitment following a conviction.
(D) The provisions of Section 3042 shall not apply to any hearing
held pursuant to this subdivision.
(5) The parole authority shall consider the request of any inmate
regarding the length of his or her parole and the conditions thereof.
(6) Upon successful completion of parole, or at the end of the
maximum statutory period of parole specified for the inmate under
paragraph (1), (2), (3), or (4), as the case may be, whichever is
earlier, the inmate shall be discharged from custody. The date of the
maximum statutory period of parole under this subdivision and
paragraphs (1), (2), (3), and (4) shall be computed from the date of
initial parole and shall be a period chronologically determined. Time
during which parole is suspended because the prisoner has absconded
or has been returned to custody as a parole violator shall not be
credited toward any period of parole unless the prisoner is found not
guilty of the parole violation. However, the period of parole is
subject to the following:
(A) Except as provided in Section 3064, in no case may a prisoner
subject to three years on parole be retained under parole supervision
or in custody for a period longer than four years from the date of
his or her initial parole.
(B) Except as provided in Section 3064, in no case may a prisoner
subject to five years on parole be retained under parole supervision
or in custody for a period longer than seven years from the date of
his or her initial parole.
(C) Except as provided in Section 3064, in no case may a prisoner
subject to 10 years on parole be retained under parole supervision or
in custody for a period longer than 15 years from the date of his or
her initial parole.
(7) The Department of Corrections and Rehabilitation shall meet
with each inmate at least 30 days prior to his or her good time
release date and shall provide, under guidelines specified by the
parole authority or the department, whichever is applicable, the
conditions of parole and the length of parole up to the maximum
period of time provided by law. The inmate has the right to
reconsideration of the length of parole and conditions thereof by the
department or the parole authority, whichever is applicable. The
Department of Corrections and Rehabilitation or the board may impose
as a condition of parole that a prisoner make payments on the
prisoner's outstanding restitution fines or orders imposed pursuant
to subdivision (a) or (c) of Section 13967 of the Government Code, as
operative prior to September 28, 1994, or subdivision (b) or (f) of
Section 1202.4.
(8) For purposes of this chapter, the board shall be considered
the parole authority.
(9) The sole authority to issue warrants for the return to actual
custody of any state prisoner released on parole rests with the
board, except for any escaped state prisoner or any state prisoner
released prior to his or her scheduled release date who should be
returned to custody, and Section 3060 shall apply.
(10) It is the intent of the Legislature that efforts be made with
respect to persons who are subject to Section 290.011 who are on
parole to engage them in treatment.
SEC. 44. Section 3000.08 of the Penal Code, as amended by Section
17 of Chapter 12 of the First Extraordinary Session of the Statutes
of 2011, is amended to read:
3000.08. (a) Persons released from state prison on or after
October 1, 2011, after serving a prison term or, whose sentence has
been deemed served pursuant to Section 2900.5, for any of the
following crimes shall be subject to the jurisdiction of and parole
supervision by the Department of Corrections and Rehabilitation:
(1) A serious felony as described in subdivision (c) of Section
1192.7.
(2) A violent felony as described in subdivision (c) of Section
667.5.
(3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of
subdivision (c) of Section 1170.12.
(4) Any crime where the person eligible for release from prison is
classified as a High Risk Sex Offender.
(5) Any crime where the person is required, as a condition of
parole, to undergo treatment by the State Department of State
Hospitals pursuant to Section 2962.
(b) Notwithstanding any other provision of law, all other
offenders released from prison shall be placed on postrelease
supervision pursuant to Title 2.05 (commencing with Section 3450).
(c) Notwithstanding subdivision (a), any of the following persons
released from state prison shall be subject to the jurisdiction of,
and parole supervision by, the Department of Corrections and
Rehabilitation for a period of parole up to three years or the parole
term the person was subject to at the time of the commission of the
offense, whichever is greater:
(1) The person is required to register as a sex offender pursuant
to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1,
and was subject to a period of parole exceeding three years at the
time he or she committed a felony for which they were convicted and
subsequently sentenced to state prison.
(2) The person was subject to parole for life pursuant to Section
3000.1 at the time of the commission of the offense that resulted in
a conviction and state prison sentence.
(d) Except as described in subdivision (c), any person who is
convicted of a felony that requires community supervision and who
still has a period of state parole to serve shall discharge from
state parole at the time of release to community supervision.
(e) This section shall be operative only until July 1, 2013, and
as of January 1, 2014, is repealed, unless a later enacted statute,
that is enacted before January 1, 2014, deletes or extends that date.
SEC. 45. Section 3000.08 of the Penal Code, as amended by Section
18 of Chapter 12 of the First Extraordinary Session of the Statutes
of 2011, is amended to read:
3000.08. (a) Persons released from state prison prior to or on or
after July 1, 2013, after serving a prison term or, whose sentence
has been deemed served pursuant to Section 2900.5, for any of the
following crimes shall be subject to parole supervision by the
Department of Corrections and Rehabilitation and the jurisdiction of
the court in the county where the parolee is released or resides for
the purpose of hearing petitions to revoke parole and impose a term
of custody:
(1) A serious felony as described in subdivision (c) of Section
1192.7.
(2) A violent felony as described in subdivision (c) of Section
667.5.
(3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of
subdivision (c) of Section 1170.12.
(4) Any crime where the person eligible for release from prison is
classified as a High Risk Sex Offender.
(5) Any crime where the person is required, as a condition of
parole, to undergo treatment by the State Department of State
Hospitals pursuant to Section 2962.
(b) Notwithstanding any other provision of law, all other
offenders released from prison shall be placed on postrelease
supervision pursuant to Title 2.05 (commencing with Section 3450).
(c) At any time during the period of parole of a person subject to
this section, if any parole agent or peace officer has probable
cause to believe that the parolee is violating any term or condition
of his or her parole, the agent or officer may, without warrant or
other process and at any time until the final disposition of the
case, arrest the person and bring him or her before the parole
authority, or the parole authority may, in its discretion, issue a
warrant for that person's arrest.
(d) Upon review of the alleged violation and a finding of good
cause that the parolee has committed a violation of law or violated
his or her conditions of parole, the parole authority may impose
additional and appropriate conditions of supervision, including
rehabilitation and treatment services and appropriate incentives for
compliance, and impose immediate, structured, and intermediate
sanctions for parole violations, including flash incarceration in a
county jail. Periods of "flash incarceration," as defined in
subdivision (e) are encouraged as one method of punishment for
violations of a parolee's conditions of parole. Nothing in this
section is intended to preclude referrals to a reentry court pursuant
to Section 3015.
(e) "Flash incarceration" is a period of detention in county jail
due to a violation of a parolee's conditions of parole. The length of
the detention period can range between one and 10 consecutive days.
Shorter, but if necessary more frequent, periods of detention for
violations of a parolee's conditions of parole shall appropriately
punish a parolee while preventing the disruption in a work or home
establishment that typically arises from longer periods of detention.
(f) If the supervising parole agency has determined, following
application of its assessment processes, that intermediate sanctions
up to and including flash incarceration are not appropriate, the
supervising agency shall petition the revocation hearing officer
appointed pursuant to Section 71622.5 of the Government Code in the
county in which the parolee is being supervised to revoke parole. At
any point during the process initiated pursuant to this section, a
parolee may waive, in writing, his or her right to counsel, admit the
parole violation, waive a court hearing, and accept the proposed
parole modification. The petition shall include a written report that
contains additional information regarding the petition, including
the relevant terms and conditions of parole, the circumstances of the
alleged underlying violation, the history and background of the
parolee, and any recommendations. The Judicial Council shall adopt
forms and rules of court to establish uniform statewide procedures to
implement this subdivision, including the minimum contents of
supervision agency reports. Upon a finding that the person has
violated the conditions of parole, the revocation hearing officer
shall have authority to do any of the following:
(1) Return the person to parole supervision with modifications of
conditions, if appropriate, including a period of incarceration in
county jail.
(2) Revoke parole and order the person to confinement in the
county jail.
(3) Refer the person to a reentry court pursuant to Section 3015
or other evidence-based program in the court's discretion.
(g) Confinement pursuant to paragraphs (1) and (2) of subdivision
(f) shall not exceed a period of 180 days in the county jail.
(h) Notwithstanding any other provision of law, in any case where
Section 3000.1 applies to a person who is on parole and there is good
cause to believe that the person has committed a violation of law or
violated his or her conditions of parole, and there is imposed a
period of imprisonment of longer than 30 days, that person shall be
remanded to the custody of the Department of Corrections and
Rehabilitation and the jurisdiction of the Board of Parole Hearings
for the purpose of future parole consideration.
(i) Notwithstanding subdivision (a), any of the following persons
released from state prison shall be subject to the jurisdiction of,
and parole supervision by, the Department of Corrections and
Rehabilitation for a period of parole up to three years or the parole
term the person was subject to at the time of the commission of the
offense, whichever is greater:
(1) The person is required to register as a sex offender pursuant
to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1,
and was subject to a period of parole exceeding three years at the
time he or she committed a felony for which they were convicted and
subsequently sentenced to state prison.
(2) The person was subject to parole for life pursuant to Section
3000.1 at the time of the commission of the offense that resulted in
a conviction and state prison sentence.
(j) Parolees subject to this section who are being held for a
parole violation in a county jail on July 1, 2013, shall be subject
to the jurisdiction of the Board of Parole Hearings.
(k) Except as described in subdivision (c), any person who is
convicted of a felony that requires community supervision and who
still has a period of state parole to serve shall discharge from
state parole at the time of release to community supervision.
(l) This section shall become operative on July 1, 2013.
SEC. 46. Section 3058.8 of the Penal Code is amended to read:
3058.8. (a) At the time a notification is sent pursuant to
subdivision (a) of Section 3058.6, the Board of Parole Hearings or
the Department of Corrections and Rehabilitation, or the designated
agency responsible for notification, as the case may be, shall also
notify persons described in Section 679.03 who have requested a
notice informing those persons of the fact that the person who
committed the violent offense is scheduled to be released from the
Department of Corrections and Rehabilitation or from the State
Department of State Hospitals, including, but not limited to,
conditional release, and specifying the proposed date of release.
Notice of the community in which the person is scheduled to reside
shall also be given if it is (1) in the county of residence of a
witness, victim, or family member of a victim who has requested
notification, or (2) within 100 miles of the actual residence of a
witness, victim, or family member of a victim who has requested
notification. If, after providing the witness, victim, or next of kin
with the notice, there is any change in the release date or the
community in which the person is to reside, the board or department
shall provide the witness, victim, or next of kin with the revised
information.
(b) In order to be entitled to receive the notice set forth in
this section, the requesting party shall keep the department or board
informed of his or her current contact information.
(c) The board or department, when sending out notices regarding an
offender's release on parole, shall use the information provided by
the requesting party pursuant to subdivision (b) of Section 679.03,
unless that information is no longer current. If the information is
no longer current, the department shall make a reasonable attempt to
contact the person and to notify him or her of the impending release.
SEC. 47. Section 3072 of the Penal Code is amended to read:
3072. (a) The Department of Corrections and Rehabilitation,
subject to the legislative appropriation of the necessary funds, may
establish and operate, after January 1, 2007, a specialized sex
offender treatment pilot program for inmates whom the department
determines pose a high risk to the public of committing violent sex
crimes.
(b) (1) The program shall be based upon the relapse prevention
model and shall include referral to specialized services, such as
substance abuse treatment, for offenders needing those specialized
services.
(2) Except as otherwise required under Section 645, the department
may provide medication treatments for selected offenders, as
determined by medical protocols, and only on a voluntary basis and
with the offender's informed consent.
(c) (1) The program shall be targeted primarily at adult sex
offenders who meet the following conditions:
(A) The offender is within five years of being released on parole.
An inmate serving a life term may be excluded from treatment until
he or she receives a parole date and is within five years of that
parole date, unless the department determines that the treatment is
necessary for the public safety.
(B) The offender has been clinically assessed.
(C) A review of the offender's criminal history indicates that the
offender poses a high risk of committing new sex offenses upon his
or her release on parole.
(D) Based upon the clinical assessment, the offender may be
amenable to treatment.
(2) The department may include other appropriate offenders in the
treatment program if doing so facilitates the effectiveness of the
treatment program.
(3) Notwithstanding any other provision of law, inmates who are
condemned to death or sentenced to life without the possibility of
parole are ineligible to participate in treatment.
(d) The program under this section shall be established with the
assistance and supervision of the staff of the department primarily
by obtaining the services of specially trained sex offender treatment
providers, as determined by the secretary of the department and the
Director of State Hospitals.
(e) (1) The program under this section, upon full implementation,
shall provide for the treatment of inmates who are deemed to pose a
high risk to the public of committing sex crimes, as determined by
the State-Authorized Risk Assessment Tool for Sex Offenders, pursuant
to Sections 290.04 to 290.06, inclusive.
(2) To the maximum extent that is practical and feasible,
offenders participating in the treatment program shall be held in a
separate area of the prison facility, segregated from any non-sex
offenders held at the same
prison, and treatment in the pilot program shall be provided in
program space segregated, to the maximum extent that is practical and
feasible, from program space for any non-sex offenders held at the
same prison.
(f) (1) The State Department of Mental Health, or its successor,
the State Department of State Hospitals, by January 1, 2012, shall
provide a report evaluating the program to the fiscal and public
safety policy committees of both houses of the Legislature, and to
the Joint Legislative Budget Committee.
(2) The report shall initially evaluate whether the program under
this section is operating effectively, is having a positive clinical
effect on participating sex offenders, and is cost effective for the
state.
(3) In conducting its evaluation, the State Department of Mental
Health, or its successor, the State Department of State Hospitals,
shall consider the effects of treatment of offenders while in prison
and while subsequently on parole.
(4) The State Department of Mental Health, or its successor, the
State Department of State Hospitals, shall advise the Legislature as
to whether the program should be continued past its expiration date,
expanded, or concluded.
SEC. 48. Section 3451 of the Penal Code is amended to read:
3451. (a) Notwithstanding any other law and except for persons
serving a prison term for any crime described in subdivision (b), all
persons released from prison on and after October 1, 2011, or, whose
sentence has been deemed served pursuant to Section 2900.5 after
serving a prison term for a felony shall, upon release from prison
and for a period not exceeding three years immediately following
release, be subject to community supervision provided by a county
agency designated by each county's board of supervisors which is
consistent with evidence-based practices, including, but not limited
to, supervision policies, procedures, programs, and practices
demonstrated by scientific research to reduce recidivism among
individuals under postrelease supervision.
(b) This section shall not apply to any person released from
prison after having served a prison term for any of the following:
(1) A serious felony described in subdivision (c) of Section
1192.7.
(2) A violent felony described in subdivision (c) of Section
667.5.
(3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of
subdivision (c) of Section 1170.12.
(4) Any crime where the person eligible for release from prison is
classified as a High Risk Sex Offender.
(5) Any crime where the person is required, as a condition of
parole, to undergo treatment by the State Department of State
Hospitals pursuant to Section 2962.
(c) (1) Postrelease supervision under this title shall be
implemented by a county agency according to a postrelease strategy
designated by each county's board of supervisors.
(2) The Department of Corrections and Rehabilitation shall inform
every prisoner subject to the provisions of this title, upon release
from state prison, of the requirements of this title and of his or
her responsibility to report to the county agency responsible for
serving that inmate. The department shall also inform persons serving
a term of parole for a felony offense who are subject to this
section of the requirements of this title and of his or her
responsibility to report to the county agency responsible for serving
that parolee. Thirty days prior to the release of any person subject
to postrelease supervision by a county, the department shall notify
the county of all information that would otherwise be required for
parolees under subdivision (e) of Section 3003.
SEC. 49. Section 5021 of the Penal Code is amended to read:
5021. (a) Any death that occurs in any facility operated by the
Department of Corrections and Rehabilitation, the State Department of
State Hospitals, a city, county, or city and county, including
county juvenile facilities, or any facility which is under contract
with any of these entities for the incarceration, rehabilitation,
holding, or treatment of persons accused or convicted of crimes,
shall be reported within a reasonable time, not to exceed two hours,
of its discovery by authorities in the facility to the county
sheriff, or his or her designated representative, and to the coroner'
s office, of the county in which the facility is located, as provided
in Section 27491 of the Government Code. These deaths shall also be
reported to the district attorney, or his or her designated
representative, of the county in which the facility is located as
soon as a representative of the district attorney's office is on
duty. If the facility is located within the city limits of an
incorporated city, the report shall also be made to the chief of
police in that city, or to his or her designated representative,
within a reasonable time, not to exceed two hours, of its discovery.
Any death of a person in a facility operated by the Department of
Corrections and Rehabilitation shall also be reported to the Chief of
Medical Services in the Central Office of the Department of
Corrections and Rehabilitation, or his or her designated
representative, as soon as a representative of that office is on
duty.
(b) The initial report of the death of a person required in
subdivision (a) may be transmitted by telephone, direct contact, or
by written notification, and shall outline all pertinent facts known
at the time the report is made and all persons to contact, in
addition to any other information the reporting person or officer
deems pertinent.
(c) The initial report of the death of a person as required in
subdivision (a) shall be supplemented by a written report, which
shall be submitted to the entities listed in subdivision (a) within
eight hours of the discovery of the death. This written report shall
include all circumstances and details of the death that were known at
the time the report was prepared, and shall include the names of all
persons involved in the death, and all persons with knowledge of the
circumstances surrounding the death.
SEC. 50. Section 5024 of the Penal Code is amended to read:
5024. (a) The Legislature finds and declares that:
(1) State costs for purchasing drugs and medical supplies for the
health care of offenders in state custody have grown rapidly in
recent years and will amount to almost seventy-five million dollars
($75,000,000) annually in the 1999-2000 fiscal year.
(2) The Bureau of State Audits found in a January 2000 audit
report that the state could save millions of dollars annually by
improving its current processes for the procurement of drugs for
inmate health care and by pursuing alternative procurement methods.
(3) It is the intent of the Legislature that the Department of
Corrections and Rehabilitation, in cooperation with the Department of
General Services and other appropriate state agencies, take prompt
action to adopt cost-effective reforms in its drug and medical supply
procurement processes by establishing a program to obtain rebates
from drug manufacturers, implementing alternative contracting and
procurement reforms, or by some combination of these steps.
(b) (1) The Secretary of the Department of Corrections and
Rehabilitation, pursuant to the Administrative Procedure Act, Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code, may adopt regulations requiring
manufacturers of drugs to pay the department a rebate for the
purchase of drugs for offenders in state custody that is at least
equal to the rebate that would be applicable to the drug under
Section 1927(c) of the federal Social Security Act (42 U.S.C. Sec.
1396r-8(c)). Any such regulation shall, at a minimum, specify the
procedures for notifying drug manufacturers of the rebate
requirements and for collecting rebate payments.
(2) If a rebate program is implemented, the secretary shall
develop, maintain, and update as necessary a list of drugs to be
provided under the rebate program, and establish a rate structure for
reimbursement of each drug included in the rebate program. Rates
shall not be less than the actual cost of the drug. However, the
secretary may purchase a listed drug directly from the manufacturer
and negotiate the most favorable bulk price for that drug. In order
to minimize state administrative costs and maximize state benefits
for the rebate program, the secretary may establish a program that
focuses upon obtaining rebates for those drugs that it determines are
purchased by the department in relatively large volumes.
(3) If a rebate program is implemented, the department shall
submit an invoice, not less than two times per year, to each
manufacturer for the amount of the rebate required by this
subdivision. Drugs may be removed from the list for failure to pay
the rebate required by this subdivision, unless the department
determines that purchase of the drug is a medical necessity or that
purchase of the drug is necessary to comply with a court order to
ensure the appropriate provision of quality health care to offenders
in state custody.
(4) In order to minimize state administrative costs and maximize
state benefits for such a rebate program, if one is implemented, the
Department of Corrections and Rehabilitation may enter into
interagency agreements with the Department of General Services, the
State Department of Health Care Services, the State Department of
State Hospitals, or the State Department of Developmental Services,
the University of California, another appropriate state department,
or with more than one of those entities, for joint participation in a
rebate program, collection and monitoring of necessary drug price
and rebate data, the billing of manufacturers for rebates, the
resolution of any disputes over rebates, and any other services
necessary for the cost-effective operation of the rebate program.
(5) The Department of Corrections and Rehabilitation, separately
or in cooperation with other state agencies, may contract for the
services of a pharmaceutical benefits manager for any services
necessary for the cost-effective operation of the rebate program, if
one is implemented, or for other services to improve the contracting
and procurement of drugs and medical supplies for inmate health care.
(c) Nothing in this section shall prohibit the department, as an
alternative to or in addition to establishing a rebate program for
drugs for inmate health care, from implementing, in cooperation with
the Department of General Services and other appropriate state
agencies, other cost-effective strategies for procurement of drugs
and medical supplies for offenders in state custody, including, but
not limited to:
(1) Improvements in the existing statewide master agreement
procedures for purchasing contract and noncontract drugs at a
discount from drug manufacturers.
(2) Participation by offenders in state custody infected with
human immunodeficiency virus (HIV), the etiologic agent of acquired
immunodeficiency syndrome (AIDS), in the AIDS Drug Assistance
Program.
(3) Membership in the Minnesota Multistate Contracting Alliance
for Pharmacy (MMCAP) or other cooperative purchasing arrangements
with other governmental entities.
(4) Greater centralization or standardization of procurement of
drugs and medical supplies among individual prisons in the Department
of Corrections and Rehabilitation prison system.
(d) The Bureau of State Audits shall report to the Legislature and
the Governor by January 10, 2002, its findings in regard to:
(1) An evaluation of the trends in state costs for the procurement
of drugs and medical supplies for offenders in state custody, and an
assessment of the major factors affecting those trends.
(2) A summary of the steps taken by the Department of Corrections
and Rehabilitation, the Department of General Services, and other
appropriate state agencies to implement this section.
(3) An evaluation of the compliance by these state agencies with
the findings and recommendations of the January 2000 Bureau of State
Audits report for reform of procurement of drugs and medical supplies
for offenders in state custody.
(4) Any further recommendations of the Bureau of State Audits for
reform of state drug procurement practices, policies, or statutes.
SEC. 51. Section 6007 of the Penal Code is amended to read:
6007. (a) No person shall be employed initially by the department
unless that person, after an offer of employment, completes an
examination, a test, or a medical evaluation and is found to be free
of tuberculosis in an infectious or contagious stage prior to
assuming work duties.
(b) As a condition of continued employment with the department,
those employees who are skin-test negative shall receive an
examination or test at least once a year, or more often if directed
by the department, for as long as the employee remains skin-test
negative. If an employee has a documented positive skin test, the
employee shall have a medical evaluation to determine the need for
followup care. An employee with a positive skin test shall follow the
department's guidelines for tuberculosis control.
(c) The department shall ensure that all examinations or tests and
medical evaluations, as defined in subdivisions (b) and (c) of
Section 6006.5, to diagnose and assess the health conditions of the
person, meet the following conditions:
(1) Are made available to the employee promptly at a reasonable
time and place.
(2) Are made available at no cost to the employee.
(3) Are performed by, or under the supervision of, a licensed
health care professional.
(d) The examinations or tests or medical evaluations required
pursuant to this chapter shall be offered by the department. The
department may contract with a medical provider to administer the
examinations or tests or medical evaluations. Employees who elect not
to accept the department's offer shall obtain the examinations or
tests or medical evaluations through their personal health care
providers at no cost to the department.
The requirements of this section apply to the Department of
Corrections and Rehabilitation and the Board of Parole Hearings.
Notwithstanding any other provision of law, each department or board
shall be responsible for the costs of the testing or evaluation
required by this section for its own employees or potential
employees.
(e) Followup care for tuberculosis infection or treatment for
tuberculosis disease shall be pursued through the workers'
compensation system as provided in Division 4 (commencing with
Section 3200) and Division 5 (commencing with Section 6300) of the
Labor Code for job-related incidents or through the employee's health
insurance plan for non-job-related incidents. The department shall
file a first report of injury for an employee whose examination or
test for tuberculosis is positive. In addition, the department shall
follow the guidelines, policies, and procedures of the workers'
compensation early intervention program pursuant to Section 3214 of
the Labor Code.
(f) Each employee, including employees who are employed initially,
shall submit a signed certificate to the department annually that
may be reviewed by the chief medical officer of the department.
(g) The department shall maintain a file containing an up-to-date
certificate for each employee.
(h) Nothing in this section shall prevent the department from
requiring and providing more extensive or more frequent examinations
or tests.
(i) The department shall not discriminate against any employee
because the employee tested positive for tuberculosis.
(j) All volunteers of the department shall be required to furnish
the department with a certificate prior to assuming their volunteer
duties and annually thereafter, showing that the volunteer has been
examined and found to be free of tuberculosis in an infectious or
contagious stage.
(k) The department shall maintain a file containing an up-to-date
certificate for each volunteer.
( l ) Employees from other state agencies, including,
but not limited to, the State Department of State Hospitals and the
Department of Forestry and Fire Protection, who are assigned to work
in an institution, as defined in subdivision (h) of Section 6006.5,
or who are assigned to work with inmates or wards on a regular basis,
as defined in the department's guidelines, shall comply with the
following requirements:
(1) Receive an examination or test prior to assuming their duties
and at least once a year thereafter, or more often if directed by the
department, for as long as the employee remains skin-test negative.
(2) Receive a medical evaluation to determine the need for
followup care and follow the department's guidelines for tuberculosis
control if an employee has a documented positive skin test.
(3) Submit a signed certificate to the department prior to
assuming his or her duties and annually thereafter, showing that the
employee has been found to be free of tuberculosis in an infectious
or contagious state.
(4) Pursue followup care for tuberculosis infection or treatment
for tuberculosis disease through the appropriate programs in their
agency or department.
