BILL NUMBER: AB 2370 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 29, 2012
AMENDED IN SENATE AUGUST 15, 2012
AMENDED IN SENATE JUNE 20, 2012
AMENDED IN SENATE JUNE 6, 2012
AMENDED IN ASSEMBLY APRIL 9, 2012
INTRODUCED BY Assembly Member Mansoor
(Coauthors: Assembly Members Ammiano, Beall, Hill, Perea, V.
Manuel Pérez, Valadao, Wieckowski, and Yamada)
(Coauthors: Senators Anderson, Padilla, and Strickland)
FEBRUARY 24, 2012
An act to amend Sections 4502 and 17206.1 of the Business and
Professions Code, to amend Section 1761 of the Civil Code, to amend
Sections 8769, 16191, 16195, 16196, 16200, 41306, 41401, and 51765 of
the Education Code, to amend Sections 854.2, 6514, 12428, 12926,
14670.1, 14670.2, 14670.3, 14670.5, 14672.1, 14672.92, 16813, 16814,
and 16816 of the Government Code, to amend Sections 1275.5, 1337.1,
1337.3, 13113, 51312, 110403, 123935, 125000, 127260, and 129395 of
the Health and Safety Code, to amend Sections 10118, 10124, and
10203.4 of the Insurance Code, to amend Sections 1001.20, 1346,
1370.1, 1376, and 2962 of the Penal Code, to amend Section 1420 of
the Probate Code, to amend Section 25276 of the Vehicle Code, and to
amend Sections 4417, 4426, 4512, 4801, 5002, 5008, 5325, 5585.25,
6250, 6505, 6513, 6551, 6715, 6717, 6740, 6741, 7275, 7351, and 11014
of, to amend the heading of Article 2 (commencing with Section 6500)
of Chapter 2 of, to amend the heading of Article 4 (commencing with
Section 6715) of Chapter 3 of, and to amend the heading of Article 4
(commencing with Section 6740) of Chapter 4 of, Part 2 of Division 6
of, the Welfare and Institutions Code, relating to intellectual
disabilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 2370, as amended, Mansoor. Mental retardation: change of term
to intellectual disabilities.
Existing federal Medicaid provisions require a state to describe
its Medicaid program in its state plan, which is required by federal
law to provide for, among other things, a public process for
determination of rates of payment under the plan for hospital
services, nursing facility services, and services of intermediate
care facilities for the mentally retarded.
Under existing law, various state statutes refer to mentally
retarded persons in provisions relating to, among other things,
services, commitment to state facilities, and criminal punishment.
This bill, which would be known as the Shriver "R-Word" Act, would
revise various statutes to, instead, refer to a person with an
intellectual disability. The bill would also state the intent of the
Legislature that the bill not be construed to change the coverage,
eligibility, rights, responsibilities, or substantive definitions
referred to in the amended provisions of the bill.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the
Shriver "R-Word" Act.
SEC. 2. Section 4502 of the Business and Professions Code is
amended to read:
4502. As used in this chapter, "psychiatric technician" means any
person who, for compensation or personal profit, implements
procedures and techniques that involve understanding of cause and
effect and that are used in the care, treatment, and rehabilitation
of mentally ill or emotionally disturbed persons, or persons with
intellectual disabilities, and who has one or more of the following:
(a) Direct responsibility for administering or implementing
specific therapeutic procedures, techniques, treatments, or
medications with the aim of enabling recipients or patients to make
optimal use of their therapeutic regime, their social and personal
resources, and their residential care.
(b) Direct responsibility for the application of interpersonal and
technical skills in the observation and recognition of symptoms and
reactions of recipients or patients, for the accurate recording of
these symptoms and reactions, and for the carrying out of treatments
and medications as prescribed by a licensed physician and surgeon or
a psychiatrist.
The psychiatric technician in the performance of these procedures
and techniques is responsible to the director of the service in which
his or her duties are performed. The director may be a licensed
physician and surgeon, psychiatrist, psychologist, rehabilitation
therapist, social worker, registered nurse, or other professional
personnel.
