BILL ANALYSIS Ó
SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW
Mark Leno, Chair
Bill No: AB 1470
Author: Committee on Budget
As Amended: June 13, 2012
Consultant: Joe Stephenshaw
Fiscal: Yes
Hearing Date: June 14, 2012
Subject: Budget Act of 2012: State Hospitals
Summary: Provides for statutory changes necessary to enact
the State Hospital provisions of the Budget Act of 2012.
Background: This is the State Hospitals Budget Trailer
Bill. It contains the necessary changes to enact the
Budget Act for 2012-13, as follows:
1. Establishes the Department of State Hospitals (DSH)
Consistent with the transfer of community mental
health functions to other state departments, primarily
the Department of Health Care Services, makes various
technical statutory changes necessary to eliminate the
Department of Mental Health (DMH) and establish the
DSH, which will have the singular focus of providing
oversight, safety, and accountability at the state's
five mental health hospitals and other psychiatric
facilities. The majority of the amendments contained
in this bill consist of changing statutory references
to DMH to DSH. In addition, various obsolete
reporting requirements are eliminated.
2. Increases County Bed Rate
Establishes that, if a county has not contracted with
the DSH by July 1 of any given fiscal year, that 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. This allows DSH to recover, from
counties, a greater share of the cost of housing civil
commitments and results in GF savings of $20 million
in 2012-13.
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3. Expands the Incompetent to Stand Trial (IST)
Program (IST)
Provides for expanded authority to treat IST patients
in county jails rather than in state hospitals. In
2007, a pilot program to test a more efficient and
less costly process to restore competency for IST
defendants by providing services in county jails, in
lieu of providing them within state hospitals, was
established in San Bernardino County. The LAO
estimates that the state achieved approximately $1.2
million in savings from the San Bernardino County
pilot project. Expanding this program will result in
$3 million in GF savings in 2012-13.
4. Deletes the Time Cap on Exception to Treatment for
Probable Cause Sexually Violent Predators
For the purpose of Department of Public Health
Licensure, removes a six-year limit for suspending
treatment for probable cause sexually violent
predators at Coalinga State Hospital, allowing for an
indefinite suspension.
5. Legislative Intent for Staffing
States the Legislature's intent 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.
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