(m) The department shall offer the examinations, tests, or medical
evaluations required pursuant to this chapter to employees of other
state agencies or departments and may contract with a medical
provider to administer the examinations, tests, or medical
evaluations. Employees of other state agencies or departments who
elect not to accept the department's offer shall obtain the
examinations, tests, or medical evaluations from their personal
health care provider at no cost to the department.
(n) The department shall maintain a file containing an up-to-date
certificate for each employee from other state agencies who works in
an institution.
SEC. 52. Section 6044 of the Penal Code is amended to read:
6044. (a) The Council on Mentally Ill Offenders is hereby
established within the Department of Corrections and Rehabilitation.
The council shall be composed of 12 members, one of whom shall be the
secretary of the department who shall be designated as the
chairperson, one of whom shall be the Director of State Hospitals,
one of whom shall be the Director of Health Care Services, and nine
of whom shall be appointed. The Governor shall appoint three members,
at least one of whom shall represent mental health. The Senate
Committee on Rules shall appoint two members, one representing law
enforcement and one representing mental health. The Speaker of the
Assembly shall appoint two members, one representing law enforcement
and one representing mental health. The Attorney General shall
appoint one member. The Chief Justice of the California Supreme Court
shall appoint one member who shall be a superior court judge.
(b) The council shall select a vice chairperson from among its
members. Six members of the council shall constitute a quorum.
(c) The Director of State Hospitals and the Director of Health
Care Services shall serve as the liaison to the California Health and
Human Services Agency and any departments within that agency
necessary to further the purposes of this article.
(d) Members of the council shall receive no compensation, but
shall be reimbursed for actual and necessary travel expenses incurred
in the performance of their duties. For purposes of compensation,
attendance at meetings of the board shall be deemed performance by a
member of the duties of his or her state or local government
employment.
(e) The goal of the council shall be to investigate and promote
cost-effective approaches to meeting the long-term needs of adults
and juveniles with mental disorders who are likely to become
offenders or who have a history of offending. The council shall:
(1) Identify strategies for preventing adults and juveniles with
mental health needs from becoming offenders.
(2) Identify strategies for improving the cost-effectiveness of
services for adults and juveniles with mental health needs who have a
history of offending.
(3) Identify incentives to encourage state and local criminal
justice, juvenile justice, and mental health programs to adopt
cost-effective approaches for serving adults and juveniles with
mental health needs who are likely to offend or who have a history of
offending.
(f) The council shall consider strategies that:
(1) Improve service coordination among state and local mental
health, criminal justice, and juvenile justice programs.
(2) Improve the ability of adult and juvenile offenders with
mental health needs to transition successfully between
corrections-based, juvenile justice-based, and community-based
treatment programs.
(g) The Secretary of the Department of Corrections and
Rehabilitation, the Director of State Hospitals, and the Director of
Health Care Services may furnish for the use of the council those
facilities, supplies, and personnel as may be available therefor. The
council may secure the assistance of any state agency, department,
or instrumentality in the course of its work.
(h) (1) The Council on Mentally Ill Offenders shall file with the
Legislature, not later than December 31 of each year, a report that
shall provide details of the council's activities during the
preceding year. The report shall include recommendations for
improving the cost-effectiveness of mental health and criminal
justice programs.
(2) After the first year of operation, the council may recommend
to the Legislature and Governor modifications to its jurisdiction,
composition, and membership that will further the purposes of this
article.
(i) The Council on Mentally Ill Offenders is authorized to apply
for any funds that may be available from the federal government or
other sources to further the purposes of this article.
(j) (1) For purposes of this article, the council shall address
the needs of adults and juveniles who meet the following criteria:
persons who have been arrested, detained, incarcerated, or are at a
significant risk of being arrested, detained, or incarcerated, and
who have a mental disorder as defined in Section 1830.205 of Title 9
of the California Code of Regulations.
(2) The council may expand its purview to allow it to identify
strategies that are preventive in nature and could be directed to
identifiable categories of adults and juveniles that fall outside of
the above definitions.
SEC. 53. Section 13510.5 of the Penal Code is amended to read:
13510.5. For the purpose of maintaining the level of competence
of state law enforcement officers, the commission shall adopt, and
may, from time to time amend, rules establishing minimum standards
for training of peace officers as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2, who are employed by any
railroad company, the California State Police Division, the
University of California Police Department, a California State
University police department, the Department of Alcoholic Beverage
Control, the Division of Investigation of the Department of Consumer
Affairs, the Wildlife Protection Branch of the Department of Fish and
Game, the Department of Forestry and Fire Protection, including the
Office of the State Fire Marshal, the Department of Motor Vehicles,
the California Horse Racing Board, the Bureau of Food and Drug, the
Division of Labor Law Enforcement, the Director of Parks and
Recreation, the State Department of Health Care Services, the
Department of Toxic Substances Control, the State Department of
Social Services, the State Department of State Hospitals, the State
Department of Developmental Services, the State Department of Alcohol
and Drug Programs, the Office of Statewide Health Planning and
Development, and the Department of Justice. All rules shall be
adopted and amended pursuant to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 54. Section 13885.6 of the Penal Code is amended to read:
13885.6. The Department of Justice shall establish and maintain a
comprehensive file of existing information maintained by law
enforcement agencies, probation departments, the Department of
Corrections and Rehabilitation, the State Department of State
Hospitals, the Department of Motor Vehicles, and the Department of
Justice. The Department of Justice may request the Department of
Corrections and Rehabilitation, the State Department of State
Hospitals, the Department of Motor Vehicles, law enforcement
agencies, and probation departments to provide existing information
from their files regarding persons identified by the Department of
Justice as high risk sex offenders pursuant to Section 13885.4. The
Department of Corrections and Rehabilitation, the State Department of
State Hospitals, the Department of Motor Vehicles, law enforcement
agencies, and probation departments, when requested by the Department
of Justice, shall provide copies of existing information maintained
in their files regarding persons identified by the Department of
Justice as high risk sex offenders and shall provide followup
information to the Department of Justice as it becomes available,
unless otherwise prohibited by federal law. This information shall
include, but is not limited to, criminal histories, Facts of Offense
Sheets, sex offender registration records, police reports, probation
and presentencing reports, judicial records and case files, juvenile
records, psychological evaluations and psychological hospital
reports, and sexually violent predator treatment program reports.
This information shall also include records that have been sealed.
This information shall be provided to the Department of Justice in a
manner and format jointly approved by the submitting department and
the Department of Justice. This high risk sex offender file shall be
maintained by the Department of Justice High Risk Sex Offender
Program and shall contain a complete physical description and method
of operation of the high risk sex offender, information describing
his or her interaction with criminal justice agencies, and his or her
prior criminal record. The Department of Justice also shall prepare
a bulletin on each high risk sex offender for distribution to law
enforcement agencies.
SEC. 55. Section 14202.2 of the Penal Code is amended to read:
14202.2. (a) The Department of Justice, in conjunction with the
Department of Corrections and Rehabilitation, shall update any
supervised release file that is available to law enforcement on the
California Law Enforcement Telecommunications System every 10 days to
reflect the most recent inmates paroled from facilities under the
jurisdiction of the
Department of Corrections and Rehabilitation.
(b) Commencing on July 1, 2001, The Department of Justice, in
consultation with the State Department of Mental Health, or its
successor, the State Department of State Hospitals, shall also update
any supervised release file that is available to law enforcement on
the California Law Enforcement Telecommunications System every 10
days to reflect patients undergoing community mental health treatment
and supervision through the Forensic Conditional Release Program
administered by the State Department of Mental Health, or its
successor, the State Department of State Hospitals, other than
individuals committed as incompetent to stand trial pursuant to
Chapter 6 (commencing with Section 1367) of Title 10 of Part 2.
SEC. 56. Section 28220 of the Penal Code is amended to read:
28220. (a) Upon submission of firearm purchaser information, the
Department of Justice shall examine its records, as well as those
records that it is authorized to request from the State Department of
State Hospitals pursuant to Section 8104 of the Welfare and
Institutions Code, in order to determine if the purchaser is a person
described in subdivision (a) of Section 27535, or is prohibited by
state or federal law from possessing, receiving, owning, or
purchasing a firearm.
(b) To the extent that funding is available, the Department of
Justice may participate in the National Instant Criminal Background
Check System (NICS), as described in subsection (t) of Section 922 of
Title 18 of the United States Code, and, if that participation is
implemented, shall notify the dealer and the chief of the police
department of the city or city and county in which the sale was made,
or if the sale was made in a district in which there is no municipal
police department, the sheriff of the county in which the sale was
made, that the purchaser is a person prohibited from acquiring a
firearm under federal law.
(c) If the department determines that the purchaser is prohibited
by state or federal law from possessing, receiving, owning, or
purchasing a firearm or is a person described in subdivision (a) of
Section 27535, it shall immediately notify the dealer and the chief
of the police department of the city or city and county in which the
sale was made, or if the sale was made in a district in which there
is no municipal police department, the sheriff of the county in which
the sale was made, of that fact.
(d) If the department determines that the copies of the register
submitted to it pursuant to subdivision (d) of Section 28210 contain
any blank spaces or inaccurate, illegible, or incomplete information,
preventing identification of the purchaser or the handgun or other
firearm to be purchased, or if any fee required pursuant to Section
28225 is not submitted by the dealer in conjunction with submission
of copies of the register, the department may notify the dealer of
that fact. Upon notification by the department, the dealer shall
submit corrected copies of the register to the department, or shall
submit any fee required pursuant to Section 28225, or both, as
appropriate and, if notification by the department is received by the
dealer at any time prior to delivery of the firearm to be purchased,
the dealer shall withhold delivery until the conclusion of the
waiting period described in Sections 26815 and 27540.
(e) If the department determines that the information transmitted
to it pursuant to Section 28215 contains inaccurate or incomplete
information preventing identification of the purchaser or the handgun
or other firearm to be purchased, or if the fee required pursuant to
Section 28225 is not transmitted by the dealer in conjunction with
transmission of the electronic or telephonic record, the department
may notify the dealer of that fact. Upon notification by the
department, the dealer shall transmit corrections to the record of
electronic or telephonic transfer to the department, or shall
transmit any fee required pursuant to Section 28225, or both, as
appropriate, and if notification by the department is received by the
dealer at any time prior to delivery of the firearm to be purchased,
the dealer shall withhold delivery until the conclusion of the
waiting period described in Sections 26815 and 27540.
SEC. 57. Section 28225 of the Penal Code is amended to read:
28225. (a) The Department of Justice may require the dealer to
charge each firearm purchaser a fee not to exceed fourteen dollars
($14), except that the fee may be increased at a rate not to exceed
any increase in the California Consumer Price Index as compiled and
reported by the Department of Industrial Relations.
(b) The fee under subdivision (a) shall be no more than is
necessary to fund the following:
(1) The department for the cost of furnishing this information.
(2) The department for the cost of meeting its obligations under
paragraph (2) of subdivision (b) of Section 8100 of the Welfare and
Institutions Code.
(3) Local mental health facilities for state-mandated local costs
resulting from the reporting requirements imposed by Section 8103 of
the Welfare and Institutions Code.
(4) The State Department of State Hospitals for the costs
resulting from the requirements imposed by Section 8104 of the
Welfare and Institutions Code.
(5) Local mental hospitals, sanitariums, and institutions for
state-mandated local costs resulting from the reporting requirements
imposed by Section 8105 of the Welfare and Institutions Code.
(6) Local law enforcement agencies for state-mandated local costs
resulting from the notification requirements set forth in subdivision
(a) of Section 6385 of the Family Code.
(7) Local law enforcement agencies for state-mandated local costs
resulting from the notification requirements set forth in subdivision
(c) of Section 8105 of the Welfare and Institutions Code.
(8) For the actual costs associated with the electronic or
telephonic transfer of information pursuant to Section 28215.
(9) The Department of Food and Agriculture for the costs resulting
from the notification provisions set forth in Section 5343.5 of the
Food and Agricultural Code.
(10) The department for the costs associated with subdivisions (d)
and (e) of Section 27560.
(11) The department for the costs associated with funding
Department of Justice firearms-related regulatory and enforcement
activities related to the sale, purchase, possession, loan, or
transfer of firearms pursuant to any provision listed in Section
16580.
(c) The fee established pursuant to this section shall not exceed
the sum of the actual processing costs of the department, the
estimated reasonable costs of the local mental health facilities for
complying with the reporting requirements imposed by paragraph (3) of
subdivision (b), the costs of the State Department of State
Hospitals for complying with the requirements imposed by paragraph
(4) of subdivision (b), the estimated reasonable costs of local
mental hospitals, sanitariums, and institutions for complying with
the reporting requirements imposed by paragraph (5) of subdivision
(b), the estimated reasonable costs of local law enforcement agencies
for complying with the notification requirements set forth in
subdivision (a) of Section 6385 of the Family Code, the estimated
reasonable costs of local law enforcement agencies for complying with
the notification requirements set forth in subdivision (c) of
Section 8105 of the Welfare and Institutions Code imposed by
paragraph (7) of subdivision (b), the estimated reasonable costs of
the Department of Food and Agriculture for the costs resulting from
the notification provisions set forth in Section 5343.5 of the Food
and Agricultural Code, the estimated reasonable costs of the
department for the costs associated with subdivisions (d) and (e) of
Section 27560, and the estimated reasonable costs of department
firearms-related regulatory and enforcement activities related to the
sale, purchase, possession, loan, or transfer of firearms pursuant
to any provision listed in Section 16580.
(d) Where the electronic or telephonic transfer of applicant
information is used, the department shall establish a system to be
used for the submission of the fees described in this section to the
department.
SEC. 58. Section 29515 of the Penal Code is amended to read:
29515. (a) Upon receipt of an initial or renewal application
submitted as specified in Sections 29505, 29520, and 29525, the
department shall examine its records, records the department is
authorized to request from the State Department of State Hospitals
pursuant to Section 8104 of the Welfare and Institutions Code, and
records of the National Instant Criminal Background Check System as
described in subsection (t) of Section 922 of Title 18 of the United
States Code, in order to determine if the applicant is prohibited
from possessing or receiving firearms.
(b) The department shall issue an entertainment firearms permit
only if the records indicate that the applicant is not prohibited
from possessing or receiving firearms pursuant to any federal, state,
or local law.
SEC. 59. Section 30105 of the Penal Code is amended to read:
30105. (a) An individual may request that the Department of
Justice perform a firearms eligibility check for that individual. The
applicant requesting the eligibility check shall provide the
personal information required by Section 28160 or 28165, as
applicable, but not any information regarding any firearm, to the
department, in an application specified by the department.
(b) The department shall charge a fee of twenty dollars ($20) for
performing the eligibility check authorized by this section, but not
to exceed the actual processing costs of the department. After the
department establishes fees sufficient to reimburse the department
for processing costs, fees charged may increase at a rate not to
exceed the legislatively approved cost-of-living adjustment for the
department's budget or as otherwise increased through the Budget Act.
(c) An applicant for the eligibility check pursuant to subdivision
(a) shall complete the application, have it notarized by any
licensed California Notary Public, and submit it by mail to the
department.
(d) Upon receipt of a notarized application and fee, the
department shall do all of the following:
(1) Examine its records, and the records it is authorized to
request from the State Department of State Hospitals pursuant to
Section 8104 of the Welfare and Institutions Code, to determine if
the purchaser is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm.
(2) Notify the applicant by mail of its determination of whether
the applicant is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm. The department's
notification shall state either "eligible to possess firearms as of
the date the check was completed" or "ineligible to possess firearms
as of the date the check was completed."
(e) If the department determines that the information submitted to
it in the application contains any blank spaces, or inaccurate,
illegible, or incomplete information, preventing identification of
the applicant, or if the required fee is not submitted, the
department shall not be required to perform the firearms eligibility
check.
(f) The department shall make applications to conduct a firearms
eligibility check as described in this section available to licensed
firearms dealers and on the department's Internet Web site.
(g) The department shall be immune from any liability arising out
of the performance of the firearms eligibility check, or any reliance
upon the firearms eligibility check.
(h) No person or agency may require or request another person to
obtain a firearms eligibility check or notification of a firearms
eligibility check pursuant to this section. A violation of this
subdivision is a misdemeanor.
(i) The department shall include on the application specified in
subdivision (a) and the notification of eligibility specified in
subdivision (d) the following statements:
"No person or agency may require or request another person to
obtain a firearms eligibility check or notification of firearms
eligibility check pursuant to Section 30105 of the Penal Code. A
violation of these provisions is a misdemeanor."
"If the applicant for a firearms eligibility check purchases,
transfers, or receives a firearm through a licensed dealer as
required by law, a waiting period and background check are both
required."
SEC. 60. Section 736 of the Welfare and Institutions Code is
amended to read:
736. (a) Except as provided in Section 733, the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities,
shall accept a ward committed to it pursuant to this article if the
Chief Deputy Secretary for the Division of Juvenile Justice believes
that the ward can be materially benefited by the division's
reformatory and educational discipline, and if the division has
adequate facilities, staff, and programs to provide that care. A ward
subject to this section shall not be transported to any facility
under the jurisdiction of the division until the superintendent of
the facility has notified the committing court of the place to which
that ward is to be transported and the time at which he or she can be
received.
(b) To determine who is best served by the Division of Juvenile
Facilities, and who would be better served by the State Department of
State Hospitals, the Chief Deputy Secretary for the Division of
Juvenile Justice and the Director of State Hospitals shall, at least
annually, confer and establish policy with respect to the types of
cases that should be the responsibility of each department.
SEC. 61. Section 1756 of the Welfare and Institutions Code is
amended to read:
1756. Notwithstanding any other provision of law, if, in the
opinion of the Chief Deputy Secretary for the Division of Juvenile
Justice, the rehabilitation of any mentally disordered, or
developmentally disabled person confined in a state correctional
school may be expedited by treatment at one of the state hospitals
under the jurisdiction of the State Department of State Hospitals or
the State Department of Developmental Services, the Chief Deputy
Secretary for the Division of Juvenile Justice shall certify that
fact to the director of the appropriate department who may authorize
receipt of the person at one of the hospitals for care and treatment.
Upon notification from the director that the person will no longer
benefit from further care and treatment in the state hospital, the
Chief Deputy Secretary for the Division of Juvenile Justice shall
immediately send for, take, and receive the person back into a state
correctional school. Any person placed in a state hospital under this
section who is committed to the authority shall be released from the
hospital upon termination of his or her commitment unless a petition
for detention of that person is filed under the provisions of Part 1
(commencing with Section 5000) of Division 5.
SEC. 62. Section 3300 of the Welfare and Institutions Code is
amended to read:
3300. There is hereby established an institution and branches,
under the jurisdiction of the Department of Corrections and
Rehabilitation, to be known as the California Rehabilitation Center.
Branches may be established in existing institutions of the
Department of Corrections and Rehabilitation, Division of Adult
Operations, in halfway houses as described in Section 3153, in such
other facilities as may be made available on the grounds of other
state institutions, and in city and county correctional facilities
where treatment facilities are available. Branches shall not be
established on the grounds of such other institutions in any manner
which will result in the placement of patients of such institutions
into inferior facilities. Branches placed in a facility of the State
Department of State Hospitals shall have prior approval of the
Director of State Hospitals, and branches placed in a facility of the
State Department of Developmental Services shall have the prior
approval of the Director of Developmental Services. Commencing July
1, 2005, the branches in the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities shall be established
by order of the secretary, and shall be subject to his or her
administrative direction. Branches placed in city or county
facilities shall have prior approval of the legislative body of the
city or county.
Persons confined pursuant to this section in branches established
in city and county correctional facilities shall be housed separately
from the prisoners therein, and shall be entitled to receive
treatment substantially equal to that which would be afforded those
persons if confined in the main institution of the California
Rehabilitation Center.
SEC. 63. Section 4000 of the Welfare and Institutions Code is
amended to read:
4000. There is in the California Health and Human Services Agency
a State Department of State Hospitals.
SEC. 64. Section 4001 of the Welfare and Institutions Code is
amended to read:
4001. As used in this division "state hospital" means any
hospital specified in Section 4100.
SEC. 65. Section 4004 of the Welfare and Institutions Code is
amended to read:
4004. The department is under the control of an executive officer
known as the Director of State Hospitals.
SEC. 66. Section 4005 of the Welfare and Institutions Code is
amended to read:
4005. With the consent of the Senate, the Governor shall appoint,
to serve at his or her pleasure, the Director of State Hospitals. He
or she shall have the powers of a head of a department pursuant to
Chapter 2 (commencing with Section 11150), Part 1, Division 3, Title
2 of the Government Code, and shall receive the salary provided for
by Chapter 6 (commencing with Section 11550), Part 1, Division 3,
Title 2 of the Government Code.
Upon recommendation of the director, the Governor may appoint a
chief deputy director of the department who shall hold office at the
pleasure of the Governor. The salary of the chief deputy director
shall be fixed in accordance with law.
SEC. 67. Section 4005.5 is added to the Welfare and Institutions
Code, to read:
4005.5. All regulations relating to state hospitals previously
adopted by the State Department of Mental Health pursuant to
authority now vested in the State Department of State Hospitals by
Section 4005.1 and in effect immediately preceding the operative date
of this section, shall remain in effect and shall be fully
enforceable unless and until readopted, amended, or repealed by the
Director of State Hospitals.
SEC. 68. Section 4006 of the Welfare and Institutions Code is
amended to read:
4006. With the approval of the Department of Finance and for use
in the furtherance of the work of the State Department of State
Hospitals, the director may accept any or all of the following:
(a) Grants of interest in real property.
(b) Grants of money received by this state from the United States,
the expenditure of which is administered through or under the
direction of any department of this state.
(c) Gifts of money from public agencies or from persons,
organizations, or associations interested in the scientific,
educational, charitable, or mental health fields.
SEC. 69. Section 4008 of the Welfare and Institutions Code is
amended to read:
4008. (a) The department may expend money in accordance with law
for the actual and necessary travel expenses of officers and
employees of the department who are authorized to absent themselves
from the State of California on official business.
(b) For the purposes of this section and of Sections 11030 and
11032 of the Government Code, the following constitutes, among other
purposes, official business for officers and employees of the
department for which these officers and employees shall be allowed
actual and necessary traveling expenses when incurred either in or
out of this state upon approval of the Governor and Director of
Finance:
(1) Attending meetings of any national or regional association or
organization having as its principal purpose the study of matters
relating to the care and treatment of mentally ill persons.
(2) Conferring with officers or employees of the United States or
other states, relative to problems of institutional care, treatment
or management.
(3) Obtaining information from organizations, associations, or
persons described in paragraphs (1) and (2) which would be useful in
the conduct of the activities of the State Department of State
Hospitals.
SEC. 70. Section 4010 of the Welfare and Institutions Code is
amended to read:
4010. Except as in this chapter otherwise prescribed, the
provisions of the Government Code relating to state officers and
departments shall apply to the State Department of State Hospitals.
SEC. 71. Section 4011.5 of the Welfare and Institutions Code is
amended to read:
4011.5. In counties where hospitals under the jurisdiction of the
State Department of State Hospitals are located, the state hospitals
shall ensure that appropriate special education and related
services, pursuant to Chapter 8 (commencing with Section 56850) of
Part 30 of Division 4 of Title 2 of the Education Code, are provided
eligible individuals with exceptional needs residing in state
hospitals.
SEC. 72. Section 4012 of the Welfare and Institutions Code is
amended to read:
4012. The State Department of State Hospitals, the State
Department of Health Care Services, and other departments as
necessary, may:
(a) Disseminate educational information relating to the
prevention, diagnosis and treatment of mental illness.
(b) Upon request, advise all public officers, organizations and
agencies interested in the mental health of the people of the state.
(c) Conduct such educational and related work as will tend to
encourage the development of proper mental health facilities
throughout the state.
(d) Coordinate state activities involving other departments whose
actions affect mentally ill persons.
(e) Coordinate with, and provide information to, other states and
national organizations, on issues involving mental health.
(f) Disseminate information and federal and private foundation
funding opportunities to counties and cities that administer mental
health programs.
SEC. 73. Section 4012.5 of the Welfare and Institutions Code is
amended to read:
4012.5. The State Department of State Hospitals may obtain
psychiatric, medical and other necessary aftercare services for
judicially committed patients on leave of absence from state
hospitals by contracting with any city, county, local health
district, or other public officer or agency, or with any private
person or agency to furnish such services to patients in or near the
home community of the patient. Any city, county, local health
district, or other public officer or agency authorized by law to
provide mental health and aftercare services is authorized to enter
such contracts.
SEC. 74. Section 4015 of the Welfare and Institutions Code is
amended to read:
4015. (a) The State Department of State Hospitals shall, in
coordination with the task force described in subdivision (c) and
with other state entities, including, but not limited to, the
Department of General Services, the State Department of Developmental
Services, the Secretary of State, and the California State Library,
do all of the following:
(1) Conduct and complete inventories of all of the following:
(A) All materials and records necessary to create the most
complete record of persons who died while residing at any state
hospital as defined in Section 7200, or any developmental center as
defined in Section 4440.
(B) Within existing resources, identify the location of all
gravesites at existing state hospitals and developmental center lands
and of gravesites not located on state lands but designated by the
state for burial of state hospital or developmental center residents.
This shall include the location of remains that may have been moved
from their original burial site and the location of grave markers
that may have been moved from gravesites.
(C) Within existing resources, identify the names of patients
whose remains were donated for medical research, the entity to which
the remains were donated, and the final disposition of those remains.
(2) Assist and cooperate with the California Memorial Project in
conducting research regarding the records of deaths and burials of
persons at state hospitals and developmental centers and cemeteries
based on the grounds of these facilities. This assistance shall,
subject to paragraph (3), include the granting of access to those
state records as necessary to perform the inventories described in
this section.