Nothing herein shall authorize a licensed psychiatric technician
to practice medicine or surgery or to undertake the prevention,
treatment, or cure of disease, pain, injury, deformity, or mental or
physical condition in violation of the law.
SEC. 3. Section 17206.1 of the Business and Professions Code is
amended to read:
17206.1. (a) (1) In addition to any liability for a civil penalty
pursuant to Section 17206, a person who violates this chapter, and
the act or acts of unfair competition are perpetrated against one or
more senior citizens or disabled persons, may be liable for a civil
penalty not to exceed two thousand five hundred dollars ($2,500) for
each violation, which may be assessed and recovered in a civil action
as prescribed in Section 17206.
(2) Subject to subdivision (d), any civil penalty shall be paid as
prescribed by subdivisions (b) and (c) of Section 17206.
(b) As used in this section, the following terms have the
following meanings:
(1) "Senior citizen" means a person who is 65 years of age or
older.
(2) "Disabled person" means a person who has a physical or mental
impairment that substantially limits one or more major life
activities.
(A) As used in this subdivision, "physical or mental impairment"
means any of the following:
(i) A physiological disorder or condition, cosmetic disfigurement,
or anatomical loss substantially affecting one or more of the
following body systems: neurological; musculoskeletal; special sense
organs; respiratory, including speech organs; cardiovascular;
reproductive; digestive; genitourinary; hemic and lymphatic; skin; or
endocrine.
(ii) A mental or psychological disorder, including intellectual
disability, organic brain syndrome, emotional or mental illness, and
specific learning disabilities.
"Physical or mental impairment" includes, but is not limited to,
diseases and conditions including orthopedic, visual, speech, and
hearing impairment, cerebral palsy, epilepsy, muscular dystrophy,
multiple sclerosis, cancer, heart disease, diabetes, intellectual
disability, and emotional illness.
(B) "Major life activities" means functions that include caring
for one's self, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, and working.
(c) In determining whether to impose a civil penalty pursuant to
subdivision (a) and the amount thereof, the court shall consider, in
addition to any other appropriate factors, the extent to which one or
more of the following factors are present:
(1) Whether the defendant knew or should have known that his or
her conduct was directed to one or more senior citizens or disabled
persons.
(2) Whether the defendant's conduct caused one or more senior
citizens or disabled persons to suffer any of the following: loss or
encumbrance of a primary residence, principal employment, or source
of income; substantial loss of property set aside for retirement, or
for personal or family care and maintenance; or substantial loss of
payments received under a pension or retirement plan or a government
benefits program, or assets essential to the health or welfare of the
senior citizen or disabled person.
(3) Whether one or more senior citizens or disabled persons are
substantially more vulnerable than other members of the public to the
defendant's conduct because of age, poor health or infirmity,
impaired understanding, restricted mobility, or disability, and
actually suffered substantial physical, emotional, or economic damage
resulting from the defendant's conduct.
(d) A court of competent jurisdiction hearing an action pursuant
to this section may make orders and judgments as necessary to restore
to a senior citizen or disabled person money or property, real or
personal, that may have been acquired by means of a violation of this
chapter. Restitution ordered pursuant to this subdivision shall be
given priority over recovery of a civil penalty designated by the
court as imposed pursuant to subdivision (a), but shall not be given
priority over a civil penalty imposed pursuant to subdivision (a) of
Section 17206. If the court determines that full restitution cannot
be made to those senior citizens or disabled persons, either at the
time of judgment or by a future date determined by the court, then
restitution under this subdivision shall be made on a pro rata basis
depending on the amount of loss.
SEC. 4. Section 1761 of the Civil Code is amended to read:
1761. As used in this title:
(a) "Goods" means tangible chattels bought or leased for use
primarily for personal, family, or household purposes, including
certificates or coupons exchangeable for these goods, and including
goods that, at the time of the sale or subsequently, are to be so
affixed to real property as to become a part of real property,
whether or not they are severable from the real property.
(b) "Services" means work, labor, and services for other than a
commercial or business use, including services furnished in
connection with the sale or repair of goods.
(c) "Person" means an individual, partnership, corporation,
limited liability company, association, or other group, however
organized.
(d) "Consumer" means an individual who seeks or acquires, by
purchase or lease, any goods or services for personal, family, or
household purposes.