(3) Notwithstanding Sections 4514 and 5328 or any other provision
of law regarding confidentiality of patient records, the information
described in this section shall be limited to the name, date of
birth, date of death, and photographic images of any person who died
while in residency at any state hospital or developmental center and
shall be made available for the purposes of the implementation of
this section. The exportation and use of these records or
photographic images from state facilities shall be limited to the
information delineated within, and the purposes of, this section.
(4) Assist the California Memorial Project in developing a plan
for the restoration of gravesites and cemeteries at state hospitals
and developmental centers and gravesites not located on state lands
but designated by the state for burial of state hospital or
developmental center residents.
(5) Notwithstanding Sections 4514 and 5328 or any other provision
of law governing the confidentiality of patient records, with respect
to any monument or memorial erected consistent with this section,
the department may include, if available, the name, date of birth,
and date of death, of any person being memorialized who died while in
residency at a state hospital or developmental center and who was
buried by the state.
(6) Develop a protocol for the future interment of patients who
die while residing at a state hospital or developmental center and
are unclaimed by a family member.
(b) The department may develop a protocol to coordinate the
efforts of the state entities described in subdivision (a).
(c) (1) The department shall establish a task force to provide
leadership and direction in carrying out the activities described in
this section. The task force shall consist of representatives
selected by each of the
following entities:
(A) The Peer Self-Advocacy Unit of Disability Rights California.
(B) California Network of Mental Health Clients.
(C) Capitol People First.
(2) To the extent that funding is available, task force members
shall be reimbursed for necessary travel expenses associated with
serving on the task force. When requested by a task force member with
a disability, the state shall pay the cost of a facilitator chosen
by the task force member.
(d) In implementing this section, the state shall make no
structural changes to existing gravesites on state hospital or
developmental center lands prior to the submission of, and which do
not conform with, the restoration plan described in paragraph (4) of
subdivision (a).
(e) Pursuant to the plan described in paragraph (4) of subdivision
(a), the department shall seek funding for this section from the
California Cultural and Historical Endowment, in addition to any
other resources that may be available to the department, excluding
General Fund moneys, to restore, preserve, and memorialize the
gravesite located at Napa State Hospital.
SEC. 75. Section 4024 of the Welfare and Institutions Code is
amended to read:
4024. The State Department of State Hospitals proposed
allocations for level-of-care staffing in state hospitals that serve
persons with mental disabilities shall be submitted to the Department
of Finance for review and approval in July and again on a quarterly
basis. Each quarterly report shall include an analysis of client
characteristics of admissions and discharges in addition to
information on any changes in characteristics of current residents.
The State Department of State Hospitals shall submit by January 1
and May 1 to the Department of Finance for its approval: (a) all
assumptions underlying estimates of state hospital mentally disabled
population; and (b) a comparison of the actual and estimated
population levels for the year to date. If the actual population
differs from the estimated population by 50 or more, the department
shall include in its reports an analysis of the causes of the change
and the fiscal impact. The Department of Finance shall approve or
modify the assumptions underlying all population estimates within 15
working days of their submission. If the Department of Finance does
not approve or modify the assumptions by that date, the assumptions,
as presented by the submitting department, shall be deemed to be
accepted by the Department of Finance as of that date. The estimates
of populations and the comparison of actual versus estimated
population levels shall be made available to the Joint Legislative
Budget Committee immediately following approval by the Department of
Finance.
The Department of Finance shall also make available to the Joint
Legislative Budget Committee a listing of all of the approved
assumptions and the impact of each assumption, as well as all
supporting data provided by the State Department of State Hospitals
or developed independently by the Department of Finance. However, the
departmental estimates, assumptions, and other supporting data as
have been prepared shall be forwarded to the Joint Legislative Budget
Committee not later than January 15 or May 15 by the State
Department of State Hospitals in the event this information has not
been released earlier.
SEC. 76. Section 4027 of the Welfare and Institutions Code is
amended to read:
4027. The State Department of State Hospitals may adopt
regulations concerning patients' rights and related procedures
applicable to the inpatient treatment of mentally ill offenders
receiving treatment pursuant to Sections 1026, 1026.2, 1364, 1370,
1610, and 2684 of the Penal Code, Section 1756 of this code, persons
receiving treatment as mentally disordered sex offenders, and inmates
of jail psychiatric units.
SEC. 77. Section 4042 of the Welfare and Institutions Code is
amended to read:
4042. The State Department of State Hospitals shall cooperate and
coordinate with other state and local agencies engaged in research
and evaluation studies. Effort shall be made to coordinate with
research, evaluation, and demonstration efforts of local mental
health programs, state hospitals serving the mentally disordered, the
Department of Rehabilitation, the State Department of Alcohol and
Drug Programs, the State Department of Developmental Services, the
State Department of Health Care Services, universities, and other
special projects conducted or contracted for by the State Department
of State Hospitals.
SEC. 78. Section 4100.2 of the Welfare and Institutions Code is
amended to read:
4100.2. (a) Commencing January 10, 2009, and each year
thereafter, the State Department of Mental Health, or its successor,
the State Department of State Hospitals, shall provide the fiscal
committees of the Legislature with a fiscal estimate package for the
current year and budget year for the state hospitals by January 10
and at the time of the Governor's May Revision.
(b) At a minimum, the estimate package shall address patient
caseload by commitment category, non-level-of-care and level-of-care
staffing requirements, and operating expenses and equipment.
(c) In addition to subdivision (b), each estimate submitted shall
include all of the following:
(1) A statement articulating the assumptions and methodologies
used for calculating the patient caseload factors, all staffing
costs, and operating expenses and equipment.
(2) Where applicable, individual policy changes shall contain a
narrative and basis for its proposed and estimated costs.
(3) Fiscal bridge charts shall be included to provide the basis
for the year-to-year changes.
(d) The department may provide any additional information as
deemed appropriate to provide a comprehensive fiscal perspective to
the Legislature for analysis and deliberations for purposes of
appropriation.
SEC. 79. Section 4101 of the Welfare and Institutions Code is
amended to read:
4101. Except as otherwise specifically provided elsewhere in this
code, all of the institutions under the jurisdiction of the State
Department of State Hospitals shall be governed by uniform rule and
regulation of the State Department of State Hospitals and all of the
provisions of this chapter shall apply to the conduct and management
of those institutions.
SEC. 80. Section 4101.5 of the Welfare and Institutions Code is
amended to read:
4101.5. (a) Notwithstanding any other law, the State Department
of State Hospitals may contract with providers of health care
services and health care network providers, including, but not
limited to, health plans, preferred provider organizations, and other
health care network managers. Hospitals that do not contract with
the department for emergency health care services shall provide these
services to the department on the same basis as they are required to
provide these services pursuant to Section 489.24 of Title 42 of the
Code of Federal Regulations.
(b) The department may only reimburse a noncontract provider of
hospital or physician services at a rate equal to or less than the
amount payable under the Medicare Fee Schedule, regardless of whether
the hospital is located within or outside of California. An entity
that provides ambulance or any other emergency or nonemergency
response service to the department, and that does not contract with
the department for that service, shall be reimbursed for the service
at the rate payable under the Medicare Fee Schedule, regardless of
whether the provider is located within or outside of California.
(c) Until regulations or emergency regulations are adopted in
accordance with subdivision (g), the department shall not reimburse a
contract provider of hospital services at a rate that exceeds 130
percent of the amount payable under the Medicare Fee Schedule, a
contract provider of physician services at a rate that exceeds 110
percent of the amount payable under the Medicare Fee Schedule, or a
contract provider of ambulance services at a rate that exceeds 120
percent of the amount payable under the Medicare Fee Schedule. The
maximum rates established by this subdivision shall not apply to
reimbursement for administrative days, transplant services, services
provided pursuant to competitively bid contracts, or services
provided pursuant to a contract executed prior to September 1, 2009.
(d) The maximum rates set forth in this section shall not apply to
contracts entered into through the department's designated health
care network provider, if any. The rates for those contracts shall be
negotiated at the lowest rate possible under the circumstances.
(e) The department and its designated health care network provider
may enter into exclusive or nonexclusive contracts on a bid or
negotiated basis for hospital, physician, and ambulance services
contracts.
(f) The Director of State Hospitals may adopt regulations to
implement this section. The adoption, amendment, or repeal of a
regulation authorized by this section is hereby exempted from the
rulemaking provisions of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code).
(g) The Director of State Hospitals may change the maximum rates
set forth in this section by regulation or emergency regulation,
adopted in accordance with the Administrative Procedure Act, but no
sooner than 30 days after notification to the Joint Legislative
Budget Committee. Those changes may include, but are not limited to,
increasing or decreasing rates, or adding location-based
differentials such as those provided to small and rural hospitals as
defined in Section 124840 of the Health and Safety Code. The
adoption, amendment, repeal, or readoption of a regulation authorized
by this subdivision is deemed to address an emergency, for purposes
of Sections 11346.1 and 11349.6 of the Government Code, and the
director is hereby exempted for this purpose from the requirements of
subdivision (b) of Section 11346.1 of the Government Code.
(h) For persons who are transferred from the Department of
Corrections and Rehabilitation to, or are housed in, a state hospital
or psychiatric program under the jurisdiction of the State
Department of State Hospitals, and while these persons remain under
the jurisdiction of the Department of Corrections and Rehabilitation
as inmates or parolees, health care or emergency services provided
for these persons outside of a State Department of State Hospitals
state hospital or psychiatric program shall continue to be paid for
or reimbursed by the Department of Corrections and Rehabilitation in
accordance with Section 5023.5 of the Penal Code.
SEC. 81. Section 4104 of the Welfare and Institutions Code is
amended to read:
4104. All lands necessary for the use of the state hospitals
specified in Section 4100, except those acquired by gift, devise, or
purchase, shall be acquired by condemnation as lands for other public
uses are acquired.
The terms of every purchase shall be approved by the State
Department of State Hospitals. No public street or road for railway
or other purposes, except for hospital use, shall be opened through
the lands of any state hospital, unless the Legislature by special
enactment consents thereto.
SEC. 82. Section 4106 of the Welfare and Institutions Code is
amended to read:
4106. Notwithstanding the provisions of Section 4104, the
Director of General Services, with the consent of the State
Department of State Hospitals, may grant to the County of Napa a
right-of-way for public road purposes over the northerly portion of
the Napa State Hospital lands for the widening of Imola Avenue
between Penny Lane and Fourth Avenue, upon such terms and conditions
as the Director of General Services may deem for the best interests
of the state.
SEC. 83. Section 4107 of the Welfare and Institutions Code is
amended to read:
4107. (a) The security of patients committed pursuant to Section
1026 of, and Chapter 6 (commencing with Section 1367) of Title 10 of
Part 2 of, the Penal Code, and former Sections 6316 and 6321, at
Patton State Hospital shall be the responsibility of the Secretary of
the Department of Corrections and Rehabilitation.
(b) The Department of Corrections and Rehabilitation and the State
Department of Mental Health shall jointly develop a plan to transfer
all patients committed to Patton State Hospital pursuant to the
provisions in subdivision (a) from Patton State Hospital no later
than January 1, 1986, and shall transmit this plan to the Senate
Committee on Judiciary and to the Assembly Committee on Criminal
Justice, and to the Senate Health and Welfare Committee and Assembly
Health Committee by June 30, 1983. The plan shall address whether the
transferred patients shall be moved to other state hospitals or to
correctional facilities, or both, for commitment and treatment.
(c) Notwithstanding any other provision of law, the State
Department of State Hospitals shall house no more than 1,336 patients
at Patton State Hospital. However, until September 2020, up to 1,530
patients may be housed at the hospital.
(d) This section shall remain in effect only until all patients
committed, pursuant to the provisions enumerated in subdivision (a),
have been removed from Patton State Hospital and shall have no force
or effect on or after that date.
SEC. 84. Section 4107.1 of the Welfare and Institutions Code is
amended to read:
4107.1. Consistent with the authority of the State Department of
State Hospitals to maintain and operate state hospitals under its
jurisdiction, the State Department of State Hospitals shall provide
internal security for the patient population at Patton State
Hospital. The State Department of State Hospitals may employ hospital
police at Patton State Hospital for this purpose.
This section is not intended to increase or decrease the duties
and responsibilities of the Department of Corrections and
Rehabilitation at Patton State Hospital.
SEC. 85. Section 4109 of the Welfare and Institutions Code is
amended to read:
4109. The State Department of State Hospitals has general control
and direction of the property and concerns of each state hospital
specified in Section 4100. The department shall:
(a) Take care of the interests of the hospital, and see that its
purpose and its bylaws, rules, and regulations are carried into
effect, according to law.
(b) Establish such bylaws, rules, and regulations as it deems
necessary and expedient for regulating the duties of officers and
employees of the hospital, and for its internal government,
discipline, and management.
(c) Maintain an effective inspection of the hospital.
SEC. 86. Section 4109.5 of the Welfare and Institutions Code is
amended to read:
4109.5. (a) Whenever the department proposes the closure of a
state hospital, it shall submit as part of the Governor's proposed
budget to the Legislature a complete program, to be developed jointly
by the State Department of State Hospitals and the county in which
the state hospital is located, for absorbing as many of the staff of
the hospital into the local mental health programs as may be needed
by the county. Those programs shall include a redefinition of
occupational positions, if necessary, and a recognition by the
counties of licensed psychiatric technicians for treatment of the
mentally disordered, developmentally disabled, drug abusers, and
alcoholics.
(b) The Director of State Hospitals shall submit all plans for the
closure of state hospitals as a report with the department's budget.
This report shall include all of the following:
(1) The land and buildings affected.
(2) The number of patients affected.
(3) Alternative plans for patients presently in the facilities.
(4) Alternative plans for patients who would have been served by
the facility assuming it was not closed.
(5) A joint statement of the impact of the closure by the
department and affected local treatment programs.
(c) These plans may be submitted to the Legislature until April 1
of each budget year. Any plans submitted after that date shall not be
considered until the fiscal year following that in which it is being
considered.
(d) The plan shall not be placed into effect unless the
Legislature specifically approves the plan.
(e) This section shall not apply to the proposed closure of a
developmental center.
SEC. 87. Section 4110 of the Welfare and Institutions Code is
amended to read:
4110. The executive director shall provide detailed expenditure
estimates of all anticipated hospital expenditures, all supplies,
expenses, buildings, and improvements as required for the best
interests of the hospital, and for the improvement of the hospital
and of the grounds and buildings connected with the hospital. These
estimates shall be submitted to the State Department of State
Hospitals, which may revise them. The department shall certify that
it has carefully examined the estimates, and that the supplies,
expenses, buildings, and improvements contained in the estimates, as
approved by it, are required for the best interests of the hospital.
The department shall thereupon proceed to purchase the supplies, make
the expenditures, or conduct the improvements or buildings in
accordance with law.
SEC. 88. Section 4111 of the Welfare and Institutions Code is
amended to read:
4111. The state hospitals may manufacture supplies and materials
necessary or required to be used in any of the state hospitals which
can be economically manufactured therein. The necessary cost and
expense of providing for and conducting the manufacture of such
supplies and materials shall be paid in the same manner as other
expenses of the hospitals. No hospital shall enter into or engage in
manufacturing any supplies or materials unless permission for the
same is obtained from the State Department of State Hospitals. If, at
any time, it appears to the department that the manufacture of any
article is not being or cannot be economically carried on at a state
hospital, the department may suspend or stop the manufacture of the
article, and on receipt of a certified copy of the order directing
the suspension or stopping of its manufacture, by the medical
superintendent, the hospital shall cease from manufacturing the
article.
SEC. 89. Section 4112 of the Welfare and Institutions Code is
amended to read:
4112. (a) All money belonging to the state and received by state
hospitals from any source, except appropriations, shall, at the end
of each month, be deposited in the State Treasury, to the credit of
the General Fund. This section shall not apply to the funds known as
the industrial or amusement funds.
(b) There is hereby continuously appropriated from the General
Fund to the State Department of State Hospitals that amount which is
necessary to pay the premium, as specified in Section 7353, for
third-party health coverage for Medicare beneficiaries who are
patients at state hospitals under the jurisdiction of the State
Department of State Hospitals. It is the intent of the Legislature
that the General Fund expenditures authorized by this subdivision not
exceed the proceeds to be deposited in the General Fund from
Medicare payments to the State Department of State Hospitals in any
fiscal year.
SEC. 90. Section 4114 of the Welfare and Institutions Code is
amended to read:
4114. The executive director or other person in charge of a
hospital shall, within 10 days after the admission of any person to
the hospital, cause an abstract of the medical certificate and order
on which the person was received and a list of all property, books,
and papers of value found in the possession of or belonging to the
person to be forwarded to the office of the department, and when a
patient is discharged, transferred, or dies, the superintendent or
person in charge shall within three days thereafter, send the
information to the office of the department, in accordance with the
form prescribed by it.
SEC. 91. 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 State Hospitals 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) 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.
(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.
SEC. 92. Section 4118 of the Welfare and Institutions Code is
amended to read:
4118. The State Department of State Hospitals shall cooperate
with the United States Bureau of Immigration in arranging for the
deportation of all aliens who are confined in, admitted, or committed
to any state hospital.
SEC. 93. Section 4119 of the Welfare and Institutions Code is
amended to read:
4119. The State Department of State Hospitals shall investigate
and examine all nonresident persons residing in any state hospital
for the mentally disordered and shall cause these persons, when found
to be nonresidents as defined in this chapter, to be promptly and
humanely returned under proper supervision to the states in which
they have legal residence. The department may defer that action by
reason of a patient's medical condition.
Prior to returning the judicially committed nonresident to his or
her proper state of residency, the department shall do either of the
following:
(a) Obtain the written consent of the prosecuting attorney of the
committing county, the judicially committed nonresident person, and
the attorney of record for the judicially committed nonresident
person.
(b) In the department's discretion request a hearing in the
superior court of the committing county requesting a judicial
determination of the proposed transfer, notify the court that the
state of residence has agreed to the transfer, and file the
department's recommendation with a report explaining the reasons for
its recommendation.
The court shall give notice of such a hearing to the prosecuting
attorney, the judicially committed nonresident person, the attorney
of record for the judicially committed nonresident person and the
department, no less than 30 days before the hearing. At the hearing,
the prosecuting attorney and the judicially committed nonresident
person may present evidence bearing on the intended transfer. After
considering all evidence presented, the court shall determine whether
the intended transfer is in the best interest of and for the proper
protection of the nonresident person and the public. The court shall
use the same procedures and standard of proof as used in conducting
probation revocation hearings pursuant to Section 1203.2 of the Penal
Code.
For the purpose of facilitating the prompt and humane return of
such persons, the State Department of State Hospitals may enter into
reciprocal agreements with the proper boards, commissions, or
officers of other states or political subdivision thereof for the
mutual exchange or return of persons residing in any state hospital
for the mentally disordered in one state whose legal residence is in
the other, and it may in these reciprocal agreements vary the period
of residence as defined in this chapter to meet the requirements or
laws of the other states.
The department may give written permission for the return of any
resident of this state confined in a public institution in another
state, corresponding to any state hospital for the mentally
disordered of this state. When a resident is returned to this state
pursuant to this chapter, he or she may be admitted as a voluntary
patient to any institution of the department as designated by the
Director of State Hospitals. If he or she is mentally disordered and
is a danger to himself or herself or others, or he or she is gravely
disabled, he or she may be detained and given care and services
in accordance with the
provisions of Part 1 (commencing with Section 5000) of Division 5.
SEC. 94. Section 4122 of the Welfare and Institutions Code is
amended to read:
4122. The State Department of State Hospitals, when it deems it
necessary, may, under conditions prescribed by the director, transfer
any patients of a state institution under its jurisdiction to
another institution. Transfers of patients of state hospitals shall
be made in accordance with the provisions of Section 7300.
Transfer of a conservatee shall only be with the consent of the
conservator.
The expense of any transfer shall be paid from the moneys
available by law for the support of the department or for the support
of the institution from which the patient is transferred. Liability
for the care, support, and maintenance of a patient so transferred in
the institution to which he or she has been transferred shall be the
same as if he or she had originally been committed to the
institution. The State Department of State Hospitals shall present to
the county, not more frequently than monthly, a claim for the amount
due the state for care, support, and maintenance of any such
patients and which the county shall process and pay pursuant to the
provisions of Chapter 4 (commencing with Section 29700) of Division 3
of Title 3 of the Government Code.
SEC. 95. Section 4123 of the Welfare and Institutions Code is
amended to read:
4123. The Director of State Hospitals may authorize the transfer
of persons from any institution within the department to any
institution authorized by the federal government to receive the
person.
SEC. 96. Section 4124 of the Welfare and Institutions Code is
amended to read:
4124. The State Department of State Hospitals shall send to the
Department of Veterans Affairs whenever requested a list of all
persons who have been patients for six months or more in each state
institution within the jurisdiction of the State Department of State
Hospitals and who are known to have served in the Armed Forces of the
United States.
SEC. 97. Section 4126 of the Welfare and Institutions Code is
amended to read:
4126. Whenever any patient in any state institution subject to
the jurisdiction of the State Department of State Hospitals dies, and
any personal funds or property of the patient remains in the hands
of the superintendent thereof, and no demand is made upon the
superintendent by the owner of the funds or property or his or her
legally appointed representative all money and other personal
property of the decedent remaining in the custody or possession of
the superintendent thereof shall be held by him or her for a period
of one year from the date of death of the decedent, for the benefit
of the heirs, legatees, or successors in interest of the decedent.
Upon the expiration of the one-year period, any money remaining
unclaimed in the custody or possession of the superintendent shall be
delivered by him or her to the Treasurer for deposit in the
Unclaimed Property Fund under the provision of Article 1 (commencing
with Section 1440) of Chapter 6 of Title 10 of Part 3 of the Code of
Civil Procedure.
Upon the expiration of said one-year period, all personal property
and documents of the decedent, other than cash, remaining unclaimed
in the custody or possession of the superintendent, shall be disposed
of as follows:
(a) All deeds, contracts or assignments shall be filed by the
superintendent with the public administrator of the county of
commitment of the decedent;
(b) All other personal property shall be sold by the
superintendent at public auction, or upon a sealed-bid basis, and the
proceeds of the sale delivered by him or her to the Treasurer in the
same manner as is herein provided with respect to unclaimed money of
the decedent. If he or she deems it expedient to do so, the
superintendent may accumulate the property of several decedents and
sell the property in lots that he or she may determine, provided that
he or she makes a determination as to each decedent's share of the
proceeds;
(c) If any personal property of the decedent is not salable at
public auction, or upon a sealed-bid basis, or if it has no intrinsic
value, or if its value is not sufficient to justify the deposit of
such property in the State Treasury, the superintendent may order it
destroyed;
(d) All other unclaimed personal property of the decedent not
disposed of as provided in subdivision (a), (b), or (c), shall be
delivered by the superintendent to the Controller for deposit in the
State Treasury under the provisions of Article 1 (commencing with
Section 1440) of Chapter 6 of Title 10 of Part 3 of the Code of Civil
Procedure.
SEC. 98. Section 4127 of the Welfare and Institutions Code is
amended to read:
4127. (a) Whenever any patient in any state institution subject
to the jurisdiction of the State Department of State Hospitals
escapes, is discharged, or is on leave of absence from the
institution, and any personal funds or property of the patient
remains in the hands of the superintendent, and no demand is made
upon the superintendent by the owner of the funds or property or his
or her legally appointed representative, all money and other
intangible personal property of the patient, other than deeds,
contracts, or assignments, remaining in the custody or possession of
the superintendent shall be held by him or her for a period of seven
years from the date of the escape, discharge, or leave of absence,
for the benefit of the patient or his or her successors in interest.
Unclaimed personal funds or property of minors on leave of absence
may be exempted from this section during the period of their minority
and for a period of one year thereafter, at the discretion of the
Director of State Hospitals.
(b) Upon the expiration of the seven-year period, any money and
other intangible property, other than deeds, contracts, or
assignments, remaining unclaimed in the custody or possession of the
superintendent shall be subject to Chapter 7 (commencing with Section
1500) of Title 10 of Part 3 of the Code of Civil Procedure.
(c) Upon the expiration of one year from the date of the escape,
discharge, or parole, the following shall apply:
(1) All deeds, contracts, or assignments shall be filed by the
superintendent with the public administrator of the county of
commitment of the patient.
(2) All tangible personal property other than money, remaining
unclaimed in the superintendent's custody or possession, shall be
sold by the superintendent at public auction, or upon a sealed-bid
basis, and the proceeds of the sale shall be held by him or her
subject to Section 4125 of this code and Chapter 7 (commencing with
Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.
If the superintendent deems it expedient to do so, the superintendent
may accumulate the property of several patients and may sell the
property in lots that the superintendent determines, provided that
the superintendent makes a determination as to each patient's share
of the proceeds.
(d) If any tangible personal property covered by this section is
not salable at public auction or upon a sealed-bid basis, or if it
has no intrinsic value or its value is not sufficient to justify its
retention by the superintendent to be offered for sale at public
auction or upon a sealed-bid basis at a later date, the
superintendent may order it destroyed.
SEC. 99. Section 4133 of the Welfare and Institutions Code is
amended to read:
4133. All day hospitals and rehabilitation centers maintained by
the State Department of State Hospitals shall be subject to the
provisions of this code pertaining to the admission, transfer, and
discharge of patients at the state hospitals, except that all
admissions to those facilities shall be subject to the approval of
the chief officer thereof. Charges for services rendered to patients
at those facilities shall be determined pursuant to Section 4025. The
liability for the charges shall be governed by the provisions of
Article 4 (commencing with Section 7275) of Chapter 2 of Division 7,
except at the hospitals maintained by the State Department of
Developmental Services the liability shall be governed by the
provisions of Article 4 (commencing with Section 6715) of Chapter 3
of Part 2 of Division 6 and Chapter 3 (commencing with Section 7500)
of Division 7.
SEC. 100. Section 4134 of the Welfare and Institutions Code is
amended to read:
4134. The state mental hospitals under the jurisdiction of the
State Department of State Hospitals shall comply with the California
Food Sanitation Act, Article 1 (commencing with Section 111950) of
Chapter 4 of Part 6 of Division 104 of the Health and Safety Code.
The state mental hospitals under the jurisdiction of the State
Department of State Hospitals shall also comply with the California
Retail Food Code (Chapter 4 (commencing with Section 113700) of Part
7 of Division 104 of the Health and Safety Code).
Sanitation, health and hygiene standards that have been adopted by
a city, county, or city and county that are more strict than those
of the California Retail Food Code or the California Food Sanitation
Act shall not be applicable to state mental hospitals that are under
the jurisdiction of the State Department of State Hospitals.
SEC. 101. Section 4135 of the Welfare and Institutions Code is
amended to read:
4135. Any person committed to the State Department of State
Hospitals as a mentally abnormal sex offender shall remain a patient
committed to the department for the period specified in the court
order of commitment or until discharged by the medical director of
the state hospital in which the person is a patient, whichever occurs
first. The medical director may grant the patient a leave of absence
upon the terms and conditions as the medical director deems proper.
The petition for commitment of a person as a mentally abnormal sex
offender, the reports, the court orders, and other court documents
filed in the court in connection therewith shall not be open to
inspection by any other than the parties to the proceeding, the
attorneys for the party or parties, and the State Department of State
Hospitals, except upon the written authority of a judge of the
superior court of the county in which the proceedings were had.
Records of the supervision, care, and treatment given to each
person committed to the State Department of State Hospitals as a
mentally abnormal sex offender shall not be open to the inspection of
any person not in the employ of the department or of the state
hospital, except that a judge of the superior court may by order
permit examination of those records.
The charges for the care and treatment rendered to persons
committed as mentally abnormal sex offenders shall be in accordance
with the provisions of Article 4 (commencing with Section 7275) of
Chapter 3 of Division 7.
SEC. 102. Section 4137 of the Welfare and Institutions Code is
amended to read:
4137. Whenever a patient dies in a state mental hospital and the
coroner finds that the death was by accident or at the hands of
another person other than by accident, the State Department of State
Hospitals shall determine upon review of the coroner's investigation
if the death resulted from the negligence, recklessness, or
intentional act of a state employee. If it is determined that the
death directly resulted from the negligence, recklessness, or
intentional act of a state employee, the department shall immediately
notify the State Personnel Board and any appropriate licensing
agency and shall terminate the employment of the employee as provided
by law. In addition, if the state employee is a licensed mental
health professional, the appropriate licensing board shall inquire
into the circumstances of the death, examine the findings of the
coroner's investigation, and make a determination of whether the
mental health professional should have his or her license revoked or
suspended or be subject to other disciplinary action. "Licensed
mental health professional," as used in this section, means a person
licensed by any board, bureau, department, or agency pursuant to a
state law and employed in a state mental hospital.
SEC. 103. Section 4138 of the Welfare and Institutions Code is
amended to read:
4138. (a) Upon receiving a request from the director of a state
hospital listed in Section 4100, the Director of State Hospitals may
prohibit the possession or use of tobacco products on the grounds of
the requesting facility. The Director of State Hospitals shall
provide an implementation plan that shall include a phase-in period
for any of the state hospitals listed in Section 4100 that prohibits
the possession or use of tobacco products by patients or any other
persons on hospital grounds, except on the premises of residential
staff housing where patients are not present.
(b) This prohibition shall include an exemption for departmentally
approved religious ceremonies.
(c) As part of the implementation plan, the department shall
provide any requesting patient with a smoking cessation plan that may
include, at minimum, an individual medical treatment plan,
counseling, prescription drugs, or nicotine replacement, as
determined to be medically necessary and appropriate.
(d) Nothing in this section shall be construed to restrict the
outside activity time currently available to hospital patients.
(e) If an implementation plan is adopted pursuant to subdivision
(a), the store or canteen at any facility subject to the prohibition
shall not sell tobacco products.
SEC. 104. Section 4200 of the Welfare and Institutions Code is
amended to read:
4200. (a) Each state hospital under the jurisdiction of the State
Department of State Hospitals shall have a hospital advisory board
of eight members appointed by the Governor from a list of nominations
submitted to him or her by the boards of supervisors of counties
within each hospital's designated service area. If a state hospital
provides services for both the mentally disordered and the
developmentally disabled, there shall be a separate advisory board
for the program provided the mentally disordered and a separate board
for the program provided the developmentally disabled. To the extent
feasible, an advisory board serving a hospital for the mentally
disordered shall consist of one member who has been a patient in a
state mental hospital and two members shall be the parents, spouse,
siblings, or adult children of persons who are or have been patients
in a state mental hospital, three representatives of different
professional disciplines selected from primary user counties for
patients under Part 1 (commencing with Section 5000) of Division 5,
and two representatives of the general public who have demonstrated
an interest in services to the mentally disordered.
(b) Of the members first appointed after the operative date of the
amendments made to this section during the 1975-76 legislative
session, one shall be appointed for a term of two years, and one for
three years. Thereafter, each appointment shall be for the term of
three years, except that an appointment to fill a vacancy shall be
for the unexpired term only. No person shall be appointed to serve
more than a maximum of two terms as a member of the board.
(c) Notwithstanding any provision of this section, members serving
on the hospital advisory board on the operative date of the
amendments made to this section during the 1987-88 legislative
session, may continue to serve on the board until the expiration of
their term. The Legislature intends that changes in the composition
of the board required by these amendments apply to future vacancies
on the board.
SEC. 105. Section 4202 of the Welfare and Institutions Code is
amended to read:
4202. The advisory boards of the several state hospitals are
advisory to the State Department of State Hospitals and the
Legislature with power of visitation and advice with respect to the
conduct of the hospitals and coordination with community mental
health programs. The members of the boards shall serve without
compensation other than necessary expenses incurred in the
performance of duty. They shall organize and elect a chairman. They
shall meet at least once every three months and at such other times
as they are called by the chairman, by the medical director, by the
head of the department or a majority of the board. No expenses shall
be allowed except in connection with meetings so held.
SEC. 106. Section 4243 of the Welfare and Institutions Code is
amended to read:
4243. (a) All funds appropriated for the purposes of this chapter
shall be used to contract with an organization to establish a
statewide network of families who have mentally disordered family
members for the purpose of providing information, advice, support,
and other assistance to these families.
(b) A request for proposal shall be issued seeking applicants who
are capable of supplying the services specified in Section 4244. The
respondent organizations shall demonstrate that they:
(1) Focus their activities exclusively on the seriously mentally
disordered.
(2) Have experience in successfully working with state agencies,
including, but not limited to, the State Department of State
Hospitals.
(3) Have the ability to reach and involve the target population as
active members.
(4) Have proven experience providing structured self-help services
that benefit the target population.
(5) Have experience holding statewide and local conferences to
educate families and professionals regarding the needs of the
mentally disordered.
(6) Have the financial and organizational structure and experience
to manage the funds provided under the proposed contract.
SEC. 107. Section 4244 of the Welfare and Institutions Code is
amended to read:
4244. The Director of State Hospitals shall enter into a contract
with the successful bidder to provide services which shall include,
but not be necessarily limited to, all of the following:
(a) Production and statewide dissemination of information to
families regarding methods of obtaining and evaluating services
needed by mentally disordered family members.
(b) Provision of timely advice, counseling, and other supportive
services to assist families in coping with emotional stress and to
enable them to care for or otherwise assist mentally disordered
family members.
(c) Organizing family self-help services in local communities,
accessible to families throughout the state.
(d) Conducting training programs for mental health practitioners
and college and university students to inform current and future
mental health professionals of the needs of families and methods of
utilizing family resources to assist mentally disordered clients.
SEC. 108. Section 4245 of the Welfare and Institutions Code is
amended to read:
4245. Contracts entered in pursuant to this chapter shall:
(a) Have an annual contract period from July 1 through June 30 of
each fiscal year unless the Director of State Hospitals or the
contractor terminates the contract earlier.
(b) Require an annual report by the contractor accounting for all
expenditures and program accomplishments.
SEC. 109. Section 4301 of the Welfare and Institutions Code is
amended to read:
4301. (a) The Director of State Hospitals shall appoint and
define the duties, subject to the laws governing civil service, of
the clinical director and the hospital administrator for each state
hospital. The director shall appoint either the clinical director or
the hospital administrator to be the hospital director.
(b) Director of State Hospitals shall appoint a program director
for each program at a state hospital.
SEC. 110. Section 4302 of the Welfare and Institutions Code is
amended to read:
4302. The Director of State Hospitals shall have the final
authority for determining all other employee needs after
consideration of program requests from the various hospitals.
SEC. 111. Section 4319 of the Welfare and Institutions Code is
amended to read:
4319. To ensure a continuous level of competency for all state
hospital treatment personnel under the jurisdiction of the State
Department of State Hospitals, the department shall provide adequate
in-service training programs for such state hospital treatment
personnel.
SEC. 112. Section 4320 of the Welfare and Institutions Code is
amended to read:
4320. To ensure an adequate supply of licensed psychiatric
technicians for state hospitals for the mentally disordered, the
State Department of State Hospitals, to the extent necessary, shall
establish in state hospitals for the mentally disordered a course of
study and training equivalent, as determined by the Board of
Vocational Nursing and Psychiatric Technicians of the State of
California, to the minimum requirements of an accredited program for
psychiatric technicians in the state. No unlicensed psychiatric
technician trainee shall be permitted to perform the duties of a
licensed psychiatric technician as provided by Section 4502 of the
Business and Professions Code unless the trainee performs the duties
pursuant to a plan of supervision approved by the Board of Vocational
Nursing and Psychiatric Technicians of the State of California as
part of the equivalency trainee program. This section shall not be
construed to reduce the effort presently expended by the community
college system or private colleges in training psychiatric
technicians.
SEC. 113. Section 4330 of the Welfare and Institutions Code is
amended to read:
4330. The State Department of Mental Health, or its successor,
the State Department of State Hospitals, shall be reimbursed for use
of state hospital beds by counties pursuant to Part 1 (commencing
with Section 5000) of Division 5 as follows:
(a) (1) For the 1991-92 fiscal year, the department shall receive
reimbursement in accordance with subdivision (b) of Section 17601.
This total may be adjusted to reflect any and all amounts previously
unallocated or held in reserve for use by small counties and any
adjustments made pursuant to Chapter 1341 of the Statutes of 1990.
(2) It is the intent of the Legislature to encourage and allow
greater flexibility with respect to resources during the first
transitional year, and, to this end, the Director of Mental Health,
or his or her successor, the Director of State Hospitals, may
implement proposals for purchase in or purchase out of, state
hospital beds which were proposed in accordance with Chapter 1341 of
the Statutes of 1990.
(3) Funds and bed days historically allocated to small counties
shall be allocated to counties with no allocation.
(b) Each fiscal year, the State Department of Mental Health, or
its successor, the State Department of State Hospitals, shall be
reimbursed in accordance with the contracts entered into pursuant to
Section 4331.
(c) The rate of reimbursement which shall apply each fiscal year
shall be determined by the State Department of Mental Health, or its
successor, the State Department of State Hospitals, and shall include
all actual costs determined by hospital and by type of service
provided. Any costs resulting from overexpenditure in the previous
year shall be clearly separated from actual costs projected for the
contract year and identified as a part of the rate negotiation. Costs
shall not include costs incurred for capital outlay relating to
existing facilities or capacity, which shall remain the
responsibility of the state. Costs for capital outlay related to
future expansions or construction of new facilities requested by any
county or cost related to innovative arrangements under Section 4355
shall be a cost to the county unless the expansion, construction or
innovative arrangements are determined to be of statewide benefit.
Pursuant to Section 11343 of the Government Code, the rate of
reimbursement shall not be subject to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
(d) After final determination of state hospital costs for patients
covered under Part 1 (commencing with Section 5000) of Division 5,
funds that remain unencumbered at the close of the fiscal year shall
be made available to counties that used fewer state hospital beds
than their contracted number, proportional to the contracted amount
not used, but this amount shall not exceed the value of the unused
contracted amount. These funds shall be used for mental health
purposes.
SEC. 114. Section 4331 of the Welfare and Institutions Code is
amended to read:
4331. (a) No later than July 1, 1992, and in each subsequent
year, each county acting singly or in combination with other counties
shall contract with the State Department of Mental Health, or its
successor, the State Department of State Hospitals, for the number
and types of state hospital beds that the department will make
available to the county or counties during the fiscal year. Each
county contract shall be subject to the provisions of this chapter,
as well as other applicable provisions of law, but shall not be
subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code, the State
Administrative Manual, or the Public Contract Code and shall not be
subject to review and approval by the Department of General Services.
(b) (1) No later than January 1, 1992, each county acting singly
or in combination with other counties, shall notify the State
Department of Mental Health in writing as to the number and type of
state hospital beds the county or counties will contract for with the
state in the 1992-93 fiscal year.
(2) No later than July 1, 1992, and no later than July 1 of each
subsequent year, each county acting singly or in combination with
other counties shall give the State Department of Mental Health, or
its successor, the State Department of State Hospitals, preliminary
written notification of the number and types of state hospital beds
that the county or counties will contract for with the state during
the subsequent fiscal year. Counties may include in their
notification a request for additional beds beyond their previous year'
s contract.
(3) No later than January 1, 1993, and no later than January 1 of
each subsequent year, each county acting singly or in combination
with other counties shall give the State Department of Mental Health,
or its successor, the State Department of State Hospitals, final
written notifications of the number and types of state hospital beds
that the county or counties will contract for with the state during
the subsequent fiscal year. These notifications shall not preclude
subsequent changes agreed to by both the state and
the county in the contract negotiation
process.
(4) The State Department of Mental Health, or its successor, the
State Department of State Hospitals, shall provide counties with
preliminary cost and utilization information based on the best data
possible, 60 days in advance of the preliminary notification
deadline, and a proposed final cost estimate, based on the best data
possible, 60 days in advance of the final deadline. Final rates shall
be subject to contract agreement.
(c) There shall be no increase in the number of beds provided to a
county or group of counties during a fiscal year unless the contract
between the State Department of Mental Health, or its successor, the
State Department of State Hospitals, and that county or group of
counties is amended by mutual agreement. Any significant change in
services requested by a county shall require amendment of the
contract.
(d) If a county or group of counties has not contracted with the
State Department of Mental Health, or its successor, the State
Department of State Hospitals, by July 1 of any given year, the
number of beds to be provided that fiscal year shall be the same as
the number provided the previous fiscal year, unless the department
and a county have formally agreed otherwise, and the rate of
reimbursement that shall be paid to the department shall be at the
amount set by the department for the fiscal year commencing July 1 of
that year. The department shall provide a mechanism for formal
agreement of bed levels no later than June 15 of each year. However,
after July 1 the department and a county or group of counties may
enter into a contract pursuant to this chapter and the contract shall
govern the number of state hospital beds and rates of reimbursement
for the fiscal year commencing July 1 of that year.
SEC. 115. Section 4332 of the Welfare and Institutions Code is
amended to read:
4332. (a) Contracts entered into pursuant to Section 4331 shall
do all of the following:
(1) Specify the number of beds to be provided.
(2) Specify the rate or rates of reimbursement.
(3) Set forth the specific type of services requested by the
county, in detail.
(4) Specify procedures for admission and discharge.
(5) Include any other pertinent terms as agreed to by the
department and the county.
(b) The department shall consult, in advance, with the counties
regarding any changes in state hospital facilities or operations
which would significantly impact access to care or quality of care,
or significantly increase costs.
(c) The department shall make available to counties upon request
the basis upon which its rates have been set, including any indirect
cost allocation formulas.
SEC. 116. Section 4333 of the Welfare and Institutions Code is
amended to read:
4333. (a) In the event a county or counties elect to reduce their
state hospital resources, beginning July 1, 1992, systemwide state
hospital net bed reduction in any one year may not exceed 10 percent
of the total for patients under Part 1 (commencing with Section 5000)
of Division 5 in the prior year without the specific approval of the
Director of State Hospitals.
(b) Net bed reductions at any one hospital may not exceed 10
percent of its contracted beds without specific approval of the
Director of State Hospitals.
(c) If the proposed reduction in any year exceeds the maximum
permitted amount, the department, with the assistance of counties,
shall make every effort to contract for beds with other purchasers.
(d) If total county requests for bed reduction in any one year or
at any one facility still exceed the amount of reduction allowed,
each county's share of the reduction shall be determined by taking
the ratio of its contracted beds to the total contracted and
multiplying this by the total beds permitted to be reduced.
(e) (1) Small counties shall be exempted from the limitations of
this section and shall have the amount of their reduction determined
by the Director of State Hospitals.
(2) For purposes of this chapter, "small counties" means counties
with a population of 125,000 or less based on the most recent
available estimates of population data determined by the Population
Research Unit of the Department of Finance.
(f) It is the intent of the Legislature that counties have maximum
flexibility in planning the use of these resources, which includes
making full use of existing facilities and that the Director of State
Hospitals enforce his or her exemption authority in a manner
consistent with this intent. Because freed-up beds may be purchased
by other counties or may be used for other purposes, it is
anticipated that individual county flexibility will be substantially
greater than the 10-percent figure described in subdivisions (a) and
(b).
(g) Counties may annually contract for state hospital beds as
single entities or in combination with other counties. For purposes
of this section, small counties, as defined in subdivision (e):
(1) Are encouraged to establish regional authorities to pool their
resources to assure their ability to provide the necessary array of
services to their mentally ill populations not otherwise available to
them on an individual basis.
(2) May receive loans from the General Fund when emergency state
hospital beds are needed, not to exceed one year in duration, with
interest payable at the same rate as that earned through the Pooled
Money Investment Fund. Any interest due may be waived based upon a
finding of emergency by the Secretary of California Health and Human
Services and the Director of Finance.
SEC. 117. Section 4333.5 of the Welfare and Institutions Code is
amended to read:
4333.5. (a) The State Department of State Hospitals shall
encourage the counties to use state hospital facilities, in addition
to utilizing state hospital beds pursuant to contract, for additional
treatment programs through contracts, on either an individual county
or regional basis.
(b) For purposes of contracts entered into through encouragement
provided by the department pursuant to subdivision (a), costs shall
be based on the actual costs to the state, and shall be prorated on
an annual lease basis.
SEC. 118. Section 4334 of the Welfare and Institutions Code is
amended to read:
4334. The State Department of State Hospitals, in collaboration
with counties, shall do all of the following:
(a) Prepare and publish a catalogue of available state hospital
services. The catalogue shall be updated annually.
(b) Develop a process by which a county or group of counties
constituting the primary user of a particular hospital may, upon
their request individually, or through selected representatives,
participate in long-range planning and program development to ensure
the provision of appropriate services.
(c) Ensure direct county involvement in admission to, and
discharge from, beds contracted for patients under Part 1 (commencing
with Section 5000) of Division 5.
SEC. 119. Section 4335 of the Welfare and Institutions Code is
amended to read:
4335. Nothing in this chapter is intended to prevent the
department from entering into innovative arrangements with counties
for delivery of state hospital services. The Director of State
Hospitals may contract with a county, or group of counties, for
excess state hospital space for purposes of staffing and operating
their own program.
SEC. 120. Section 4341.5 of the Welfare and Institutions Code is
amended to read:
4341.5. In order to ensure an adequate number of qualified
psychiatrists and psychologists with forensic skills, the State
Department of State Hospitals shall, to the extent resources are
available, plan with the University of California, private
universities, and the California Postsecondary Education Commission,
for the development of programs for the training of psychiatrists and
psychologists with forensic skills, and recommend appropriate
incentive measures, such as state scholarships.
SEC. 121. Section 4360 of the Welfare and Institutions Code is
amended to read:
4360. (a) The State Department of State Hospitals 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 State Department of State Hospitals 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 State Department of
State Hospitals, 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 a local law enforcement agency 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.
SEC. 122. Section 4440.1 of the Welfare and Institutions Code is
amended to read:
4440.1. The department may contract with the State Department of
State Hospitals to provide services to persons with developmental
disabilities in state hospitals under the jurisdiction of the State
Department of State Hospitals.
SEC. 123. Section 5008 of the Welfare and Institutions Code is
amended to read:
5008. Unless the context otherwise requires, the following
definitions shall govern the construction of this part:
(a) "Evaluation" consists of multidisciplinary professional
analyses of a person's medical, psychological, educational, social,
financial, and legal conditions as may appear to constitute a
problem. Persons providing evaluation services shall be properly
qualified professionals and may be full-time employees of an agency
providing evaluation services or may be part-time employees or may be
employed on a contractual basis.
(b) "Court-ordered evaluation" means an evaluation ordered by a
superior court pursuant to Article 2 (commencing with Section 5200)
or by a court pursuant to Article 3 (commencing with Section 5225) of
Chapter 2.
(c) "Intensive treatment" consists of such hospital and other
services as may be indicated. Intensive treatment shall be provided
by properly qualified professionals and carried out in facilities
qualifying for reimbursement under the California Medical Assistance
Program (Medi-Cal) set forth in Chapter 7 (commencing with Section
14000) of Part 3 of Division 9, or under Title XVIII of the federal
Social Security Act and regulations thereunder. Intensive treatment
may be provided in hospitals of the United States government by
properly qualified professionals. Nothing in this part shall be
construed to prohibit an intensive treatment facility from also
providing 72-hour treatment and evaluation.
(d) "Referral" is referral of persons by each agency or facility
providing intensive treatment or evaluation services to other
agencies or individuals. The purpose of referral shall be to provide
for continuity of care, and may include, but need not be limited to,
informing the person of available services, making appointments on
the person's behalf, discussing the person's problem with the agency
or individual to which the person has been referred, appraising the
outcome of referrals, and arranging for personal escort and
transportation when necessary. Referral shall be considered complete
when the agency or individual to whom the person has been referred
accepts responsibility for providing the necessary services. All
persons shall be advised of available precare services which prevent
initial recourse to hospital treatment or aftercare services which
support adjustment to community living following hospital treatment.
These services may be provided through county welfare departments,
State Department of State Hospitals, Short-Doyle programs or other
local agencies.
Each agency or facility providing evaluation services shall
maintain a current and comprehensive file of all community services,
both public and private. These files shall contain current agreements
with agencies or individuals accepting referrals, as well as
appraisals of the results of past referrals.
(e) "Crisis intervention" consists of an interview or series of
interviews within a brief period of time, conducted by qualified
professionals, and designed to alleviate personal or family
situations which present a serious and imminent threat to the health
or stability of the person or the family. The interview or interviews
may be conducted in the home of the person or family, or on an
inpatient or outpatient basis with such therapy, or other services,
as may be appropriate. Crisis intervention may, as appropriate,
include suicide prevention, psychiatric, welfare, psychological,
legal, or other social services.
(f) "Prepetition screening" is a screening of all petitions for
court-ordered evaluation as provided in Article 2 (commencing with
Section 5200) of Chapter 2, consisting of a professional review of
all petitions; an interview with the petitioner and, whenever
possible, the person alleged, as a result of mental disorder, to be a
danger to others, or to himself or herself, or to be gravely
disabled, to assess the problem and explain the petition; when
indicated, efforts to persuade the person to receive, on a voluntary
basis, comprehensive evaluation, crisis intervention, referral, and
other services specified in this part.
(g) "Conservatorship investigation" means investigation by an
agency appointed or designated by the governing body of cases in
which conservatorship is recommended pursuant to Chapter 3
(commencing with Section 5350).
(h) (1) For purposes of Article 1 (commencing with Section 5150),
Article 2 (commencing with Section 5200), and Article 4 (commencing
with Section 5250) of Chapter 2, and for the purposes of Chapter 3
(commencing with Section 5350), "gravely disabled" means either of
the following:
(A) A condition in which a person, as a result of a mental
disorder, is unable to provide for his or her basic personal needs
for food, clothing, or shelter.
(B) A condition in which a person, has been found mentally
incompetent under Section 1370 of the Penal Code and all of the
following facts exist:
(i) The indictment or information pending against the defendant at
the time of commitment charges a felony involving death, great
bodily harm, or a serious threat to the physical well-being of
another person.
(ii) The indictment or information has not been dismissed.
(iii) As a result of mental disorder, the person is unable to
understand the nature and purpose of the proceedings taken against
him or her and to assist counsel in the conduct of his or her defense
in a rational manner.
(2) For purposes of Article 3 (commencing with Section 5225) and
Article 4 (commencing with Section 5250), of Chapter 2, and for the
purposes of Chapter 3 (commencing with Section 5350), "gravely
disabled" means a condition in which a person, as a result of
impairment by chronic alcoholism, is unable to provide for his or her
basic personal needs for food, clothing, or shelter.
(3) The term "gravely disabled" does not include mentally retarded
persons by reason of being mentally retarded alone.
(i) "Peace officer" means a duly sworn peace officer as that term
is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 of the Penal Code who has completed the basic training course
established by the Commission on Peace Officer Standards and
Training, or any parole officer or probation officer specified in
Section 830.5 of the Penal Code when acting in relation to cases for
which he or she has a legally mandated responsibility.
(j) "Postcertification treatment" means an additional period of
treatment pursuant to Article 6 (commencing with Section 5300) of
Chapter 2.
(k) "Court," unless otherwise specified, means a court of record.