(e) "Transaction" means an agreement between a consumer and
another person, whether or not the agreement is a contract
enforceable by action, and includes the making of, and the
performance pursuant to, that agreement.
(f) "Senior citizen" means a person who is 65 years of age or
older.
(g) "Disabled person" means a person who has a physical or mental
impairment that substantially limits one or more major life
activities.
(1) As used in this subdivision, "physical or mental impairment"
means any of the following:
(A) A physiological disorder or condition, cosmetic disfigurement,
or anatomical loss substantially affecting one or more of the
following body systems: neurological; musculoskeletal; special sense
organs; respiratory, including speech organs; cardiovascular;
reproductive; digestive; genitourinary; hemic and lymphatic; skin; or
endocrine.
(B) A mental or psychological disorder, including intellectual
disability, organic brain syndrome, emotional or mental illness, and
specific learning disabilities. "Physical or mental impairment"
includes, but is not limited to, diseases and conditions that include
orthopedic, visual, speech, and hearing impairment, cerebral palsy,
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart
disease, diabetes, intellectual disability, and emotional illness.
(2) "Major life activities" means functions that include caring
for one's self, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, and working.
(h) "Home solicitation" means a transaction made at the consumer's
primary residence, except those transactions initiated by the
consumer. A consumer response to an advertisement is not a home
solicitation.
SEC. 5. Section 8769 of the Education Code is amended to read:
8769. The county superintendent of schools may, with the approval
of the county board of education, lease real or personal property
for the purpose of care, teaching, and training of physically
handicapped children or children with intellectual disabilities if
the property is not required for outdoor science education and
conservation education, upon the terms and conditions that are agreed
upon.
SEC. 6. Section 16191 of the Education Code is amended to read:
16191. As used in this article, "exceptional children" means
physically handicapped pupils, pupils with intellectual disabilities,
educationally handicapped pupils, multihandicapped pupils, or pupils
enrolled in development centers for the handicapped required or
allowed to be educated pursuant to Part 30 (commencing with Section
56000).
SEC. 7. Section 16195 of the Education Code is amended to read:
16195. Allocations under this article may be made in the amount
as may be necessary, and in the manner as to distribute the available
funds equitably among school districts, giving consideration to the
needs of each district and the number of children within each
district who are blind, partially seeing, aphasic, deaf, hard of
hearing, orthopedically impaired, or have an intellectual disability,
or who are health impaired, multihandicapped, speech handicapped,
educationally handicapped, or enrolled in development centers for the
handicapped.
In computing the number of those children, there shall be included
all of the following:
(a) The number of them residing in the district.
(b) The number of handicapped minors who are actually living
within the district five or more days a week, although their legal
residence may be outside the district, and who are educated pursuant
to former Section 56708, as enacted by Section 2 of Chapter 1010 of
the Statutes of 1976.
(c) The number of them who reside outside of the district, except
those described in subdivision (b), and who are to be educated by the
district, excluding minors with intellectual disabilities within
former Section 56501, as amended by Section 58 of Chapter 1247 of the
Statutes of 1977, who reside within a district having an average
daily attendance of 900 or more and that does not meet the
requirements of Section 16058 concerning outstanding bonded
indebtedness.
Allocations for housing and equipment for minors having speech
defects or disorders shall be allowed in new schools constructed
after July 1, 1968, and in existing schools constructed between July
1, 1933, and July 1, 1968. The housing and equipment shall be
designed and provided to permit their utilization for remedial and
other special services including speech therapy, speech reading
(lipreading), and auditory training for the speech and hearing
handicapped, screening and testing for speech and hearing defects, or
both, psychological testing of exceptional children, subject matter
tutoring of exceptional children, and other specialized activities
required by these children. In addition to the maximum building area
allowances provided in Sections 16047, 16052, 16053, and 16054, not
more than an additional 200 square feet of building area shall be
allowed for each new school so planned and constructed.