( l ) "Antipsychotic medication" means any medication
customarily prescribed for the treatment of symptoms of psychoses and
other severe mental and emotional disorders.
(m) "Emergency" means a situation in which action to impose
treatment over the person's objection is immediately necessary for
the preservation of life or the prevention of serious bodily harm to
the patient or others, and it is impracticable to first gain consent.
It is not necessary for harm to take place or become unavoidable
prior to treatment.
SEC. 124. Section 5008.1 of the Welfare and Institutions Code is
amended to read:
5008.1. As used in this division and in Division 4 (commencing
with Section 4000), Division 4.1 (commencing with Section 4400),
Division 6 (commencing with Section 6000), Division 7 (commencing
with Section 7100), and Division 8 (commencing with Section 8000),
the term "judicially committed" means all of the following:
(a) Persons who are mentally disordered sex offenders placed in a
state hospital or institutional unit for observation or committed to
the State Department of State Hospitals pursuant to Article 1
(commencing with Section 6300) of Chapter 2 of Part 2 of Division 6.
(b) Developmentally disabled persons who are admitted to a state
hospital upon application or who are committed to the State
Department of Developmental Services by court order pursuant to
Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of
Division 6.
(c) Persons committed to the State Department of State Hospitals
or a state hospital pursuant to the Penal Code.
SEC. 125. Section 5306.5 of the Welfare and Institutions Code is
amended to read:
5306.5. (a) If at any time during the outpatient period, the
outpatient treatment supervisor is of the opinion that the person
receiving treatment requires extended inpatient treatment or refuses
to accept further outpatient treatment and supervision, the county
mental health director shall notify the superior court in either the
county which approved outpatient status or in the county where
outpatient treatment is being provided of such opinion by means of a
written request for revocation of outpatient status. The county
mental health director shall furnish a copy of this request to the
counsel of the person named in the request for revocation and to the
public officer, pursuant to Section 5114, in both counties if the
request is made in the county of treatment, rather than the county of
commitment.
(b) Within 15 judicial days, the court where the request was
filed shall hold a hearing and shall either approve or disapprove the
request for revocation of outpatient status. If the court approves
the request for revocation, the court shall order that the person be
confined in a state hospital or other treatment facility approved by
the county mental health director. The court shall transmit a copy of
its order to the county mental health director or a designee and to
the Director of State Hospitals. Where the county of treatment and
the county of commitment differ and revocation occurs in the county
of treatment, the court shall enter the name of the committing county
and its case number on the order of revocation and shall send a copy
of the order to the committing court and the public officer,
pursuant to Section 5114, and counsel of the person named in the
request for revocation in the county of commitment.
SEC. 126. Section 5328.35 of the Welfare and Institutions Code is
repealed.
SEC. 127. Section 5328.8 of the Welfare and Institutions Code is
amended to read:
5328.8. The State Department of State Hospitals, the physician in
charge of the patient, or the professional person in charge of the
facility or his or her designee, shall, except as otherwise provided
in this section, release information obtained in the course of
providing services under Division 5 (commencing with Section 5000),
Division 6 (commencing with Section 6000), or Division 7 (commencing
with Section 7100), to the coroner when a patient dies from any
cause, natural or otherwise, while hospitalized in a state mental
hospital. The State Department of State Hospitals, the physician in
charge of the patient, or the professional person in charge of the
facility or his or her designee, shall not release any notes,
summaries, transcripts, tapes, or records of conversations between
the patient and health professional personnel of the hospital
relating to the personal life of the patient which is not related to
the diagnosis and treatment of the patient's physical condition. Any
information released to the coroner pursuant to this section shall
remain confidential and shall be sealed and shall not be made part of
the public record.
SEC. 128. Section 5331 of the Welfare and Institutions Code is
amended to read:
5331. No person may be presumed to be incompetent because he or
she has been evaluated or treated for mental disorder or chronic
alcoholism, regardless of whether such evaluation or treatment was
voluntarily or involuntarily received. Any person who leaves a public
or private mental health facility following evaluation or treatment
for mental disorder or chronic alcoholism, regardless of whether that
evaluation or treatment was voluntarily or involuntarily received,
shall be given a statement of California law as stated in this
paragraph.
Any person who has been, or is, discharged from a state hospital
and received voluntary or involuntary treatment under former
provisions of this code relating to inebriates or the mentally ill
shall, upon request to the state hospital executive director or the
State Department of State Hospitals, be given a statement of
California law as stated in this section unless the person is found
to be incompetent under proceedings for conservatorship or
guardianship.
SEC. 129. Section 5333 of the Welfare and Institutions Code is
amended to read:
5333. (a) Persons subject to capacity hearings pursuant to
Section 5332 shall have a right to representation by an advocate or
legal counsel. "Advocate," as used in this section, means a person
who is providing mandated patients' rights advocacy services pursuant
to Chapter 6.2 (commencing with Section 5500), and this chapter. If
the State Department of State Hospitals provides training to patients'
rights advocates, that training shall include issues specific to
capacity hearings.
(b) Petitions for capacity hearings pursuant to Section 5332 shall
be filed with the superior court. The director of the treatment
facility or his or her designee shall personally deliver a copy of
the notice of the filing of the petition for a capacity hearing to
the person who is the subject of the petition.
(c) The mental health professional delivering the copy of the
notice of the filing of the petition to the court for a capacity
hearing shall, at the time of delivery, inform the person of his or
her legal right to a capacity hearing, including the right to the
assistance of the patients' rights advocate or an attorney to prepare
for the hearing and to answer any questions or concerns.
(d) As soon after the filing of the petition for a capacity
hearing is practicable, an attorney or a patients' rights advocate
shall meet with the person to discuss the capacity hearing process
and to assist the person in preparing for the capacity hearing and to
answer questions or to otherwise assist the person, as is
appropriate.
SEC. 130. Section 5352.5 of the Welfare and Institutions Code is
amended to read:
5352.5. Conservatorship proceedings may be initiated for any
person committed to a state hospital or local mental health facility
or placed on outpatient treatment pursuant to Section 1026 or 1370 of
the Penal Code or transferred pursuant to Section 4011.6 of the
Penal Code upon recommendation of the medical director of the state
hospital, or a designee, or professional person in charge of the
local mental health facility, or a designee, or the local mental
health director, or a designee, to the conservatorship investigator
of the county of residence of the person prior to his or her
admission to the hospital or facility or of the county in which the
hospital or facility is located. The initiation of conservatorship
proceedings or the existence of a conservatorship shall not affect
any pending criminal proceedings.
Subject to the provisions of Sections 5150 and 5250,
conservatorship proceedings may be initiated for any person convicted
of a felony who has been transferred to a state hospital under the
jurisdiction of the State Department of State Hospitals pursuant to
Section 2684 of the Penal Code by the recommendation of the medical
director of the state hospital to the conservatorship investigator of
the county of residence of the person or of the county in which the
state hospital is located.
Subject to the provisions of Sections 5150 and 5250,
conservatorship proceedings may be initiated for any person committed
to the Department of Corrections and Rehabilitation, Division of
Juvenile Justice, or on parole from a facility of the Department of
Corrections and Rehabilitation, Division of Juvenile Justice, by the
Chief Deputy Secretary for Juvenile Justice or a designee, to the
conservatorship investigator of the county of residence of the person
or of the county in which the facility is situated.
The county mental health program providing conservatorship
investigation services and conservatorship case management services
for any persons except those transferred pursuant to Section 4011.6
of the Penal Code shall be reimbursed for the expenditures made by it
for the services pursuant to the Short-Doyle Act (commencing with
Section 5600) at 100 percent of the expenditures. Each county
Short-Doyle plan shall include provision for the services in the
plan.
SEC. 131. Section 5355 of the Welfare and Institutions Code is
amended to read:
5355. If the conservatorship investigation results in a
recommendation for conservatorship, the recommendation shall
designate the most suitable person, corporation, state or local
agency or county officer, or employee designated by the county to
serve as conservator. No person, corporation, or agency shall be
designated as conservator whose interests, activities, obligations
or responsibilities
are such as to compromise his or her or their ability to represent
and safeguard the interests of the conservatee. Nothing in this
section shall be construed to prevent the State Department of State
Hospitals from serving as guardian pursuant to Section 7284, or the
function of the conservatorship investigator and conservator being
exercised by the same public officer or employee.
When a public guardian is appointed conservator, his or her
official bond and oath as public guardian are in lieu of the
conservator's bond and oath on the grant of letters of
conservatorship. No bond shall be required of any other public
officer or employee appointed to serve as conservator.
SEC. 132. Section 5366 of the Welfare and Institutions Code is
amended to read:
5366. On or before June 30, 1970, the medical director of each
state hospital for the mentally disordered shall compile a roster of
those mentally disordered or chronic alcoholic patients within the
institution who are gravely disabled. The roster shall indicate the
county from which each such patient was admitted to the hospital or,
if the hospital records indicate that the county of residence of the
patient is a different county, the county of residence. The officer
providing conservatorship investigation for each county shall be
given a copy of the names and pertinent records of the patients from
that county and shall investigate the need for conservatorship for
those patients as provided in this chapter. After his or her
investigation and on or before July 1, 1972, the county officer
providing conservatorship shall file a petition of conservatorship
for those patients that he or she determines may need
conservatorship. Court commitments under the provisions of law in
effect prior to July 1, 1969, of those patients for whom a petition
of conservatorship is not filed shall terminate and the patient shall
be released unless he or she agrees to accept treatment on a
voluntary basis.
Each state hospital and the State Department of State Hospitals
shall make their records concerning those patients available to the
officer providing conservatorship investigation.
SEC. 133. Section 5402.2 of the Welfare and Institutions Code is
amended to read:
5402.2. The Director of State Hospitals shall develop a master
plan for the utilization of state hospital facilities identifying
levels of care. The level of care shall be either general acute care,
skilled nursing care, subacute, intermediate care, or residential
care.
SEC. 134. Section 5511 of the Welfare and Institutions Code is
amended to read:
5511. The Director of State Hospitals or the executive director
of each state hospital serving mentally disordered persons may
contract with independent persons or agencies to perform patients'
rights advocacy services in state hospitals.
SEC. 135. Section 5587 of the Welfare and Institutions Code is
repealed.
SEC. 136. Section 5701.2 of the Welfare and Institutions Code is
amended to read:
5701.2. (a) The State Department of Mental Health, or its
successor, the State Department of State Hospitals, shall maintain
records of any transfer of funds or state hospital beds made pursuant
to Chapter 1341 of the Statutes of 1991.
(b) Commencing with the 1991-92 fiscal year, the State Department
of Mental Health, or its successor, the State Department of State
Hospitals, shall maintain records that set forth that portion of each
county's allocation of state mental health moneys that represent the
dollar equivalent attributed to each county's state hospital beds or
bed days, or both, that were allocated as of May 1, 1991. The State
Department of Mental Health, or its successor, the State Department
of State Hospitals, shall provide a written summary of these records
to the appropriate committees of the Legislature and the California
Mental Health Directors Association within 30 days after the
enactment of the annual Budget Act.
(c) Nothing in this section is intended to change the counties'
base allocations as provided in subdivisions (a) and (b) of Section
17601.
SEC. 137. Section 6000 of the Welfare and Institutions Code is
amended to read:
6000. Pursuant to applicable rules and regulations established by
the State Department of State Hospitals or the State Department of
Developmental Services, the medical director of a state hospital for
the mentally disordered or developmentally disabled may receive in
the hospital, as a boarder and patient, any person who is a suitable
person for care and treatment in the hospital, upon receipt of a
written application for the admission of the person into the hospital
for care and treatment made in accordance with the following
requirements:
(a) In the case of an adult person, the application shall be made
voluntarily by the person, at a time when he or she is in such
condition of mind as to render him or her competent to make it or, if
he or she is a conservatee with a conservator of the person or
person and estate who was appointed under Chapter 3 (commencing with
Section 5350) of Part 1 of Division 5 with the right as specified by
court order under Section 5358 to place his or her conservatee in a
state hospital, by his or her conservator.
(b) In the case of a minor person, the application shall be made
by his or her parents, or by the parent, guardian, conservator, or
other person entitled to his or her custody to any mental hospitals
as may be designated by the Director of State Hospitals or the
Director of Developmental Services to admit minors on voluntary
applications. If the minor has a conservator of the person, or the
person and the estate, appointed under Chapter 3 (commencing with
Section 5350) of Part 1 of Division 5, with the right as specified by
court order under Section 5358 to place the conservatee in a state
hospital the application for the minor shall be made by his or her
conservator.
Any person received in a state hospital shall be deemed a
voluntary patient.
Upon the admission of a voluntary patient to a state hospital the
medical director shall immediately forward to the office of the State
Department of State Hospitals or the State Department of
Developmental Services the record of the voluntary patient, showing
the name, residence, age, sex, place of birth, occupation, civil
condition, date of admission of the patient to the hospital, and such
other information as is required by the rules and regulations of the
department.
The charges for the care and keeping of a mentally disordered
person in a state hospital shall be governed by the provisions of
Article 4 (commencing with Section 7275) of Chapter 3 of Division 7
relating to the charges for the care and keeping of mentally
disordered persons in state hospitals.
A voluntary adult patient may leave the hospital or institution at
any time by giving notice of his or her desire to leave to any
member of the hospital staff and completing normal hospitalization
departure procedures. A conservatee may leave in a like manner if
notice is given by his or her conservator.
A minor person who is a voluntary patient may leave the hospital
or institution after completing normal hospitalization departure
procedures after notice is given to the superintendent or person in
charge by the parents, or the parent, guardian, conservator, or other
person entitled to the custody of the minor, of their desire to
remove him or her from the hospital.
No person received into a state hospital, private mental
institution, or county psychiatric hospital as a voluntary patient
during his or her minority shall be detained therein after he or she
reaches the age of majority, but any person, after attaining the age
of majority, may apply for admission into the hospital or institution
for care and treatment in the manner prescribed in this section for
applications by adult persons.
The State Department of State Hospitals or the State Department of
Developmental Services shall establish such rules and regulations as
are necessary to carry out properly the provisions of this section.
SEC. 138. Section 6600.05 of the Welfare and Institutions Code is
amended to read:
6600.05. (a) Coalinga State Hospital shall be used whenever a
person is committed to a secure facility for mental health treatment
pursuant to this article and is placed in a state hospital under the
direction of the State Department of State Hospitals unless there are
unique circumstances that would preclude the placement of a person
at that facility. If a state hospital is not used, the facility to be
used shall be located on a site or sites determined by the Secretary
of the Department of Corrections and Rehabilitation and the Director
of State Hospitals. In no case shall a person committed to a secure
facility for mental health treatment pursuant to this article be
placed at Metropolitan State Hospital or Napa State Hospital.
(b) The State Department of State Hospitals shall be responsible
for operation of the facility, including the provision of treatment.
SEC. 139. Section 6601 of the Welfare and Institutions Code, as
amended by Section 2 of Chapter 359 of the Statutes of 2011, is
amended to read:
6601. (a) (1) Whenever the Secretary of the Department of
Corrections and Rehabilitation determines that an individual who is
in custody under the jurisdiction of the Department of Corrections
and Rehabilitation, and who is either serving a determinate prison
sentence or whose parole has been revoked, may be a sexually violent
predator, the secretary shall, at least six months prior to that
individual's scheduled date for release from prison, refer the person
for evaluation in accordance with this section. However, if the
inmate was received by the department with less than nine months of
his or her sentence to serve, or if the inmate's release date is
modified by judicial or administrative action, the secretary may
refer the person for evaluation in accordance with this section at a
date that is less than six months prior to the inmate's scheduled
release date.
(2) A petition may be filed under this section if the individual
was in custody pursuant to his or her determinate prison term, parole
revocation term, or a hold placed pursuant to Section 6601.3, at the
time the petition is filed. A petition shall not be dismissed on the
basis of a later judicial or administrative determination that the
individual's custody was unlawful, if the unlawful custody was the
result of a good faith mistake of fact or law. This paragraph shall
apply to any petition filed on or after January 1, 1996.
(b) The person shall be screened by the Department of Corrections
and Rehabilitation and the Board of Parole Hearings based on whether
the person has committed a sexually violent predatory offense and on
a review of the person's social, criminal, and institutional history.
This screening shall be conducted in accordance with a structured
screening instrument developed and updated by the State Department of
State Hospitals in consultation with the Department of Corrections
and Rehabilitation. If as a result of this screening it is determined
that the person is likely to be a sexually violent predator, the
Department of Corrections and Rehabilitation shall refer the person
to the State Department of State Hospitals for a full evaluation of
whether the person meets the criteria in Section 6600.
(c) The State Department of State Hospitals shall evaluate the
person in accordance with a standardized assessment protocol,
developed and updated by the State Department of State Hospitals, to
determine whether the person is a sexually violent predator as
defined in this article. The standardized assessment protocol shall
require assessment of diagnosable mental disorders, as well as
various factors known to be associated with the risk of reoffense
among sex offenders. Risk factors to be considered shall include
criminal and psychosexual history, type, degree, and duration of
sexual deviance, and severity of mental disorder.
(d) Pursuant to subdivision (c), the person shall be evaluated by
two practicing psychiatrists or psychologists, or one practicing
psychiatrist and one practicing psychologist, designated by the
Director of State Hospitals, one or both of whom may be independent
professionals as defined in subdivision (g). If both evaluators
concur that the person has a diagnosed mental disorder so that he or
she is likely to engage in acts of sexual violence without
appropriate treatment and custody, the Director of State Hospitals
shall forward a request for a petition for commitment under Section
6602 to the county designated in subdivision (i). Copies of the
evaluation reports and any other supporting documents shall be made
available to the attorney designated by the county pursuant to
subdivision (i) who may file a petition for commitment.
(e) If one of the professionals performing the evaluation pursuant
to subdivision (d) does not concur that the person meets the
criteria specified in subdivision (d), but the other professional
concludes that the person meets those criteria, the Director of State
Hospitals shall arrange for further examination of the person by two
independent professionals selected in accordance with subdivision
(g).
(f) If an examination by independent professionals pursuant to
subdivision (e) is conducted, a petition to request commitment under
this article shall only be filed if both independent professionals
who evaluate the person pursuant to subdivision (e) concur that the
person meets the criteria for commitment specified in subdivision
(d). The professionals selected to evaluate the person pursuant to
subdivision (g) shall inform the person that the purpose of their
examination is not treatment but to determine if the person meets
certain criteria to be involuntarily committed pursuant to this
article. It is not required that the person appreciate or understand
that information.
(g) Any independent professional who is designated by the
Secretary of the Department of Corrections and Rehabilitation or the
Director of State Hospitals for purposes of this section shall not be
a state government employee, shall have at least five years of
experience in the diagnosis and treatment of mental disorders, and
shall include psychiatrists and licensed psychologists who have a
doctoral degree in psychology. The requirements set forth in this
section also shall apply to any professionals appointed by the court
to evaluate the person for purposes of any other proceedings under
this article.
(h) If the State Department of State Hospitals determines that the
person is a sexually violent predator as defined in this article,
the Director of State Hospitals shall forward a request for a
petition to be filed for commitment under this article to the county
designated in subdivision (i). Copies of the evaluation reports and
any other supporting documents shall be made available to the
attorney designated by the county pursuant to subdivision (i) who may
file a petition for commitment in the superior court.
(i) If the county's designated counsel concurs with the
recommendation, a petition for commitment shall be filed in the
superior court of the county in which the person was convicted of the
offense for which he or she was committed to the jurisdiction of the
Department of Corrections and Rehabilitation. The petition shall be
filed, and the proceedings shall be handled, by either the district
attorney or the county counsel of that county. The county board of
supervisors shall designate either the district attorney or the
county counsel to assume responsibility for proceedings under this
article.
(j) The time limits set forth in this section shall not apply
during the first year that this article is operative.
(k) An order issued by a judge pursuant to Section 6601.5, finding
that the petition, on its face, supports a finding of probable cause
to believe that the individual named in the petition is likely to
engage in sexually violent predatory criminal behavior upon his or
her release, shall toll that person's parole pursuant to paragraph
(4) of subdivision (a) of Section 3000 of the Penal Code, if that
individual is determined to be a sexually violent predator.
(l) Pursuant to subdivision (d), the attorney designated by the
county pursuant to subdivision (i) shall notify the State Department
of State Hospitals of its decision regarding the filing of a petition
for commitment within 15 days of making that decision.
(m) (1) The department shall provide the fiscal and policy
committees of the Legislature, including the Chairperson of the Joint
Legislative Budget Committee, and the Department of Finance, with a
semiannual update on the progress made to hire qualified state
employees to conduct the evaluation required pursuant to subdivision
(d). The first update shall be provided no later than July 10, 2009.
(2) On or before January 2, 2010, the department shall report to
the Legislature on all of the following:
(A) The costs to the department for the sexual offender commitment
program attributable to the provisions in Proposition 83 of the
November 2006 general election, otherwise known as Jessica's Law.
(B) The number and proportion of inmates evaluated by the
department for commitment to the program as a result of the expanded
evaluation and commitment criteria in Jessica's Law.
(C) The number and proportion of those inmates who have actually
been committed for treatment in the program.
(3) This section shall remain in effect and be repealed on the
date that the director executes a declaration, which shall be
provided to the fiscal and policy committees of the Legislature,
including the Chairperson of the Joint Legislative Budget Committee,
and the Department of Finance, specifying that sufficient qualified
state employees have been hired to conduct the evaluations required
pursuant to subdivision (d), or January 1, 2013, whichever occurs
first.
SEC. 140. Section 6601.3 of the Welfare and Institutions Code is
amended to read:
6601.3. (a) Upon a showing of good cause, the Board of Parole
Hearings may order that a person referred to the State Department of
State Hospitals pursuant to subdivision (b) of Section 6601 remain in
custody for no more than 45 days beyond the person's scheduled
release date for full evaluation pursuant to subdivisions (c) to (i),
inclusive, of Section 6601.
(b) For purposes of this section, good cause means circumstances
where there is a recalculation of credits or a restoration of denied
or lost credits, a resentencing by a court, the receipt of the
prisoner into custody, or equivalent exigent circumstances which
result in there being less than 45 days prior to the person's
scheduled release date for the full evaluation described in
subdivisions (c) to (i), inclusive, of Section 6601.
SEC. 141. Section 6602 of the Welfare and Institutions Code is
amended to read:
6602. (a) A judge of the superior court shall review the petition
and shall determine whether there is probable cause to believe that
the individual named in the petition is likely to engage in sexually
violent predatory criminal behavior upon his or her release. The
person named in the petition shall be entitled to assistance of
counsel at the probable cause hearing. Upon the commencement of the
probable cause hearing, the person shall remain in custody pending
the completion of the probable cause hearing. If the judge determines
there is not probable cause, he or she shall dismiss the petition
and any person subject to parole shall report to parole. If the judge
determines that there is probable cause, the judge shall order that
the person remain in custody in a secure facility until a trial is
completed and shall order that a trial be conducted to determine
whether the person is, by reason of a diagnosed mental disorder, a
danger to the health and safety of others in that the person is
likely to engage in acts of sexual violence upon his or her release
from the jurisdiction of the Department of Corrections and
Rehabilitation or other secure facility.
(b) The probable cause hearing shall not be continued except upon
a showing of good cause by the party requesting the continuance.
(c) The court shall notify the State Department of State Hospitals
of the outcome of the probable cause hearing by forwarding to the
department a copy of the minute order of the court within 15 days of
the decision.
SEC. 142. Section 6602.5 of the Welfare and Institutions Code is
amended to read:
6602.5. (a) No person may be placed in a state hospital pursuant
to the provisions of this article until there has been a
determination pursuant to Section 6601.3 or 6602 that there is
probable cause to believe that the individual named in the petition
is likely to engage in sexually violent predatory criminal behavior.
(b) The State Department of State Hospitals shall identify each
person for whom a petition pursuant to this article has been filed
who is in a state hospital on or after January 1, 1998, and who has
not had a probable cause hearing pursuant to Section 6602. The State
Department of State Hospitals shall notify the court in which the
petition was filed that the person has not had a probable cause
hearing. Copies of the notice shall be provided by the court to the
attorneys of record in the case. Within 30 days of notice by the
State Department of State Hospitals, the court shall either order the
person removed from the state hospital and returned to local custody
or hold a probable cause hearing pursuant to Section 6602.
(c) In no event shall the number of persons referred pursuant to
subdivision (b) to the superior court of any county exceed 10 in any
30-day period, except upon agreement of the presiding judge of the
superior court, the district attorney, the public defender, the
sheriff, and the Director of State Hospitals.
(d) This section shall be implemented in Los Angeles County
pursuant to a letter of agreement between the Department of State
Hospitals, the Los Angeles County district attorney, the Los Angeles
County public defender, the Los Angeles County sheriff, and the Los
Angeles County Superior Court. The number of persons referred to the
Superior Court of Los Angeles County pursuant to subdivision (b)
shall be governed by the letter of agreement.
SEC. 143. Section 6604 of the Welfare and Institutions Code is
amended to read:
6604. The court or jury shall determine whether, beyond a
reasonable doubt, the person is a sexually violent predator. If the
court or jury is not satisfied beyond a reasonable doubt that the
person is a sexually violent predator, the court shall direct that
the person be released at the conclusion of the term for which he or
she was initially sentenced, or that the person be unconditionally
released at the end of parole, whichever is applicable. If the court
or jury determines that the person is a sexually violent predator,
the person shall be committed for an indeterminate term to the
custody of the State Department of State Hospitals for appropriate
treatment and confinement in a secure facility designated by the
Director of State Hospitals. The facility shall be located on the
grounds of an institution under the jurisdiction of the Department of
Corrections and Rehabilitation.
SEC. 144. Section 6605 of the Welfare and Institutions Code is
amended to read:
6605. (a) A person found to be a sexually violent predator and
committed to the custody of the State Department of State Hospitals
shall have a current examination of his or her mental condition made
at least once every year. The annual report shall include
consideration of whether the committed person currently meets the
definition of a sexually violent predator and whether conditional
release to a less restrictive alternative or an unconditional release
is in the best interest of the person and conditions can be imposed
that would adequately protect the community. The State Department of
State Hospitals shall file this periodic report with the court that
committed the person under this article. The report shall be in the
form of a declaration and shall be prepared by a professionally
qualified person. A copy of the report shall be served on the
prosecuting agency involved in the initial commitment and upon the
committed person. The person may retain, or if he or she is indigent
and so requests, the court may appoint, a qualified expert or
professional person to examine him or her, and the expert or
professional person shall have access to all records concerning the
person.
(b) If the State Department of State Hospitals determines that
either: (1) the person's condition has so changed that the person no
longer meets the definition of a sexually violent predator, or (2)
conditional release to a less restrictive alternative is in the best
interest of the person and conditions can be imposed that adequately
protect the community, the director shall authorize the person to
petition the court for conditional release to a less restrictive
alternative or for an unconditional discharge. The petition shall be
filed with the court and served upon the prosecuting agency
responsible for the initial commitment. The court, upon receipt of
the petition for conditional release to a less restrictive
alternative or unconditional discharge, shall order a show cause
hearing at which the court can consider the petition and any
accompanying documentation provided by the medical director, the
prosecuting attorney, or the committed person.
(c) If the court at the show cause hearing determines that
probable cause exists to believe that the committed person's
diagnosed mental disorder has so changed that he or she is not a
danger to the health and safety of others and is not likely to engage
in sexually violent criminal behavior if discharged, then the court
shall set a hearing on the issue.
(d) At the hearing, the committed person shall have the right to
be present and shall be entitled to the benefit of all constitutional
protections that were afforded to him or her at the initial
commitment proceeding. The attorney designated by the county pursuant
to subdivision (i) of Section 6601 shall represent the state and
shall have the right to demand a jury trial and to have the committed
person evaluated by experts chosen by the state. The committed
person also shall have the right to demand a jury trial and to have
experts evaluate him or her on his or her behalf. The court shall
appoint an expert if the person is indigent and requests an
appointment. The burden of proof at the hearing shall be on the state
to prove beyond a reasonable doubt that the committed person's
diagnosed mental disorder remains such that he or
she is a danger to the health and safety of
others and is likely to engage in sexually violent criminal behavior
if discharged. Where the person's failure to participate in or
complete treatment is relied upon as proof that the person's
condition has not changed, and there is evidence to support that
reliance, the jury shall be instructed substantially as follows:
"The committed person's failure to participate in or complete the
State Department of State Hospitals Sex Offender Commitment Program
(SOCP) are facts that, if proved, may be considered as evidence that
the committed person's condition has not changed. The weight to be
given that evidence is a matter for the jury to determine."
(e) If the court or jury rules against the committed person at the
hearing conducted pursuant to subdivision (d), the term of
commitment of the person shall run for an indeterminate period from
the date of this ruling. If the court or jury rules for the committed
person, he or she shall be unconditionally released and
unconditionally discharged.
(f) In the event that the State Department of State Hospitals has
reason to believe that a person committed to it as a sexually violent
predator is no longer a sexually violent predator, it shall seek
judicial review of the person's commitment pursuant to the procedures
set forth in Section 7250 in the superior court from which the
commitment was made. If the superior court determines that the person
is no longer a sexually violent predator, he or she shall be
unconditionally released and unconditionally discharged.
SEC. 145. Section 6606 of the Welfare and Institutions Code is
amended to read:
6606. (a) A person who is committed under this article shall be
provided with programming by the State Department of State Hospitals
which shall afford the person with treatment for his or her diagnosed
mental disorder. Persons who decline treatment shall be offered the
opportunity to participate in treatment on at least a monthly basis.
(b) Amenability to treatment is not required for a finding that
any person is a person described in Section 6600, nor is it required
for treatment of that person. Treatment does not mean that the
treatment be successful or potentially successful, nor does it mean
that the person must recognize his or her problem and willingly
participate in the treatment program.
(c) The programming provided by the State Department of State
Hospitals in facilities shall be consistent with current
institutional standards for the treatment of sex offenders, and shall
be based on a structured treatment protocol developed by the State
Department of State Hospitals. The protocol shall describe the number
and types of treatment components that are provided in the program,
and shall specify how assessment data will be used to determine the
course of treatment for each individual offender. The protocol shall
also specify measures that will be used to assess treatment progress
and changes with respect to the individual's risk of reoffense.
(d) Notwithstanding any other provision of law, except as to
requirements relating to fire and life safety of persons with mental
illness, and consistent with information and standards described in
subdivision (c), the State Department of State Hospitals is
authorized to provide the programming using an outpatient/day
treatment model, wherein treatment is provided by licensed
professional clinicians in living units not licensed as health
facility beds within a secure facility setting, on less than a
24-hour a day basis. The State Department of State Hospitals shall
take into consideration the unique characteristics, individual needs,
and choices of persons committed under this article, including
whether or not a person needs antipsychotic medication, whether or
not a person has physical medical conditions, and whether or not a
person chooses to participate in a specified course of offender
treatment. The State Department of State Hospitals shall ensure that
policies and procedures are in place that address changes in patient
needs, as well as patient choices, and respond to treatment needs in
a timely fashion. The State Department of State Hospitals, in
implementing this subdivision, shall be allowed by the State
Department of Public Health to place health facility beds at Coalinga
State Hospital in suspense in order to meet the mental health and
medical needs of the patient population. Coalinga State Hospital may
remove all or any portion of its voluntarily suspended beds into
active license status by request to the State Department of Public
Health. The facility's request shall be granted unless the suspended
beds fail to comply with current operational requirements for
licensure.
(e) The department shall meet with each patient who has chosen not
to participate in a specific course of offender treatment during
monthly treatment planning conferences. At these conferences the
department shall explain treatment options available to the patient,
offer and re-offer treatment to the patient, seek to obtain the
patient's cooperation in the recommended treatment options, and
document these steps in the patient's health record. The fact that a
patient has chosen not to participate in treatment in the past shall
not establish that the patient continues to choose not to
participate.
SEC. 146. Section 6608 of the Welfare and Institutions Code is
amended to read:
6608. (a) Nothing in this article shall prohibit the person who
has been committed as a sexually violent predator from petitioning
the court for conditional release or an unconditional discharge
without the recommendation or concurrence of the Director of State
Hospitals. If a person has previously filed a petition for
conditional release without the concurrence of the director and the
court determined, either upon review of the petition or following a
hearing, that the petition was frivolous or that the committed person'
s condition had not so changed that he or she would not be a danger
to others in that it is not likely that he or she will engage in
sexually violent criminal behavior if placed under supervision and
treatment in the community, then the court shall deny the subsequent
petition unless it contains facts upon which a court could find that
the condition of the committed person had so changed that a hearing
was warranted. Upon receipt of a first or subsequent petition from a
committed person without the concurrence of the director, the court
shall endeavor whenever possible to review the petition and determine
if it is based upon frivolous grounds and, if so, shall deny the
petition without a hearing. The person petitioning for conditional
release and unconditional discharge under this subdivision shall be
entitled to assistance of counsel. The person petitioning for
conditional release or unconditional discharge shall serve a copy of
the petition on the State Department of State Hospitals at the time
the petition is filed with the court.
(b) The court shall give notice of the hearing date to the
attorney designated in subdivision (i) of Section 6601, the retained
or appointed attorney for the committed person, and the Director of
State Hospitals at least 30 court days before the hearing date.
(c) No hearing upon the petition shall be held until the person
who is committed has been under commitment for confinement and care
in a facility designated by the Director of State Hospitals for not
less than one year from the date of the order of commitment.
(d) The court shall hold a hearing to determine whether the person
committed would be a danger to the health and safety of others in
that it is likely that he or she will engage in sexually violent
criminal behavior due to his or her diagnosed mental disorder if
under supervision and treatment in the community. If the court at the
hearing determines that the committed person would not be a danger
to others due to his or her diagnosed mental disorder while under
supervision and treatment in the community, the court shall order the
committed person placed with an appropriate forensic conditional
release program operated by the state for one year. A substantial
portion of the state-operated forensic conditional release program
shall include outpatient supervision and treatment. The court shall
retain jurisdiction of the person throughout the course of the
program. At the end of one year, the court shall hold a hearing to
determine if the person should be unconditionally released from
commitment on the basis that, by reason of a diagnosed mental
disorder, he or she is not a danger to the health and safety of
others in that it is not likely that he or she will engage in
sexually violent criminal behavior. The court shall not make this
determination until the person has completed at least one year in the
state-operated forensic conditional release program. The court shall
notify the Director of State Hospitals of the hearing date.
(e) Before placing a committed person in a state-operated forensic
conditional release program, the community program director
designated by the State Department of State Hospitals shall submit a
written recommendation to the court stating which forensic
conditional release program is most appropriate for supervising and
treating the committed person. If the court does not accept the
community program director's recommendation, the court shall specify
the reason or reasons for its order on the record. The procedures
described in Sections 1605 to 1610, inclusive, of the Penal Code
shall apply to the person placed in the forensic conditional release
program.
(f) If the court determines that the person should be transferred
to a state-operated forensic conditional release program, the
community program director, or his or her designee, shall make the
necessary placement arrangements and, within 30 days after receiving
notice of the court's finding, the person shall be placed in the
community in accordance with the treatment and supervision plan
unless good cause for not doing so is presented to the court.
(g) If the court rules against the committed person at the trial
for unconditional release from commitment, the court may place the
committed person on outpatient status in accordance with the
procedures described in Title 15 (commencing with Section 1600) of
Part 2 of the Penal Code.
(h) If the court denies the petition to place the person in an
appropriate forensic conditional release program or if the petition
for unconditional discharge is denied, the person may not file a new
application until one year has elapsed from the date of the denial.
(i) In any hearing authorized by this section, the petitioner
shall have the burden of proof by a preponderance of the evidence.
(j) If the petition for conditional release is not made by the
director of the treatment facility to which the person is committed,
no action on the petition shall be taken by the court without first
obtaining the written recommendation of the director of the treatment
facility.
(k) Time spent in a conditional release program pursuant to this
section shall not count toward the term of commitment under this
article unless the person is confined in a locked facility by the
conditional release program, in which case the time spent in a locked
facility shall count toward the term of commitment.
SEC. 147. Section 6718 of the Welfare and Institutions Code is
repealed.
SEC. 148. Section 6750 of the Welfare and Institutions Code is
amended to read:
6750. The superior court judge of each county may grant
certificates in accordance with the form prescribed by the State
Department of State Hospitals, showing that the persons named therein
are reputable physicians licensed in this state, and have been in
active practice of their profession at least five years. When
certified copies of such certificates have been filed with the
department, it shall issue to such persons certificates or
commissions, and the persons therein named shall be known as "medical
examiners." There shall at all times be at least two such medical
examiners in each county. The certificate may be revoked by the
department for incompetency or neglect, and shall not be again
granted without the consent of the department.
SEC. 149. Section 7200.05 of the Welfare and Institutions Code is
repealed.
SEC. 150. Section 7200.06 of the Welfare and Institutions Code is
amended to read:
7200.06. (a) Of the 1,362 licensed beds at Napa State Hospital,
at least 20 percent of these beds shall be available in any given
fiscal year for use by counties for contracted services. Of the
remaining beds, in no case shall the population of patients whose
placement has been required pursuant to the Penal Code exceed 980.
(b) After construction of the perimeter security fence is
completed at Napa State Hospital, no patient whose placement has been
required pursuant to the Penal Code shall be placed outside the
perimeter security fences, with the exception of placements in the
general acute care and skilled nursing units. The State Department of
State Hospitals shall ensure that appropriate security measures are
in place for the general acute care and skilled nursing units.
(c) Any alteration to the security perimeter structure or policies
shall be made in conjunction with representatives of the City of
Napa, the County of Napa, and local law enforcement agencies.
SEC. 151. Section 7200.07 of the Welfare and Institutions Code is
repealed.
SEC. 152. Section 7201 of the Welfare and Institutions Code is
amended to read:
7201. All of the institutions under the jurisdiction of the State
Department of State Hospitals shall be governed by the uniform rules
and regulations of the State Department of State Hospitals and all
of the provisions of Part 2 (commencing with Section 4100) of
Division 4 of this code on the administration of state institutions
for the mentally disordered shall apply to the conduct and management
of the state hospitals for the mentally disordered. All of the
institutions under the jurisdiction of the State Department of
Developmental Services shall be governed by the uniform rules and
regulations of the State Department of Developmental Services and,
except as provided in Chapter 4 (commencing with Section 7500) of
this division, all of the provisions of Part 2 (commencing with
Section 4440) of Division 4.1 of this code on the administration of
state institutions for the developmentally disabled shall apply to
the conduct and management of the state hospitals for the
developmentally disabled.
SEC. 153. Section 7202 of the Welfare and Institutions Code is
amended to read:
7202. The State Department of State Hospitals shall regularly
consult with the Napa State Hospital Task Force, which consists of
local community representatives, on proposed policy or structural
modifications to Napa State Hospital that may affect the Napa
community, including, but not limited to, all of the following:
(a) Changes in the patient population mix.
(b) Construction of, or significant alterations to, facility
structures.
(c) Changes in the hospital security plan.
SEC. 154. Section 7206 of the Welfare and Institutions Code is
amended to read:
7206. Notwithstanding the provisions of Section 4444, the
Director of General Services, with the consent of the Director of
State Hospitals, may grant a right-of-way for road purposes to the
County of San Bernardino over and along a portion of the Patton State
Hospital property adjacent to Arden Way and Pacific Street upon such
terms and conditions and with such reservations and exceptions as in
the opinion of the Director of General Services will be for the best
interests of the state.
SEC. 155. Section 7207 of the Welfare and Institutions Code is
amended to read:
7207. The Director of General Services, with the consent of the
State Department of State Hospitals, may grant to the Regents of the
University of California, upon such terms, conditions, and with such
reservations and exceptions as in the opinion of the Director of
General Services may be for the best interest of the state, the
necessary easements and rights-of-way for a utilities relocation and
campus access road on the Langley Porter Neuropsychiatric Institute
property. The right-of-way shall be across, along and upon the
following described property:
A strip of land approximately 40´ in width extending from the
southerly line of Parnassus Avenue beginning at a point on the
southerly boundary of Parnassus Avenue 331´ from the westerly
boundary of said parcel of land described by deed dated October 1,
1940, and extending in a southerly direction to the south boundary of
Langley Porter property.
SEC. 156. Section 7226 of the Welfare and Institutions Code is
amended to read:
7226. The State Department of State Hospitals may admit to any
state hospital for the mentally disordered, if there is room therein,
any mentally disordered soldier or sailor in the service of the
United States on such terms as are agreed upon between the department
and the properly authorized agents, officers, or representatives of
the United States government.
SEC. 157. Section 7228 of the Welfare and Institutions Code is
amended to read:
7228. Prior to admission to the Napa State Hospital or the
Metropolitan State Hospital, the State Department of State Hospitals
shall evaluate each patient committed pursuant to Section 1026 or
1370 of the Penal Code. A patient determined to be a high security
risk shall be treated in the department's most secure facilities. A
Penal Code patient not needing this level of security shall be
treated as near to the patient's community as possible if an
appropriate treatment program is available.
SEC. 158. Section 7230 of the Welfare and Institutions Code is
amended to read:
7230. Those patients determined to be high security risk
patients, as described in Section 7228, shall be treated at
Atascadero State Hospital or Patton State Hospital, a correctional
facility, or other secure facility as defined by the State Department
of State Hospitals, but shall not be treated at Metropolitan State
Hospital or Napa State Hospital. Metropolitan State Hospital and Napa
State Hospital shall treat only low- to moderate-risk patients, as
defined by the State Department of State Hospitals.
SEC. 159. Section 7231 of the Welfare and Institutions Code is
amended to read:
7231. (a) The State Department of Mental Health shall develop
policies and procedures, by no later than 30 days following the
effective date of the Budget Act of 1997, at each state hospital, to
notify appropriate law enforcement agencies in the event of a patient
escape or walkaway. Local law enforcement agencies, including local
police and county sheriff departments, shall review the policies and
procedures prior to final implementation by the department.
(b) Commencing July 1, 2012, the State Department of State
Hospitals may adopt the policies and procedures developed by the
State Department of Mental Health pursuant to subdivision (a).
SEC. 160. Section 7232 of the Welfare and Institutions Code is
amended to read:
7232. (a) The State Department of Mental Health shall issue a
state hospital administrative directive by no later than 30 days
following the effective date of the Budget Act of 1997 to require
patients whose placement has been required pursuant to the Penal
Code, and other patients within the secured perimeter at each state
hospital, to wear clothing that enables these patients to be readily
identified.
(b) Commencing July 1, 2012, the State Department of State
Hospitals may adopt the state hospital administrative directive
issued by the State Department of Mental Health pursuant to
subdivision (a).
SEC. 161. Section 7250 of the Welfare and Institutions Code is
amended to read:
7250. Any person who has been committed is entitled to a writ of
habeas corpus, upon a proper application made by the State Department
of State Hospitals or the State Department of Developmental
Services, by that person, or by a relative or friend in his or her
behalf to the judge of the superior court of the county in which the
hospital is located, or if the person has been found incompetent to
stand trial and has been committed pursuant to Chapter 6 (commencing
with Section 1367) of Title 10 of Part 2 of the Penal Code, judicial
review shall be in the superior court for the county that determined
the question of the mental competence of the person. All documents
requested by the court in the county of confinement shall be
forwarded from the county of commitment to the court. Upon the return
of the writ, the truth of the allegations under which he or she was
committed shall be inquired into and determined. The medical history
of the person as it appears in the clinical records shall be given in
evidence, and the superintendent in charge of the state hospital
wherein the person is held in custody and any other person who has
knowledge of the facts shall be sworn and shall testify relative to
the mental condition of the person.
SEC. 162. Section 7251 of the Welfare and Institutions Code is
amended to read:
7251. Every executive director of a state hospital, shall, within
three days after the reception of a patient, make or cause to be
made a thorough physical and mental examination of the patient, and
state the result thereof, on blanks prepared and exclusively set
apart for that purpose. During the time the patient remains under his
or her care he or she shall also make, or cause to be made, from
time to time, examination of the mental state, bodily condition, and
medical treatment of the patient at such intervals and in such
manner, and state its result, upon blank forms, as are approved by
the department. In the event of the death or discharge of a patient,
the superintendent, or person in charge of the state hospital, shall
state the circumstances thereof upon forms as are required by the
department.
SEC. 163. Section 7252 of the Welfare and Institutions Code is
amended to read:
7252. Any patient in a state hospital, upon the consent of the
executive director and medical director of the hospital, may
voluntarily donate blood to any nonprofit blood bank duly licensed by
the State Department of Public Health.
SEC. 164. Section 7253 of the Welfare and Institutions Code is
amended to read:
7253. Every patient in a state hospital under this chapter may be
permitted to keep for his or her own use articles of handiwork and
other finished products suitable primarily for personal use, as
determined by the executive director, which have been fabricated by
the patient.
SEC. 165. Section 7254 of the Welfare and Institutions Code is
amended to read:
7254. Notwithstanding any other provision of law, the State
Department of State Hospitals shall have the authority to require
that patients committed to a state mental health facility pursuant to
Section 1026 of, and Chapter 6 (commencing with Section 1367) of
Title 10 of Part 2 of the Penal Code, and Sections 6316 and 6321 of
this code shall wear identifiable clothing in a secured area of the
facility.
SEC. 166. Section 7275.1 of the Welfare and Institutions Code is
repealed.
SEC. 167. Section 7276 of the Welfare and Institutions Code is
amended to read:
7276. (a) The charge for the care and treatment of all mentally
disordered persons at state hospitals for the mentally disordered for
whom there is liability to pay therefor shall be determined pursuant
to Section 4025. The Director of State Hospitals may reduce, cancel
or remit the amount to be paid by the estate or the relatives, as the
case may be, liable for the care and treatment of any mentally
disordered person or alcoholic who is a patient at a state hospital
for the mentally disordered, on satisfactory proof that the estate or
relatives, as the case may be, are unable to pay the cost of that
care and treatment or that the amount is uncollectible. In any case
where there has been a payment under this section, and the payment or
any part thereof is refunded because of the death, leave of absence,
or discharge of any patient of the hospital, that amount shall be
paid by the hospital or the State Department of State Hospitals to
the person who made the payment upon demand, and in the statement to
the Controller the amounts refunded shall be itemized and the
aggregate deducted from the amount to be paid into the State
Treasury, as provided by law. If any person dies at any time while
his or her estate is liable for his or her care and treatment at a
state hospital, the claim for the amount due may be presented to the
executor or administrator of his or her estate, and paid as a
preferred claim, with the same rank in order of preference, as claims
for expenses of last illness.
(b) If the Director of State Hospitals delegates to the county the
responsibility for determining the ability of a minor child and his
or her parents to pay for state hospital services, the requirements
of Sections 5710 and 7275.1 and the policies and procedures
established and maintained by the director, including those relating
to the collection and accounting of revenue, shall be followed by
each county to which that responsibility is delegated.
SEC. 168. Section 7277 of the Welfare and Institutions Code is
amended to read:
7277. The State Department of State Hospitals shall collect all
the costs and charges mentioned in Section 7275, and shall determine,
pursuant to Section 7275, and collect the charges for care and
treatment rendered persons in any community mental hygiene clinics
maintained by the department and may take action as is necessary to
effect their collection within or without the state. The Director of
State Hospitals may, however, at his or her discretion, refuse to
accept payment of charges for the care and treatment in a state
hospital of any mentally disordered person or inebriate who is
eligible for deportation by the federal immigration authorities.
SEC. 169. Section 7278 of the Welfare and Institutions Code is
amended to read:
7278. The State Department of State Hospitals shall, following
the admission of a patient into a state hospital for the mentally
disordered cause an investigation to be made to determine the moneys,
property, or interest in property, if any, the patient has, and
whether he or she has a duly appointed and acting guardian to protect
his or her property and his or her property interests. The
department shall also make an investigation to determine whether the
patient has any relative or relatives responsible under the
provisions of this code for the payment of the costs of
transportation and maintenance, and shall ascertain the financial
condition of the relative
or relatives to determine whether in each case the relative or
relatives are in fact financially able to pay the charges. All
reports in connection with the investigation, together with the
findings of the department, shall be records of the department, and
may be inspected by interested relatives, their agents, or
representatives at any time upon application.
SEC. 170. Section 7281 of the Welfare and Institutions Code is
amended to read:
7281. There is at each institution under the jurisdiction of the
State Department of State Hospitals and at each institution under the
jurisdiction of the State Department of Developmental Services, a
fund known as the patients' personal deposit fund. Any funds coming
into the possession of the superintendent, belonging to any patient
in that institution, shall be deposited in the name of that patient
in the patients' personal deposit fund, except that if a guardian or
conservator of the estate is appointed for the patient then he or she
shall have the right to demand and receive the funds. Whenever the
sum belonging to any one patient, deposited in the patients' personal
deposit fund, exceeds the sum of five hundred dollars ($500), the
excess may be applied to the payment of the care, support,
maintenance, and medical attention of the patient. After the death of
the patient any sum remaining in his or her personal deposit account
in excess of burial costs may be applied for payment of care,
support, maintenance, and medical attention. Any of the funds
belonging to a patient deposited in the patients' personal deposit
fund may be used for the purchase of personal incidentals for the
patient or may be applied in an amount not exceeding five hundred
dollars ($500) to the payment of his or her burial expenses.
SEC. 171. Section 7282 of the Welfare and Institutions Code is
amended to read:
7282. The State Department of State Hospitals with respect to a
state hospital under its jurisdiction, or the State Department of
Developmental Services with respect to a state hospital under its
jurisdiction, may in its own name bring an action to enforce payment
for the cost and charges of transportation of a person to a state
hospital against any person, guardian, conservator, or relative
liable for transportation. The department also may in its own name
bring an action to recover for the use and benefit of any state
hospital or for the state the amount due for the care, support,
maintenance, and expenses of any patient therein, against any county,
or officer thereof, or against any person, guardian, conservator, or
relative, liable for the care, support, maintenance, or expenses.
SEC. 172. Section 7282.1 of the Welfare and Institutions Code is
amended to read:
7282.1. If a person who is or has been a recipient of services
provided by the State Department of Developmental Services or the
State Department of State Hospitals in a state hospital, or the
guardian, conservator, or personal representative of the person,
brings an action or claim against a third party for an injury,
disorder, or disability, which resulted in the need for care,
maintenance, or treatment in a state hospital, the person or the
guardian, conservator, or personal representative shall within 30
days of filing the action or claim give to the Director of
Developmental Services, for hospitals under the jurisdiction of the
State Department of Developmental Services, or the Director of State
Hospitals, for hospitals under the jurisdiction of the State
Department of State Hospitals, written notice of the action or claim
and of the name of the court or agency in which the action or claim
is to be brought. Proof of the notice shall be filed in the action or
claim. For pending actions or claims filed prior to January 1, 1986,
proof of the notice shall be filed by February 1, 1986.
Any judgment, award, or settlement arising out of the action or
claim shall be subject to a lien in favor of the Director of
Developmental Services or the Director of State Hospitals, for
hospitals under the jurisdiction of that department, for the cost of
state hospital care and treatment furnished with respect to the
subject of the action or claim, however:
(a) A lien shall not attach to that portion of a money judgment
awarded for pain and suffering.