Each existing school, constructed between July 1, 1933, and July
1, 1968, shall be allowed not more than an additional 200 square feet
of building area only for construction thereon of a new speech
facility. At the option of the applicant district, the board may
allocate funds to convert existing facilities or to provide a
combination of new construction and conversion of existing facilities
to provide housing for minors having speech defects or disorders,
provided the cost of the conversion or combination of new
construction and conversion does not exceed the computed cost for 200
square feet of new classroom construction based upon cost standards
adopted by the board. At the further option of the applicant
district, and in lieu of new building construction or conversion, the
board may allocate funds for the acquisition of mobile speech
therapy facilities, provided the cost of the mobile facilities does
not exceed the combined computed cost for 200 square feet of new
classroom construction, based upon cost standards adopted by the
board, at all schools that will be served by the mobile facility.
SEC. 8. Section 16196 of the Education Code is amended to read:
16196. Notwithstanding any provision of this article to the
contrary, apportionments for the construction of facilities and the
purchase of essential furniture and equipment for the education of
exceptional children may, subject to the approval of the State
Department of Education, be made to a school district not otherwise
eligible to receive apportionments under Article 1 (commencing with
Section 16000) and Article 2 (commencing with Section 16150) of this
chapter, for the education of blind, partially seeing, aphasic, deaf,
hard of hearing, orthopedically impaired or other health-impaired,
multihandicapped, and educationally handicapped minors, minors with
intellectual disabilities, pupils having speech defects or disorders,
or pupils enrolled in development centers for the handicapped.
The State Department of Education may approve applications if the
facilities will be used by a county superintendent of schools
required to educate physically handicapped minors pursuant to former
Section 1850, as enacted by Section 2 of Chapter 1010 of the Statutes
of 1976, and minors with intellectual disabilities pursuant to
former Section 1880, as enacted by Section 2 of Chapter 1010 of the
Statutes of 1976. A school district may educate these minors by
agreement with a county superintendent of schools required to educate
these minors. Priority in the use of the facilities shall be given
to pupils from districts other than the applicant district.
Except as otherwise provided in this section, not more than 50
percent of the amount of an apportionment made pursuant to this
section shall be repaid. Repayments shall be made in the following
manner: 50 percent of the amount of the apportionment shall be repaid
in full with interest by the district, in the annual amounts and at
the interest rate over the period as the State Allocation Board may
determine, not to exceed 20 years from the date the apportionment
became final. In a school year in which 50 percent or more of the
pupils in average daily attendance, as determined by the county
superintendent of schools, and served by the facilities are not
pupils from districts other than the applicant district, the
repayment for the succeeding fiscal year shall be an amount that
would have been payable if the district had been required to repay
100 percent of the apportionment over that period.
The county board of supervisors of the county whose superintendent
of schools conducts classes in the facility during any fiscal year
shall at that time or times within the fiscal year that may be agreed
upon between the county and the school district, but in any case not
later than the end of the fiscal year, pay to the school district
having the obligation to repay the apportionment made under this
section for the construction of the facility, an amount equal to 80
percent of the amount the district is required to repay in the fiscal
year with respect to the apportionment described above.
The county board of supervisors shall raise the amount required
through a general tax levy on the property within the participating
districts, or through a tuition charge not to exceed one hundred
sixty dollars ($160) a year per pupil by the county superintendent of
schools to the school districts of residence of pupils attending the
facility other than the district having the obligation to repay, or
through a combination of these.
The county superintendent of schools shall notify the county board
of supervisors of his or her intention to approve a school district'
s application for an allocation under this article before he or she
approves the application.
SEC. 9. Section 16200 of the Education Code is amended to read:
16200. Notwithstanding any provision of this article to the
contrary, the board may make apportionments to school districts not
otherwise eligible to receive apportionments under Article 1
(commencing with Section 16000) and Article 2 (commencing with
Section 16150) for the construction of special education facilities
and the purchase of essential furniture and equipment for the purpose
of either or both of the following: (1) educating those physically
handicapped and educationally handicapped pupils and pupils with
intellectual disabilities who regularly reside in an established,
licensed children's institution or family home and are being educated
pursuant to former Section 42902, as amended by Section 1 of Chapter
1173 of the Statutes of 1977, and (2) educating handicapped pupils
in development centers for handicapped pupils pursuant to former
Article 1 (commencing with Section 56800) of Chapter 6 of Part 30, as
enacted by Section 2 of Chapter 1010 of the Statutes of 1976.