(b) A lien shall not attach if over 180 days has elapsed between
the time when notice was given to the department and the time when
the department has filed its lien with the court or agency in which
the action or claim has been brought.
(c) A lien authorized by this section shall not be placed for
services which have been paid through the state Medi-Cal program.
(d) This section shall not apply to actions or claims in which a
final judgment, award, or settlement has been entered into prior to
January 1, 1986.
SEC. 173. Section 7283 of the Welfare and Institutions Code is
amended to read:
7283. All moneys collected by the State Department of State
Hospitals and the State Department of Developmental Services for the
cost and charges of transportation of persons to state hospitals
shall be remitted by the department to the State Treasury for credit
to, and shall become a part of, the current appropriation from the
General Fund of the state for the transportation of the mentally
disordered, correctional school, or other state hospital patients and
shall be available for expenditure for those purposes. In lieu of
exact calculations of moneys collected for transportation charges the
department may determine the amount of collections by the use of
those estimates or formula as may be approved by the Department of
Finance.
SEC. 174. Section 7284 of the Welfare and Institutions Code is
amended to read:
7284. If any incompetent person, who has no guardian or
conservator of the estate and who has been admitted or committed to
the State Department of State Hospitals for placement in any state
hospital for the mentally disordered, is the owner of any property,
the State Department of State Hospitals, acting through its
designated officer, may apply to the superior court of the proper
county for its appointment as guardian or conservator of the estate
of the incompetent person.
For the purposes of this section, the State Department of State
Hospitals is hereby made a corporation and may act as executor,
administrator, guardian or conservator of estates, assignee,
receiver, depositary or trustee, under appointment of any court or by
authority of any law of this state, and may transact business in
that capacity in like manner as an individual, and for this purpose
may sue and be sued in any of the courts of this state.
If a person admitted or committed to the State Department of State
Hospitals dies, leaving any estate, and having no relatives at the
time residing within this state, the State Department of State
Hospitals may apply for letters of administration of his or her
estate, and, in the discretion of the court, letters of
administration may be issued to the department. When the State
Department of State Hospitals is appointed as guardian, conservator,
or administrator, the department shall be appointed as guardian or
conservator or administrator without bond. The officer designated by
the department shall be required to give a surety bond in such amount
as may be deemed necessary from time to time by the director, but in
no event shall the initial bond be less than ten thousand dollars
($10,000), which bond shall be for the joint benefit of the several
estates and the State of California. The State Department of State
Hospitals shall receive any reasonable fees for its services as the
guardian, conservator, or administrator as the court allows. The fees
paid to the State Department of State Hospitals for its services as
guardian, conservator, or administrator of the various estates may be
used as a trust account from which may be drawn expenses for filing
fees, bond premiums, court costs, and other expenses required in the
administration of the various estates. Whenever the balance remaining
in the trust fund account shall exceed a sum deemed necessary by the
department for the payment of expenses, the excess shall be paid
quarterly by the department into the State Treasury to the credit of
the General Fund.
SEC. 175. Section 7285 of the Welfare and Institutions Code is
amended to read:
7285. The State Department of State Hospitals may invest funds
held as executor, administrator, guardian or conservator of estates,
or trustee, in bonds or obligations issued or guaranteed by the
United States or the State of California. Such investments may be
made and such bonds or obligations may be sold or exchanged for
similar bonds or obligations without notice or court authorization.
SEC. 176. Section 7286 of the Welfare and Institutions Code is
amended to read:
7286. The State Department of State Hospitals may establish one
or more common trusts for investment of funds held as executor,
administrator, guardian or conservator of estates, or trustee and may
designate from time to time the amount of participation of each
estate in such trusts. The funds in such trusts may be invested only
in bonds or obligations issued or guaranteed by the United States or
the State of California.
The income and profits of each trust shall be the property of the
estates participating and shall be distributed, when received, in
proportion to the amount of participation of each estate in such
trust. The losses of each trust shall be the losses of the estates
participating and shall be apportioned, as the same occur, upon the
same basis as income and profits.
SEC. 177. Section 7287 of the Welfare and Institutions Code is
amended to read:
7287. Upon the death of an incompetent person over whom the State
Department of State Hospitals has obtained jurisdiction pursuant to
Section 7284, the department may make proper disposition of the
remains, and pay for the disposition of the remains together with any
indebtedness existing at the time of the death of the person from
the assets of the guardianship or conservatorship estate, and
thereupon it shall file its final account with the court or otherwise
close its administration of the estate of the person.
SEC. 178. Section 7288 of the Welfare and Institutions Code is
amended to read:
7288. Whenever it appears that a person who has been admitted to
a state institution and remains under the jurisdiction of the State
Department of State Hospitals or the State Department of
Developmental Services does not have a guardian or conservator of the
estate and owns personal property which requires safekeeping for the
benefit of the patient, the State Department of State Hospitals or
the State Department of Developmental Services may remove or cause to
be removed the personal property from wherever located to a place of
safekeeping.
Whenever it appears that the patient does not own property of a
value which would warrant guardianship or conservatorship
proceedings, the expenses of removal and safekeeping shall be paid
from funds appropriated for the support of the institution in which
the patient is receiving care and treatment; provided, however, that
if the sum on deposit to the credit of the patient in the patients'
personal deposit fund exceeds the sum of three hundred dollars
($300), the excess may be applied to the payment of the expenses of
removal and safekeeping.
When it is determined by the superintendent, at any time after the
removal for safekeeping of the personal property, that the patient
is incurable or is likely to remain in a state institution
indefinitely, then any of those articles of personal property which
cannot be used by the patient at the institution may be sold at
public auction and the proceeds therefrom shall first be applied in
reimbursement of the expenses so incurred, and the balance shall be
deposited to the patient's credit in the patients' personal deposit
fund. All moneys so received as reimbursement shall be deposited in
the State Treasury in augmentation of the appropriation from which
the expenses were paid.
SEC. 179. Section 7289 of the Welfare and Institutions Code is
amended to read:
7289. When a person who is a client of a state hospital or
developmental center in the State Department of State Hospitals or
the State Department of Developmental Services has no guardian or
conservator of the estate and has money due or owing to him or her,
the executive director of the institution of which the person is a
client may, during the client's residence at the institution, collect
an amount not to exceed three thousand dollars ($3,000) of any money
so due or owing upon furnishing to the person, representative,
officer, body or corporation in possession of or owing any sums, an
affidavit executed by the executive director or acting executive
director. The affidavit shall contain the name of the institution of
which the person is a client, and the statement that the total amount
requested pursuant to the affidavit does not exceed the sum of three
thousand dollars ($3,000). Payments from retirement systems and
annuity plans which are due or owing to the clients may also be
collected by the executive director of the institution of which the
person is a client, upon the furnishing of an affidavit executed by
the executive director or acting executive director, containing the
name of the institution of which the person is a client and the
statement that the person is entitled to receive the payments. These
sums shall be delivered to the executive director and shall be
deposited by him or her in the clients' personal deposit fund as
provided in Section 7281.
The receipt of the executive director shall constitute sufficient
acquittance for any payment of money made pursuant to this section
and shall fully discharge the person, representative, officer, body
or corporation from any further liability with reference to the
amount of money so paid.
The executive director of each institution shall render reports
and accounts annually or more often as may be required by the
department having jurisdiction over the hospital or the Department of
Finance of all moneys of clients deposited in the clients' personal
deposit accounts of the institution.
SEC. 180. Section 7289.1 of the Welfare and Institutions Code is
amended to read:
7289.1. (a) The amount of three thousand dollars ($3,000) as set
forth in Section 7289, shall be adjusted annually, on January 1 by
the State Department of Developmental Services as it applies to state
hospitals or developmental centers under its jurisdiction, and by
the State Department of State Hospitals as it applies to state
hospitals under its jurisdiction, to reflect any increases or
decreases in the cost of living occurring after December 31, 1967, so
that the first adjustment becomes effective January 1, 1990. The
indices of the California Consumer Price Index--All Urban as prepared
by the Department of Industrial Relations, shall be used as the
basis for determining the changes in the cost of living.
(b) In implementing the cost-of-living provisions of this section,
the State Department of Developmental Services and the State
Department of State Hospitals shall use the most recent December for
computation of the percentage change in the cost of living after
December 31, 1967. The amount of this adjustment shall be made by
comparing the average index for the most recent December with the
average index for December 1967. The product of any percentage
increase or decrease in the average index and the amount set forth in
Section 7289 shall be the adjusted amount subject to affidavit
pursuant to the provisions of Section 7289.
SEC. 181. Section 7290 of the Welfare and Institutions Code is
amended to read:
7290. The State Department of State Hospitals or the State
Department of Developmental Services may enter into a special
agreement, secured by a properly executed bond, with the relatives,
guardian, conservator, or friend of any patient therein, for his or
her care, support, maintenance, or other expenses at the institution.
Such agreement and bond shall be to the people of the State of
California and action to enforce the same may be brought thereon by
the department. All charges due under the provisions of this section,
including the monthly rate for the patient's care and treatment as
established by or pursuant to law, shall be collected monthly. No
patient, however, shall be permitted to occupy more than one room in
any state institution.
SEC. 182. Section 7292 of the Welfare and Institutions Code is
amended to read:
7292. The cost of such care shall be determined and fixed from
time to time by the Director of State Hospitals, but in no case shall
it exceed the rate of forty dollars ($40) per month.
SEC. 183. Section 7293 of the Welfare and Institutions Code is
amended to read:
7293. The State Department of State Hospitals shall present to
the county, not more frequently than monthly, a claim for the amount
due the state under Section 7291 which the county shall process and
pay pursuant to the provisions of Chapter 4 (commencing with Section
29700) of Division 3 of Title 3 of the Government Code.
SEC. 184. Section 7294 of the Welfare and Institutions Code is
amended to read:
7294. Any person who has been committed as a defective or
psychopathic delinquent may be paroled or granted a leave of absence
by the medical superintendent of the institution wherein the person
is confined whenever the medical superintendent is of the opinion
that the person has improved to such an extent that he or she is no
longer a menace to the health and safety of others or that the person
will receive benefit from the parole or leave of absence, and after
the medical superintendent and the Director of State Hospitals have
certified the opinion to the committing court.
If within 30 days after the receipt of the certification the
committing court orders the return of the person, the person shall be
returned forthwith to await further action of the court. If within
30 days after the receipt of the certification the committing court
does not order the return of the person to await the further action
of the court, the medical superintendent may thereafter parole the
person under the terms and conditions as may be specified by the
superintendent. Any paroled inmate may at any time during the parole
period be recalled to the institution. The period of parole shall in
no case be less than five years, and shall be on the same general
rules and conditions as parole of the mentally disordered.
When any person has been paroled for five consecutive years, if in
the opinion of the medical superintendent and the Director of State
Hospitals the person is no longer a menace to the health, person, or
property of himself or herself or of any other person, the medical
superintendent, subject to the approval of the Director of State
Hospitals, may discharge the person. The committing court shall be
furnished with a certified copy of the discharge and shall thereupon
make such disposition of the court case as it deems necessary and
proper.
When, in the opinion of the medical superintendent, a person
previously committed as a defective or psychopathic delinquent will
not benefit by further care and treatment under any facilities of the
department and should be returned to the jurisdiction of the court,
the superintendent of the institution and the Director of State
Hospitals shall certify the opinion to the committing court including
therein a report, diagnosis and recommendation concerning the person'
s future care, supervision, or treatment. Upon receipt of the
certification, the committing court shall forthwith order the return
of the person to the court. The person shall be entitled to a court
hearing and to present witnesses in his or her own behalf, to be
represented by counsel and to cross-examine any witness who testifies
against him or her. After considering all the evidence before it,
the court may make a further order or commitment with reference to
the person as may be authorized by law.
SEC. 185. Section 7300 of the Welfare and Institutions Code is
amended to read:
7300. It shall be the policy of the department to make available
to all persons admitted to a state hospital prior to July 1, 1969,
and to all persons judicially committed or remanded to its
jurisdiction all of the facilities under the control of the
department. Whenever, in the opinion of the Director of State
Hospitals, it appears that a person admitted prior to July 1, 1969,
or that a person judicially committed or remanded to the State
Department of State Hospitals for placement in an institution would
be benefited by a transfer from that institution to another
institution in the department, the director may cause the transfer of
the patient from that institution to another institution under the
jurisdiction of the department. Preference shall be given in any such
transfer to an institution in an adjoining rather than a remote
district.
However, before any inmate of a correctional school may be
transferred to a state hospital for the mentally disordered he or she
shall first be returned to a court of competent jurisdiction, and,
if subject to commitment, after hearing, may be committed to a state
hospital for the mentally disordered in accordance with law.
The expense of such transfers is chargeable to the state, and the
bills for the same, when approved by the Director of State Hospitals,
shall be paid by the Treasurer on the warrant of the Controller, out
of any moneys provided for the care or support of the patients or
out of the moneys provided for the support of the department, in the
discretion of the department.
SEC. 186. Section 7301 of the Welfare and Institutions Code is
amended to read:
7301. Whenever, in the opinion of the Director of State Hospitals
and with the approval of the Secretary of the Department of
Corrections and Rehabilitation, any person who has been committed to
a state hospital pursuant to provisions of the Penal Code or who has
been placed in a state hospital temporarily for observation pursuant
to, or who has been committed to a state hospital pursuant to Article
1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division
6 of this code needs care and treatment under conditions of custodial
security which can be better provided within the Department of
Corrections and Rehabilitation, the person may be transferred for
those purposes from an institution under the jurisdiction of the
State Department of State Hospitals to an institution under the
jurisdiction of the Department of Corrections and Rehabilitation.
Persons so transferred shall not be subject to the provisions of
Section 4500, 4501, 4501.5, 4502, 4530, or 4531 of the Penal Code.
However, they shall be subject to the general rules of the Secretary
of the Department of Corrections and Rehabilitation and of the
facility where they are confined and any correctional employee
dealing with those persons during the course of an escape or
attempted escape, a fight or a riot, shall have the same rights,
privileges and immunities as if the person transferred had been
committed to the Secretary of the Department of Corrections and
Rehabilitation.
Whenever a person is transferred to an institution under the
jurisdiction of the Department of Corrections and Rehabilitation
pursuant to this section, any report, opinion, or certificate
required or authorized to be filed with the court which committed the
person to a state hospital, or ordered the person placed therein,
shall be prepared and filed with the court by the head of the
institution in which the person is actually confined or by the
designee of the head of the institution.
SEC. 187. Section 7303 of the Welfare and Institutions Code is
amended to read:
7303. Whenever a person, committed to the care of the State
Department of State Hospitals or the State Department of
Developmental Services under one of the commitment laws which
provides for reimbursement for care and treatment to the state by the
county of commitment of the person, is transferred under Section
7300 to an institution under the jurisdiction of the department where
the state rather than the county is liable for the support and care
of patients, the county of commitment may have the original
commitment vacated and a new commitment issued, designating the
institution to which the person has been transferred, in order to
absolve the county from liability under the original commitment.
SEC. 188. Section 7304 of the Welfare and Institutions Code is
amended to read:
7304. Whenever a person, committed to the State Department of
State Hospitals or the State Department of Developmental Services
under one of the commitment laws providing for no reimbursement for
care and treatment to the state by the county of commitment, is
transferred under Section 6700 to an institution under the
jurisdiction of the department where the county is required to
reimburse the state for such care and treatment, the State Department
of State Hospitals or the State Department of Developmental Services
may have the original commitment vacated and a new commitment
issued, designating the institution to which the person has been
transferred, in order to make the county liable for the care and
treatment of the committed person to the extent provided by Sections
7511 and 7512.
SEC. 189. Section 7325 of the Welfare and Institutions Code is
amended to read:
7325. (a) When any patient committed by a court to a state
hospital or other institution on or before June 30, 1969, or when any
patient who is judicially committed on or after July 1, 1969, or
when any patient who is involuntarily detained pursuant to Part 1
(commencing with Section 5000) of Division 5 escapes from any state
hospital, any hospital or facility operated by or under the Veterans'
Administration of the United States government, or any facility
designated by a county pursuant to Part 1 (commencing with Section
5000) of Division 5, or any facility into which the patient has been
placed by his or her conservator appointed pursuant to Chapter 3
(commencing with Section 5350) of Part 1 of Division 5, or when a
judicially committed patient's return from leave of absence has been
authorized or ordered by the State Department of State Hospitals, or
the State Department of Developmental Services, or the facility of
the Veterans' Administration, any peace officer, upon written request
of the state hospital, veterans' facility, or the facility
designated by a county, or the patient's conservator appointed
pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of
Division 5, shall, without
the necessity of a warrant or court order, or any officer or
employee of the State Department of State Hospitals, or of the State
Department of Developmental Services, designated to perform these
duties may, apprehend, take into custody, and deliver the patient to
the state hospital or to a facility of the Veterans' Administration,
or the facility designated by a county, or to any person or place
authorized by the State Department of State Hospitals, the State
Department of Developmental Services, the Veterans' Administration,
the local director of the county mental health program of the county
in which is located the facility designated by the county, or the
patient's conservator appointed pursuant to Chapter 3 (commencing
with Section 5350) of Part 1 of Division 5, as the case may be, to
receive him or her. Every officer or employee of the State Department
of State Hospitals, or of the State Department of Developmental
Services, designated to apprehend or return those patients has the
powers and privileges of peace officers so far as necessary to
enforce this section.
(b) As used in this section, "peace officer" means a person as
specified in Section 830.1 of the Penal Code.
(c) Any officer or employee of a state hospital, hospital or
facility operated by or under the Veterans' Administration, or any
facility designated by a county pursuant to Part 1 (commencing with
Section 5000) of Division 5 shall provide any peace officer with any
information concerning any patient who escapes from the hospital or
facility that is necessary to assist in the apprehension and return
of the patient. The written notification of the escape required by
this section shall include the name and physical description of the
patient, his or her home address, the degree of dangerousness of the
patient, including specific information about the patient if he or
she is deemed likely to cause harm to himself or herself or to
others, and any additional information that is necessary to apprehend
and return the patient. If the escapee has been charged with any
crime involving physical harm to children, the notice shall be
provided by the law enforcement agency to school districts in the
vicinity of the hospital or other facility in which the escapee was
being held, in the area the escapee is known or is likely to
frequent, and in the area where the escapee resided immediately prior
to confinement.
(d) The person in charge of the hospital or facility, or his or
her designee, may provide telephonic notification of the escape to
the law enforcement agency of the county or city in which the
hospital or facility is located. If that notification is given, the
time and date of notification, the person notified, and the person
making the notification shall be noted in the written notification
required by this section.
(e) Photocopying is not required in order to satisfy the
requirements of this section.
(f) No public or private entity or public or private employee
shall be liable for damages caused, or alleged to be caused, by the
release of information or the failure to release information pursuant
to this section.
SEC. 190. Section 7328 of the Welfare and Institutions Code is
amended to read:
7328. Whenever a person who is committed to an institution
subject to the jurisdiction of the State Department of State
Hospitals or the State Department of Developmental Services, under
one of the commitment laws that provides for reimbursement for care
and treatment to the state by the county of commitment of the person,
is accused of committing a crime while confined in the institution
and is committed by the court in which the crime is charged to
another institution under the jurisdiction of the State Department of
State Hospitals or the Department of Corrections and Rehabilitation,
the state rather than the county of commitment shall bear the
subsequent cost of supporting and caring for the person.
SEC. 191. Section 7329 of the Welfare and Institutions Code is
amended to read:
7329. When any patient, who is subject to judicial commitment,
has escaped from any public mental hospital in a state of the United
States other than California and is present in this state, any peace
officer, health officer, county physician, or assistant county
physician may take the person into custody within five years after
the escape. The person may be admitted and detained in the quarters
provided in any county hospital or state hospital upon application of
the peace officer, health officer, county physician, or assistant
county physician. The application shall be in writing and shall state
the identity of the person, the name and place of the institution
from which he or she escaped and the approximate date of the escape,
and the fact that the person has been apprehended pursuant to this
section.
As soon as possible after the person is apprehended, the district
attorney of the county in which the person is present shall file a
petition in the superior court alleging the facts of the escape, and
requesting an immediate hearing on the question of whether the person
has escaped from a public mental hospital in another state within
five years prior to his or her apprehension. The hearing shall be
held within three days after the day on which the person was taken
into custody. If the court finds that the person has not escaped from
such a hospital within five years prior to his or her apprehension,
he or she shall be released immediately.
If the court finds that the person did escape from a public mental
hospital in another state within five years prior to his or her
apprehension, the superintendent or physician in charge of the
quarters provided in the county hospital or state hospital may care
for and treat the person, and the district attorney of the county in
which the person is present immediately shall present to a judge of
the superior court a petition asking that the person be judicially
committed to a state hospital in this state. The hearing on the
petition shall be held within seven days after the court's
determination in the original hearing that the person did escape from
a public mental hospital in another state within five years prior to
his apprehension. Proceedings shall thereafter be conducted as on a
petition for judicial commitment of the particular type of person
subject to judicial commitment. If the court finds that the person is
subject to judicial commitment it shall order him or her judicially
committed to a state hospital in this state; otherwise, it shall
order him or her to be released. It shall be the duty of the
superintendent of the state hospital to accept custody of the person,
if he or she has been determined to be subject to judicial
commitment. The State Department of State Hospitals will promptly
cause the person to be returned to the institution from which he or
she escaped if the authorities in charge of the institution agree to
accept him or her. If the authorities refuse to accept the person,
the superintendent of the state hospital in which the person is
confined shall continue to care for and treat the person in the same
manner as any other person judicially committed to the hospital as
mentally disordered.
SEC. 192. Section 7352 of the Welfare and Institutions Code is
amended to read:
7352. The medical director of a state hospital for the mentally
disordered may grant a leave of absence to any judicially committed
patient, except as provided in Section 7350, under general conditions
prescribed by the State Department of State Hospitals.
The State Department of State Hospitals may continue to render
services to patients placed on leave of absence prior to July 1,
1969, to the extent such services are authorized by law in effect
immediately preceding July 1, 1969.
SEC. 193. Section 7353 of the Welfare and Institutions Code is
amended to read:
7353. The State Department of State Hospitals shall pay the
premium for third-party health coverage for Medicare beneficiaries
who are patients at state hospitals under the jurisdiction of the
State Department of State Hospitals. The department shall, when a
mental health state hospital patient's coverage would lapse due to
lack of sufficient income or financial resources, or any other
reason, continue the health coverage by paying the costs of
continuation or group coverage pursuant to federal law or converting
from a group to an individual plan.
SEC. 194. Section 7354 of the Welfare and Institutions Code is
amended to read:
7354. Any mentally disordered person may be granted care in a
licensed institution or other suitable licensed or certified
facility. The State Department of State Hospitals may pay for that
care at a rate not exceeding the average cost of care of patients in
the state hospitals as determined by the Director of State Hospitals.
The payments shall be made from funds available to the State
Department of State Hospitals for that purpose.
The State Department of State Hospitals may make payments for
services for mentally disordered patients in private facilities
released or discharged from state hospitals on the basis of
reimbursement for reasonable cost, using the same standards and rates
consistent with those established by the State Department of Health
Care Services for similar types of care. The payments shall be made
within the limitation of funds appropriated to the State Department
of State Hospitals for that purpose.
No payments for care or services of a mentally disordered patient
shall be made by the State Department of State Hospitals pursuant to
this section unless the care or services are requested by the local
director of the mental health services of the county of the patient's
residence, unless provision for the care or services is made in the
county Short-Doyle plan of the county under which the county shall
reimburse the department for 10 percent of the amount expended by the
department, exclusive of the portion of the cost that is provided by
the federal government.
The provision for the 10-percent county share shall be
inapplicable with respect to any county with a population of under
100,000 which has not elected to participate financially in providing
services under Division 5 (commencing with Section 5000) in
accordance with Section 5709.5.
SEC. 195. Section 7356 of the Welfare and Institutions Code is
amended to read:
7356. The charges for the care and keeping of persons on leave of
absence from a state hospital where the State Department of State
Hospitals, the State Department of Developmental Services, or the
State Department of Social Services pays for the care shall be a
liability of the person, his or her estate, and relatives, to the
same extent that the liability exists for patients in state
hospitals.
The State Department of State Hospitals shall collect or adjust
the charges in accordance with Article 4 (commencing with Section
7275) of Chapter 3 of this division.
SEC. 196. Section 7357 of the Welfare and Institutions Code is
amended to read:
7357. The superintendent of a state hospital, on filing his or
her written certificate with the Director of State Hospitals, may
discharge any patient who, in his or her judgment, has recovered or
was not, at time of admission, mentally disordered.
SEC. 197. Section 7359 of the Welfare and Institutions Code is
amended to read:
7359. The superintendent of a state hospital, on filing his or
her written certificate with the Director of State Hospitals, may
discharge as improved, or may discharge as unimproved, as the case
may be, any judicially committed patient who is not recovered, but
whose discharge, in the judgment of the superintendent, will not be
detrimental to the public welfare, or injurious to the patient.
SEC. 198. Section 7362 of the Welfare and Institutions Code is
amended to read:
7362. The medical superintendent of a state hospital, on filing
his or her written certificate with the Director of State Hospitals,
may on his or her own motion, and shall on the order of the State
Department of State Hospitals, discharge any patient who comes within
any of the following descriptions:
(a) Who is not a proper case for treatment therein.
(b) Who is developmentally disabled or is affected with a chronic
harmless mental disorder.
The person, when discharged, shall be returned to the county of
his or her residence at the expense of the county, and delivered to
the sheriff or other appropriate county official to be designated by
the board of supervisors, for delivery to the official or agency in
that county charged with the responsibility for the person. Should
the person be a poor and indigent person, he or she shall be cared
for by the county as are other indigent poor.
No person who has been discharged from any state hospital under
the provisions of subdivision (b) above shall be again committed to
any state hospital for the mentally disordered unless he or she is
subject to judicial commitment.
SEC. 199. Section 8050 of the Welfare and Institutions Code is
amended to read:
8050. The State Department of State Hospitals shall plan,
conduct, and cause to be conducted scientific research into sex
crimes against children and into methods of identifying those who
commit sexual offenses.
SEC. 200. Section 8051 of the Welfare and Institutions Code is
amended to read:
8051. Upon the recommendation of the superintendent of the
Langley Porter Clinic, the State Department of State Hospitals may
enter into contracts with the Regents of the University of California
for the conduct, by either for the other, of all or any portion of
the research provided for in this chapter.
SEC. 201. Section 8053 of the Welfare and Institutions Code is
amended to read:
8053. The State Department of State Hospitals with the approval
of the Director of Finance may accept gifts or grants from any source
for the accomplishment of the objects and purposes of this chapter.
The provisions of Section 16302 of the Government Code do not apply
to such gifts or grants and the money so received shall be expended
to carry out the purposes of this chapter, subject to any limitation
contained in such gift or grant.
SEC. 202. Section 15630 of the Welfare and Institutions Code is
amended to read:
15630. (a) Any person who has assumed full or intermittent
responsibility for the care or custody of an elder or dependent
adult, whether or not he or she receives compensation, including
administrators, supervisors, and any licensed staff of a public or
private facility that provides care or services for elder or
dependent adults, or any elder or dependent adult care custodian,
health practitioner, clergy member, or employee of a county adult
protective services agency or a local law enforcement agency, is a
mandated reporter.
(b) (1) Any mandated reporter who, in his or her professional
capacity, or within the scope of his or her employment, has observed
or has knowledge of an incident that reasonably appears to be
physical abuse, as defined in Section 15610.63, abandonment,
abduction, isolation, financial abuse, or neglect, or is told by an
elder or dependent adult that he or she has experienced behavior,
including an act or omission, constituting physical abuse, as defined
in Section 15610.63, abandonment, abduction, isolation, financial
abuse, or neglect, or reasonably suspects that abuse, shall report
the known or suspected instance of abuse by telephone or through a
confidential Internet reporting tool, as authorized by Section 15658,
immediately or as soon as practicably possible. If reported by
telephone, a written report shall be sent, or an Internet report
shall be made through the confidential Internet reporting tool
established in Section 15658, within two working days, as follows:
(A) If the abuse has occurred in a long-term care facility, except
a state mental health hospital or a state developmental center, the
report shall be made to the local ombudsperson or the local law
enforcement agency.
The local ombudsperson and the local law enforcement agency shall,
as soon as practicable, except in the case of an emergency or
pursuant to a report required to be made pursuant to clause (v), in
which case these actions shall be taken immediately, do all of the
following:
(i) Report to the State Department of Public Health any case of
known or suspected abuse occurring in a long-term health care
facility, as defined in subdivision (a) of Section 1418 of the Health
and Safety Code.
(ii) Report to the State Department of Social Services any case of
known or suspected abuse occurring in a residential care facility
for the elderly, as defined in Section 1569.2 of the Health and
Safety Code, or in an adult day care facility, as defined in
paragraph (2) of subdivision (a) of Section 1502.
(iii) Report to the State Department of Public Health and the
California Department of Aging any case of known or suspected abuse
occurring in an adult day health care center, as defined in
subdivision (b) of Section 1570.7 of the Health and Safety Code.
(iv) Report to the Bureau of Medi-Cal Fraud and Elder Abuse any
case of known or suspected criminal activity.
(v) Report all cases of known or suspected physical abuse and
financial abuse to the local district attorney's office in the county
where the abuse occurred.
(B) If the suspected or alleged abuse occurred in a state mental
hospital or a state developmental center, the report shall be made to
designated investigators of the State Department of State Hospitals
or the State Department of Developmental Services, or to the local
law enforcement agency.
Except in an emergency, the local law enforcement agency shall, as
soon as practicable, report any case of known or suspected criminal
activity to the Bureau of Medi-Cal Fraud and Elder Abuse.
(C) If the abuse has occurred any place other than one described
in subparagraph (A), the report shall be made to the adult protective
services agency or the local law enforcement agency.
(2) (A) A mandated reporter who is a clergy member who acquires
knowledge or reasonable suspicion of elder or dependent adult abuse
during a penitential communication is not subject to paragraph (1).
For purposes of this subdivision, "penitential communication" means a
communication that is intended to be in confidence, including, but
not limited to, a sacramental confession made to a clergy member who,
in the course of the discipline or practice of his or her church,
denomination, or organization is authorized or accustomed to hear
those communications and under the discipline tenets, customs, or
practices of his or her church, denomination, or organization, has a
duty to keep those communications secret.
(B) Nothing in this subdivision shall be construed to modify or
limit a clergy member's duty to report known or suspected elder and
dependent adult abuse when he or she is acting in the capacity of a
care custodian, health practitioner, or employee of an adult
protective services agency.
(C) Notwithstanding any other provision in this section, a clergy
member who is not regularly employed on either a full-time or
part-time basis in a long-term care facility or does not have care or
custody of an elder or dependent adult shall not be responsible for
reporting abuse or neglect that is not reasonably observable or
discernible to a reasonably prudent person having no specialized
training or experience in elder or dependent care.
(3) (A) A mandated reporter who is a physician and surgeon, a
registered nurse, or a psychotherapist, as defined in Section 1010 of
the Evidence Code, shall not be required to report, pursuant to
paragraph (1), an incident where all of the following conditions
exist:
(i) The mandated reporter has been told by an elder or dependent
adult that he or she has experienced behavior constituting physical
abuse, as defined in Section 15610.63, abandonment, abduction,
isolation, financial abuse, or neglect.
(ii) The mandated reporter is not aware of any independent
evidence that corroborates the statement that the abuse has occurred.
(iii) The elder or dependent adult has been diagnosed with a
mental illness or dementia, or is the subject of a court-ordered
conservatorship because of a mental illness or dementia.
(iv) In the exercise of clinical judgment, the physician and
surgeon, the registered nurse, or the psychotherapist, as defined in
Section 1010 of the Evidence Code, reasonably believes that the abuse
did not occur.
(B) This paragraph shall not be construed to impose upon mandated
reporters a duty to investigate a known or suspected incident of
abuse and shall not be construed to lessen or restrict any existing
duty of mandated reporters.
(4) (A) In a long-term care facility, a mandated reporter shall
not be required to report as a suspected incident of abuse, as
defined in Section 15610.07, an incident where all of the following
conditions exist:
(i) The mandated reporter is aware that there is a proper plan of
care.
(ii) The mandated reporter is aware that the plan of care was
properly provided or executed.
(iii) A physical, mental, or medical injury occurred as a result
of care provided pursuant to clause (i) or (ii).
(iv) The mandated reporter reasonably believes that the injury was
not the result of abuse.
(B) This paragraph shall not be construed to require a mandated
reporter to seek, nor to preclude a mandated reporter from seeking,
information regarding a known or suspected incident of abuse prior to
reporting. This paragraph shall apply only to those categories of
mandated reporters that the State Department of Public Health
determines, upon approval by the Bureau of Medi-Cal Fraud and Elder
Abuse and the state long-term care ombudsperson, have access to plans
of care and have the training and experience necessary to determine
whether the conditions specified in this section have been met.
(c) (1) Any mandated reporter who has knowledge, or reasonably
suspects, that types of elder or dependent adult abuse for which
reports are not mandated have been inflicted upon an elder or
dependent adult, or that his or her emotional well-being is
endangered in any other way, may report the known or suspected
instance of abuse.
(2) If the suspected or alleged abuse occurred in a long-term care
facility other than a state mental health hospital or a state
developmental center, the report may be made to the long-term care
ombudsperson program. Except in an emergency, the local ombudsperson
shall report any case of known or suspected abuse to the State
Department of Public Health and any case of known or suspected
criminal activity to the Bureau of Medi-Cal Fraud and Elder Abuse, as
soon as is practicable.
(3) If the suspected or alleged abuse occurred in a state mental
health hospital or a state developmental center, the report may be
made to the designated investigator of the State Department of State
Hospitals or the State Department of Developmental Services or to a
local law enforcement agency or to the local ombudsperson. Except in
an emergency, the local ombudsperson and the local law enforcement
agency shall report any case of known or suspected criminal activity
to the Bureau of Medi-Cal Fraud and Elder Abuse, as soon as is
practicable.
(4) If the suspected or alleged abuse occurred in a place other
than a place described in paragraph (2) or (3), the report may be
made to the county adult protective services agency.
(5) If the conduct involves criminal activity not covered in
subdivision (b), it may be immediately reported to the appropriate
law enforcement agency.
(d) When two or more mandated reporters are present and jointly
have knowledge or reasonably suspect that types of abuse of an elder
or a dependent adult for which a report is or is not mandated have
occurred, and when there is agreement among them, the telephone
report or Internet report, as authorized by Section 15658, may be
made by a member of the team selected by mutual agreement, and a
single report may be made and signed by the selected member of the
reporting team. Any member who has knowledge that the member
designated to report has failed to do so shall thereafter make the
report.
(e) A telephone report or Internet report, as authorized by
Section 15658, of a known or suspected instance of elder or dependent
adult abuse shall include, if known, the name of the person making
the report, the name and age of the elder or dependent adult, the
present location of the elder or dependent adult, the names and
addresses of family members or any other adult responsible for the
elder's or dependent adult's care, the nature and extent of the elder'
s or dependent adult's condition, the date of the incident, and any
other information, including information that led that person to
suspect elder or dependent adult abuse, as requested by the agency
receiving the report.
(f) The reporting duties under this section are individual, and no
supervisor or administrator shall impede or inhibit the reporting
duties, and no person making the report shall be subject to any
sanction for making the report. However, internal procedures to
facilitate reporting, ensure confidentiality, and apprise supervisors
and administrators of reports may be established, provided they are
not inconsistent with this chapter.
(g) (1) Whenever this section requires a county adult protective
services agency to report to a law enforcement agency, the law
enforcement agency shall, immediately upon request, provide a copy of
its investigative report concerning the reported matter to that
county adult protective services agency.
(2) Whenever this section requires a law enforcement agency to
report to a county adult protective services agency, the county adult
protective services agency shall, immediately upon request, provide
to that law enforcement agency a copy of its investigative report
concerning the reported matter.
(3) The requirement to disclose investigative reports pursuant to
this subdivision shall not include the disclosure of social services
records or case files that are confidential, nor shall this
subdivision be construed to allow disclosure of any reports or
records if the disclosure would be prohibited by any other provision
of state or federal law.
(h) Failure to report, or impeding or inhibiting a report of,
physical abuse, as defined in Section 15610.63, abandonment,
abduction, isolation, financial abuse, or neglect of an elder or
dependent adult, in violation of this section, is a misdemeanor,
punishable by not more than six months in the county jail, by a fine
of not more than one thousand dollars ($1,000), or by both that fine
and imprisonment. Any mandated reporter who
willfully fails to report, or impedes or inhibits a
report of, physical abuse, as defined in Section 15610.63,
abandonment, abduction, isolation, financial abuse, or neglect of an
elder or dependent adult, in violation of this section, where that
abuse results in death or great bodily injury, shall be punished by
not more than one year in a county jail, by a fine of not more than
five thousand dollars ($5,000), or by both that fine and
imprisonment. If a mandated reporter intentionally conceals his or
her failure to report an incident known by the mandated reporter to
be abuse or severe neglect under this section, the failure to report
is a continuing offense until a law enforcement agency specified in
paragraph (1) of subdivision (b) of Section 15630 discovers the
offense.
(i) For purposes of this section, "dependent adult" shall have the
same meaning as in Section 15610.23.
SEC. 203. Section 17601 of the Welfare and Institutions Code is
amended to read:
17601. On or before the 27th day of each month, the Controller
shall allocate to the mental health account of each local health and
welfare trust fund the amounts deposited and remaining unexpended and
unreserved on the 15th day of the month in the Mental Health
Subaccount of the Sales Tax Account in the Local Revenue Fund in
accordance with the following schedules:
(a) (1) Schedule A--State Hospital and Community Mental Health
Allocations.
Allocation
Jurisdiction Percentage
Alameda ......................... 4.882
Alpine .......................... 0.018
Amador .......................... 0.070
Butte ........................... 0.548
Calaveras ....................... 0.082
Colusa .......................... 0.073
Contra Costa..................... 2.216
Del Norte ....................... 0.088
El Dorado ....................... 0.285
Fresno .......................... 2.045
Glenn ........................... 0.080
Humboldt ........................ 0.465
Imperial ........................ 0.342
Inyo ............................ 0.104
Kern ............................ 1.551
Kings ........................... 0.293
Lake ............................ 0.167
Lassen .......................... 0.087
Los Angeles ..................... 28.968
Madera .......................... 0.231
Marin ........................... 0.940
Mariposa ........................ 0.054
Mendocino ....................... 0.332
Merced .......................... 0.546
Modoc ........................... 0.048
Mono ............................ 0.042
Monterey ........................ 0.950
Napa ............................ 0.495
Nevada .......................... 0.191
Orange .......................... 4.868
Placer .......................... 0.391
Plumas .......................... 0.068
Riverside ....................... 2.394
Sacramento ...................... 3.069
San Benito ...................... 0.090
San Bernardino................... 3.193
San Diego ....................... 5.603
San Francisco ................... 4.621
San Joaquin ..................... 1.655
San Luis Obispo ................. 0.499
San Mateo ....................... 2.262
Santa Barbara ................... 0.949
Santa Clara ..................... 4.112
Santa Cruz ...................... 0.558
Shasta .......................... 0.464
Sierra .......................... 0.026
Siskiyou ........................ 0.137
Solano .......................... 1.027
Sonoma .......................... 1.068
Stanislaus ...................... 1.034
Sutter/Yuba ..................... 0.420
Tehama .......................... 0.181
Trinity ......................... 0.055
Tulare .......................... 0.941
Tuolumne ........................ 0.121
Ventura ......................... 1.472
Yolo ............................ 0.470
Berkeley ........................ 0.190
Tri-City ........................ 0.165
The amounts allocated in accordance with Schedule A for the 1991-92
fiscal year shall be considered the base allocations for the 1992-93
fiscal year.
(2) The funds allocated pursuant to Schedule B shall be increased
to reflect the addition of percentages for the institutions for
mental disease allocation pursuant to paragraph (1) of subdivision
(c).
(3) The Controller shall allocate three million seven hundred
thousand dollars ($3,700,000) to the counties pursuant to a
percentage schedule developed by the Director of Health Care Services
as specified in subdivision (c) of Section 4095. The funds allocated
pursuant to Schedule A shall be increased to reflect the addition of
this schedule.
(4) (A) The State Department of Health Care Services may amend
Schedule A in order to restore counties funds associated with
multicounty regional programs.
(B) Notwithstanding any other provision of law, the State
Department of Health Care Services shall amend Schedule A for the
purpose of establishing mental health base allocations for each
county for the 1994-95 fiscal year and fiscal years thereafter, in
order to ensure that mental health base allocations for each county
do not fall below 75 percent of the allocations for the 1989-90
fiscal year. The money specified in subdivision (c) of Section
17605.05 shall be used for this purpose.
(b) (1) Schedule B--State Hospital Payment Schedule.
From the amounts allocated in accordance with Schedule A, each
county and city shall reimburse the Controller for reimbursement to
the State Department of Mental Health, or its successor, the State
Department of State Hospitals, for the 1991-92 fiscal year only, an
amount equal to one-ninth of the amount identified in Schedule B as
modified to reflect adjustments pursuant to paragraph (2) of
subdivision (a) of Section 4330. The reimbursements shall be due the
24th day of each month and the first payment shall be due on October
24, 1991. During the 1992-93 fiscal year and fiscal years thereafter,
each monthly reimbursement shall be one-twelfth of the total amount
of the county's contract with the State Department of Mental Health,
or its successor, the State Department of State Hospitals, for state
hospital services. If a county has not contracted with the State
Department of State Hospitals by July 1 of any given fiscal year,
each monthly reimbursement shall be an amount equal to one-twelfth
the number of beds provided to the county the previous fiscal year
multiplied by the current state rate as determined by the State
Department of State Hospitals.
First Year
State
Hospital
Jurisdiction Withholding
Alameda .......................... $ 15,636,372
Berkeley City ................... 0
Alpine ........................... 95,379
Amador ........................... 148,915
Butte ............................ 650,238
Calaveras ........................ 100,316
Colusa ........................... 189,718
Contra Costa ..................... 8,893,339
Del Norte ........................ 94,859
El Dorado ........................ 236,757
Fresno ........................... 1,429,379
Glenn ............................ 51,977
Humboldt ......................... 727,684
Imperial ......................... 259,887
Inyo ............................. 363,842
Kern ............................. 4,024,613
Kings ............................ 266,904
Lake ............................. 292,373
Lassen ........................... 167,367
Los Angeles ...................... 102,458,700
Tri-City ........................ 0
Madera ........................... 131,243
Marin ............................ 3,248,590
Mariposa ......................... 117,989
Mendocino ........................ 471,955
Merced ........................... 404,125
Modoc ............................ 94,859
Mono ............................. 94,859
Monterey ......................... 2,079,097
Napa ............................. 2,338,985
Nevada ........................... 493,786
Orange ........................... 14,066,133
Placer ........................... 847,232
Plumas ........................... 130,463
Riverside ........................ 4,891,077
Sacramento ....................... 4,547,506
San Benito ....................... 259,887
San Bernardino ................... 5,587,574
San Diego ........................ 6,734,976
San Francisco .................... 23,615,688
San Joaquin ...................... 927,018
San Luis Obispo .................. 719,887
San Mateo ........................ 6,497,179
Santa Barbara .................... 2,168,758
Santa Clara ...................... 7,106,095
Santa Cruz ....................... 1,403,391
Shasta ........................... 1,169,492
Sierra ........................... 94,859
Siskiyou ......................... 129,944
Solano ........................... 5,332,885
Sonoma ........................... 2,669,041
Stanislaus ....................... 1,740,205
Sutter/Yuba ...................... 363,842
Tehama ........................... 363,842
Trinity .......................... 94,859
Tulare ........................... 675,707
Tuolumne ......................... 304,328
Ventura .......................... 3,378,533
Yolo ............................. 1,169,492
(2) (A) (i) During the 1992-93 fiscal year, in lieu of making the
reimbursement required by paragraph (1), a county may elect to
authorize the Controller to reimburse the State Hospital Account of
the Mental Health Facilities Fund a pro rata share each month
computed by multiplying the ratio of the reimbursement amount owed by
the county as specified in Schedule B to the total amount of money
projected to be allocated to the county pursuant to Schedule A by the
funds available for deposit in the mental health account of the
county's health and welfare trust fund.
(ii) The reimbursement shall be made monthly on the same day the
Controller allocates funds to the local health and welfare trust
funds.
(B) During the 1992-93 fiscal year and thereafter, the amount to
be reimbursed each month shall be computed by multiplying the ratio
of the county's contract for state hospital services to the amount of
money projected to be allocated to the county pursuant to Schedule A
by the funds available for deposit in the mental health account of
the county's health and welfare trust fund.
(C) All reimbursements, deposits, and transfers made to the Mental
Health Facilities Fund pursuant to a county election shall be deemed
to be deposits to the local health and welfare trust fund.
(3) (A) Counties shall notify the Controller, in writing, by
October 15, 1991, upon making the election pursuant to paragraph (2).
The election shall be binding for the fiscal year. The pro rata
share of allocations made prior to the election by the county shall
be withheld from allocations in subsequent months until paid.
(B) For the 1992-93 fiscal year and fiscal years thereafter,
counties shall notify the Controller, in writing, by July 1 of the
fiscal year for which the election is made, upon making the election
pursuant to paragraph (2).
(4) Regardless of the reimbursement option elected by a county, no
county shall be required to reimburse the Mental Health Facilities
Fund by an amount greater than the amount identified in Schedule B as
modified to reflect adjustments pursuant to paragraph (2) of
subdivision (a) of Section 4330.
(c) (1) For the 1991-92 fiscal year, the Controller shall
distribute monthly beginning in October from the Mental Health
Subaccount of the Sales Tax Account of the Local Revenue Fund to the
mental health account of each local health and welfare trust fund
one-ninth of the amount allocated to the county in accordance with
the institutions for mental disease allocation schedule established
by the State Department of Mental Health.
(2) Each county shall forward to the Controller, monthly, an
amount equal to one-ninth of the amount identified in the schedule
established by the State Department of Mental Health. The
reimbursements shall be due by the 24th day of the month to which
they apply, and the first payment shall be due October 24, 1991.
These amounts shall be deposited in the Institutions for Mental
Disease Account in the Mental Health Facilities Fund.
(3) (A) (i) During the 1991-92 fiscal year, in lieu of making the
reimbursement required by paragraph (1), a county may elect to
authorize the Controller to reimburse the Institutions for Mental
Disease Account of the Mental Health Facilities Fund a pro rata share
each month computed by multiplying the ratio of the reimbursement
amount owed by the county as specified in Schedule B to the total
amount of money projected to be allocated to the county pursuant to
Schedule A by the funds available for deposit in the mental health
account of the county's health and welfare trust fund.
(ii) The reimbursement shall be made monthly on the same day the
Controller allocates funds to the local health and welfare trust
funds.
(B) During the 1992-93 fiscal year and thereafter, the amount to
be reimbursed each month shall be computed by multiplying the ratio
of the county's contract for mental health services to the amount of
money projected to be allocated to the county pursuant to Schedule A
by the funds available for deposit in the mental health account of
the county's health and welfare trust fund.
(C) All reimbursements, deposits, and transfers made to the Mental
Health Facilities Fund pursuant to a county election shall be deemed
to be deposits to the local health and welfare trust fund.
(4) (A) Counties shall notify the Controller, in writing, by
October 15, 1991, upon making the election pursuant to paragraph (3).
The election shall be binding for the fiscal year. The pro rata
share of allocations made prior to the election by the county shall
be withheld from allocations in subsequent months until paid.
(B) For the 1992-93 fiscal year and fiscal years thereafter,
counties shall notify the Controller, in writing, by July 1 of the
fiscal year for which the election is made, upon making the election
pursuant to paragraph (2).
(5) Regardless of the reimbursement option elected by a county, no
county shall be required to reimburse the Institutions for Mental
Disease Account in the Mental Health Facilities Fund an amount
greater than the amount identified in the schedule developed by the
State Department of Mental Health pursuant to paragraph (1).
(d) The Controller shall withhold the allocation of funds pursuant
to subdivision (a) in any month a county does not meet the
requirements of paragraph (1) of subdivision (b) or paragraph (2) of
subdivision (c), in the amount of the obligation and transfer the
funds withheld to the State Department of State Hospitals and the
State Department of Health Care Services for deposit in the State
Hospital Account or the Institutions for Mental Disease Account in
the Mental Health Facilities Fund, as appropriate.
SEC. 204. Section 17601.05 of the Welfare and Institutions Code is
amended to read:
17601.05. (a) There is hereby created the Mental Health
Facilities Fund, which shall have the following accounts:
(1) The State Hospital Account.
(2) The Institutions for Mental Disease Account.
(b) Funds deposited in the State Hospital Account are continuously
appropriated, notwithstanding Section 13340 of the Government Code,
without regard to fiscal years, for disbursement monthly to the State
Department of State Hospitals for costs incurred pursuant to Chapter
4 (commencing with Section 4330) of Part 2 of Division 4.
(c) Funds deposited in the Institutions for Mental Disease Account
of the Mental Health Facilities Fund are continuously appropriated,
notwithstanding Section 13340 of the Government Code, without regard
to fiscal years, for disbursement monthly to the State Department of
Health Care Services for costs incurred pursuant to Part 5
(commencing with Section 5900) of Division 4.
SEC. 205. Section 17601.10 of the Welfare and Institutions Code is
amended to read:
17601.10. (a) The State Department of State Hospitals may request
a loan from the General Fund in an amount that shall not exceed one
hundred million dollars ($100,000,000) for the purposes of meeting
cashflow needs in its state hospital operations due to delays in the
receipt of reimbursements from counties.
(b) The Controller shall liquidate any loan, in accordance with
Section 16314 of the Government Code, from the next available
deposits into the State Hospital Account in the Mental Health
Facilities Fund.
(c) If a loan remains outstanding at the end of any fiscal year,
the State Department of State Hospitals shall determine the amount of
the loan attributable to a shortfall in payments by counties against
the amount due in Schedule B in the 1991-92 fiscal year or the
contract amount for beds purchased in each subsequent fiscal year.
The State Department of State Hospitals shall determine any amounts
due to counties pursuant to subdivision (d) of Section 4330. The
State Department of State Hospitals shall invoice each county for any
outstanding balance. Sixty days after an invoice has been provided
and upon notice to the Controller by the State Department of State
Hospitals, the Controller shall collect an amount from the county's
allocation to the mental health account of the local health and
welfare trust fund that is sufficient to pay any outstanding balance
of the invoice. If these amounts do not provide sufficient funds to
repay the outstanding loan, the Controller shall liquidate the
balance from the next available deposits into the Mental Health
Subaccount in the Sales Tax Account in the Local Revenue Fund.
SEC. 206. (a) It is the intent of the Legislature that any changes
in staffing ratios at the state's mental hospitals address adequate
staff and patient safety standards, and that staffing ratios may vary
based on patient acuity.
(b) It is further the intent of the Legislature that adult
education in the state hospitals is not to be eliminated or
substantially reduced.
SEC. 207. The sum of one thousand dollars ($1,000) is hereby
appropriated from the General Fund to the State Department of Health
Care Services for administration.
SEC. 208. This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.