Only 50 percent of any amounts allocated and disbursed to a
district under this section shall be repaid by the district. Each
disbursement shall be repaid in 20 equal annual installments,
including interest as determined by the board, and shall be computed
and withheld by the Controller. The first computation of repayment of
any disbursement shall be made in the fiscal year following the
disbursement and shall during the next fiscal year be deducted in
equal amounts from the February, March, April, and May installments
of the apportionment made to the district from the State School Fund
under Sections 41330 to 41343, inclusive, and Sections 41600 to
41972, inclusive.
SEC. 10. Section 41306 of the Education Code is amended to read:
41306. The Superintendent of Public Instruction shall also allow
as otherwise provided in Section 41304 for the driver training
instruction necessary to be safely tested for a driver's license at
the Department of Motor Vehicles, those physically handicapped
pupils, pupils with intellectual disabilities who come within the
provisions of former Section 56501, as amended by Chapter 1247 of the
Statutes of 1977, and educationally handicapped pupils who are in
attendance in a public secondary school in California that offers
qualified instruction, and who may qualify for a driver's license, or
other license, issued by the Department of Motor Vehicles, a total
allowance not to exceed two hundred ninety dollars ($290) including
the reimbursement provisions set forth in Section 41900 to each
school district and county superintendent of schools. All driver
training for pupils herein described shall be provided by qualified
teachers, as defined by Sections 41906 and 41907. This section may
not be applied if reimbursement allowable under Sections 41900 to
41912, inclusive, is sufficient to meet the total cost of instruction
as herein described.
It is the intent of the Legislature that driver training
instruction be provided to pupils as a part of the high school
curriculum, and the Legislature finds and declares that exceptional
children are entitled to the benefit of that instruction so far as
their individual capabilities permit, understanding that those pupils
herein described often require individualized and amplified driver
training instruction in order to succeed in becoming safe operators
of motor vehicles. Since without a means of self-transportation much
of the overall program of education and rehabilitation provided for
by the Legislature would be of little avail to the person without the
mobility required to become a productive and well-adjusted member of
society, the Legislature further declares that it is incumbent upon
the state to share in the cost of providing a most needed and
desirable program of driver training instruction for these
exceptional children.
SEC. 11. Section 41401 of the Education Code is amended to read:
41401. For the purposes of this article:
(a) "Administrative employee" means an employee of a school
district, employed in a position requiring certification
qualifications, who does not come within the definition set forth in
subdivision (c) or (d).
(b) "Classified employee" means an employee of a school district,
employed in a position not requiring certification qualifications.
(c) "Pupil services employee" means an employee of a school
district, employed in a position requiring a standard designated
services credential, health and development credential, or a
librarian credential, who performs direct services to pupils. "Pupil
services employee" includes, but is not limited to, in-school
librarians, school nurses, assistant in-school librarians,
audiovisual personnel, counselors, psychologists, psychometrists,
guidance and welfare personnel, attendance personnel, school social
workers, and all other certificated personnel performing
pupil-personnel, health, or librarian services.
(d) "Teacher" means an employee of a school district, employed in
a position requiring certification qualifications, whose duties
require him or her to provide direct instruction to pupils in the
schools of that district for the full time for which he or she is
employed. "Teacher" includes, but is not limited to, teachers of
special classes, teachers of exceptional children, teachers of pupils
with physical disabilities, teachers of minors with intellectual
disabilities, substitute teachers, instructional television teachers,
specialist mathematics teachers, specialist reading teachers, home
and hospital teachers, and learning disability group teachers.
Instructional preparation time shall be counted as part of the
teacher full-time equivalent, including, but not limited to, mentor
teacher or department chairperson time.
SEC. 12. Section 51765 of the Education Code is amended to read:
51765. The governing board of a school district that establishes
and supervises a work experience education program in which pupils
with intellectual disabilities are employed in part-time jobs may use
funds derived from any source, to the extent permissible by
appropriate law or regulation, to pay the wages of pupils so
employed.
The Legislature hereby finds and declares that the authority
granted by this section is necessary to ensure that the work
experience education program will continue to provide maximum
educational benefit to students, particularly pupils with
intellectual disabilities, and that the program is deemed to serve a
public purpose.
SEC. 13. Section 854.2 of the Government Code is amended to read:
854.2. As used in this chapter, "mental institution" means a
state hospital for the care and treatment of the mentally disordered
or persons with intellectual disabilities, the California
Rehabilitation Center referred to in Section 3300 of the Welfare and
Institutions Code, or a county psychiatric hospital.
SEC. 14. Section 6514 of the Government Code is amended to read:
6514. A state department or agency concerned with the provisions
of services or facilities to persons with intellectual disabilities
and their families may enter into agreements under this chapter.
SEC. 15. Section 12428 of the Government Code is amended to read:
12428. In the event either the Governor or the Legislature should
obtain federal approval to transfer programs receiving federal
support for persons who have an intellectual disability or mental
disorder from one state department to another state department under
the provisions of Public Law 90-577 (Intergovernmental Cooperation
Act of 1968), the Controller shall, upon approval of the Director of
Finance, transfer to a department designated by the Governor the
parts of the appropriation of the other departments that are related
to programs for persons who have an intellectual disability or mental
disorder, provided further, that the transfer shall enable the state
to make maximum utilization of available state and federal funds.
SEC. 16. Section 12926 of the Government Code is amended to read:
12926. As used in this part in connection with unlawful
practices, unless a different meaning clearly appears from the
context:
(a) "Affirmative relief" or "prospective relief" includes the
authority to order reinstatement of an employee, awards of backpay,
reimbursement of out-of-pocket expenses, hiring, transfers,
reassignments, grants of tenure, promotions, cease and desist orders,
posting of notices, training of personnel, testing, expunging of
records, reporting of records, and any other similar relief that is
intended to correct unlawful practices under this part.
(b) "Age" refers to the chronological age of an individual who has
reached his or her 40th birthday.
(c) "Employee" does not include an individual employed by his or
her parents, spouse, or child, or an individual employed under a
special license in a nonprofit sheltered workshop or rehabilitation
facility.
(d) "Employer" includes a person regularly employing five or more
persons, or a person acting as an agent of an employer, directly or
indirectly, the state or a political or civil subdivision of the
state, and cities, except as follows:
"Employer" does not include a religious association or corporation
not organized for private profit.
(e) "Employment agency" includes a person undertaking for
compensation to procure employees or opportunities to work.
(f) "Essential functions" means the fundamental job duties of the
employment position the individual with a disability holds or
desires. "Essential functions" does not include the marginal
functions of the position.
(1) A job function may be considered essential for any of several
reasons, including, but not limited to, any one or more of the
following:
(A) The function may be essential because the reason the position
exists is to perform that function.
(B) The function may be essential because of the limited number of
employees available among whom the performance of that job function
can be distributed.
(C) The
function may be highly specialized, so that the incumbent in the
position is hired for his or her expertise or ability to perform the
particular function.
(2) Evidence of whether a particular function is essential
includes, but is not limited to, the following:
(A) The employer's judgment as to which functions are essential.
(B) Written job descriptions prepared before advertising or
interviewing applicants for the job.
(C) The amount of time spent on the job performing the function.
(D) The consequences of not requiring the incumbent to perform the
function.
(E) The terms of a collective bargaining agreement.
(F) The work experiences of past incumbents in the job.
(G) The current work experience of incumbents in similar jobs.
(g) (1) "Genetic information" means, with respect to an
individual, information about any of the following:
(A) The individual's genetic tests.
(B) The genetic tests of family members of the individual.
(C) The manifestation of a disease or disorder in family members
of the individual.
(2) "Genetic information" includes a request for, or receipt of,
genetic services, or participation in clinical research that includes
genetic services, by an individual or a family member of the
individual.
(3) "Genetic information" does not include information about the
sex or age of an individual.
(h) "Labor organization" includes an organization that exists and
is constituted for the purpose, in whole or in part, of collective
bargaining or of dealing with employers concerning grievances, terms
or conditions of employment, or of other mutual aid or protection.
(i) "Medical condition" means either of the following:
(1) A health impairment related to or associated with a diagnosis
of cancer or a record or history of cancer.
(2) Genetic characteristics. For purposes of this section,
"genetic characteristics" means either of the following:
(A) A scientifically or medically identifiable gene or chromosome,
or combination or alteration thereof, that is known to be a cause of
a disease or disorder in a person or his or her offspring, or that
is determined to be associated with a statistically increased risk of
development of a disease or disorder, and that is presently not
associated with any symptoms of a disease or disorder.
(B) Inherited characteristics that may derive from the individual
or family member, that are known to be a cause of a disease or
disorder in a person or his or her offspring, or that are determined
to be associated with a statistically increased risk of development
of a disease or disorder, and that are presently not associated with
any symptoms of a disease or disorder.
(j) "Mental disability" includes, but is not limited to, all of
the following:
(1) Having a mental or psychological disorder or condition,
including an intellectual disability, organic brain syndrome,
emotional or mental illness, or specific learning disabilities, that
limits a major life activity. For purposes of this section:
(A) "Limits" shall be determined without regard to mitigating
measures, including medications, assistive devices, or reasonable
accommodations, unless the mitigating measure itself limits a major
life activity.
(B) A mental or psychological disorder or condition limits a major
life activity if it makes the achievement of the major life activity
difficult.
(C) "Major life activities" shall be broadly construed and shall
include physical, mental, and social activities and working.
(2) Any other mental or psychological disorder or condition not
described in paragraph (1) that requires special education or related
services.
(3) Having a record or history of a mental or psychological
disorder or condition described in paragraph (1) or (2), which is
known to the employer or other entity covered by this part.
(4) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, a mental condition
that makes achievement of a major life activity difficult.
(5) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, a mental or
psychological disorder or condition that has no present disabling
effect, but that may become a mental disability as described in
paragraph (1) or (2).
"Mental disability" does not include sexual behavior disorders,
compulsive gambling, kleptomania, pyromania, or psychoactive
substance use disorders resulting from the current unlawful use of
controlled substances or other drugs.
(k) "On the bases enumerated in this part" means or refers to
discrimination on the basis of one or more of the following: race,
religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic
information, marital status, sex, age, or sexual orientation.
(l) "Physical disability" includes, but is not limited to, all of
the following:
(1) Having a physiological disease, disorder, condition, cosmetic
disfigurement, or anatomical loss that does both of the following:
(A) Affects one or more of the following body systems:
neurological, immunological, musculoskeletal, special sense organs,
respiratory, including speech organs, cardiovascular, reproductive,
digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
(B) Limits a major life activity. For purposes of this section:
(i) "Limits" shall be determined without regard to mitigating
measures, including medications, assistive devices, prosthetics, or
reasonable accommodations, unless the mitigating measure itself
limits a major life activity.
(ii) A physiological disease, disorder, condition, cosmetic
disfigurement, or anatomical loss limits a major life activity if it
makes the achievement of the major life activity difficult.
(iii) "Major life activities" shall be broadly construed and
includes physical, mental, and social activities and working.
(2) Any other health impairment not described in paragraph (1)
that requires special education or related services.
(3) Having a record or history of a disease, disorder, condition,
cosmetic disfigurement, anatomical loss, or health impairment
described in paragraph (1) or (2), which is known to the employer or
other entity covered by this part.
(4) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, a physical condition
that makes achievement of a major life activity difficult.
(5) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health
impairment that has no present disabling effect but may become a
physical disability as described in paragraph (1) or (2).
(6) "Physical disability" does not include sexual behavior
disorders, compulsive gambling, kleptomania, pyromania, or
psychoactive substance use disorders resulting from the current
unlawful use of controlled substances or other drugs.
(m) Notwithstanding subdivisions (j) and (l), if the definition of
"disability" used in the federal Americans with Disabilities Act of
1990 (P.L. 101-336) would result in broader protection of the civil
rights of individuals with a mental disability or physical
disability, as defined in subdivision (j) or (l), or would include a
medical condition not included within those definitions, then that
broader protection or coverage shall be deemed incorporated by
reference into, and shall prevail over conflicting provisions of, the
definitions in subdivisions (j) and (l).
(n) "Race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic
information, marital status, sex, age, or sexual orientation"
includes a perception that the person has any of those
characteristics or that the person is associated with a person who
has, or is perceived to have, any of those characteristics.
(o) "Reasonable accommodation" may include either of the
following:
(1) Making existing facilities used by employees readily
accessible to, and usable by, individuals with disabilities.
(2) Job restructuring, part-time or modified work schedules,
reassignment to a vacant position, acquisition or modification of
equipment or devices, adjustment or modifications of examinations,
training materials, or policies, the provision of qualified readers
or interpreters, and other similar accommodations for individuals
with disabilities.
(p) "Religious creed," "religion," "religious observance,"
"religious belief," and "creed" include all aspects of religious
belief, observance, and practice.
(q) "Sex" includes, but is not limited to, pregnancy, childbirth,
or medical conditions related to pregnancy or childbirth. "Sex" also
includes, but is not limited to, a person's gender. "Gender" means
sex, and includes a person's gender identity and gender expression.
"Gender expression" means a person's gender-related appearance and
behavior whether or not stereotypically associated with the person's
assigned sex at birth.
(r) "Sexual orientation" means heterosexuality, homosexuality, and
bisexuality.
(s) "Supervisor" means an individual having the authority, in the
interest of the employer, to hire, transfer, suspend, layoff, recall,
promote, discharge, assign, reward, or discipline other employees,
or the responsibility to direct them, or to adjust their grievances,
or effectively to recommend that action, if, in connection with the
foregoing, the exercise of that authority is not of a merely routine
or clerical nature, but requires the use of independent judgment.
(t) "Undue hardship" means an action requiring significant
difficulty or expense, when considered in light of the following
factors:
(1) The nature and cost of the accommodation needed.
(2) The overall financial resources of the facilities involved in
the provision of the reasonable accommodations, the number of persons
employed at the facility, and the effect on expenses and resources
or the impact otherwise of these accommodations upon the operation of
the facility.
(3) The overall financial resources of the covered entity, the
overall size of the business of a covered entity with respect to the
number of employees, and the number, type, and location of its
facilities.
(4) The type of operations, including the composition, structure,
and functions of the workforce of the entity.
(5) The geographic separateness, administrative, or fiscal
relationship of the facility or facilities.
SEC. 17. Section 14670.1 of the Government Code is amended to
read:
14670.1. Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of Mental
Health State Hospitals , may let to a nonprofit
corporation, for the purpose of conducting an educational and work
program for persons with intellectual disabilities, and for a period
not to exceed 50 years, real property not exceeding 10 acres located
within the grounds of the Napa State Hospital.
The lease authorized by this section shall be nonassignable and
shall be subject to periodic review every five years. The review
shall be made by the Director of General Services, who shall do both
of the following:
(a) Assure the state that the original purposes of the lease are
being carried out.
(b) Determine what, if any, adjustment should be made in the terms
of the lease.
The lease shall also provide for an initial capital outlay by the
lessee of thirty thousand dollars ($30,000) prior to January 1, 1976.
The capital outlay may be, or may have been, contributed before or
after the effective date of the act adding this section.
SEC. 18. Section 14670.2 of the Government Code, as amended by
Section 1 of Chapter 65 of the Statutes of 1992, is amended to read:
14670.2. Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of Mental
Health State Hospitals , may, in the best
interests of the state, let to a public governmental agency, for the
purpose of locating and conducting its training program for people
with intellectual disabilities, and for locating and conducting a
child care facility, and for a period not to exceed 50 years, real
property not exceeding 10 acres located within the grounds of the
Napa State Hospital. For the additional purpose of establishing an
educational park, the director may, with the consent of the
department, renegotiate the lease, for a period not to exceed 50
years, which period shall commence January 1, 1993. For the purposes
of this section, "educational park" means a conglomerate of
educational services, including, but not limited to, a children's
center, a preschool for severely disabled children, adult educational
services, administrative offices, a community school, and a media
services building.
The lease authorized by this section shall be nonassignable and
shall be subject to periodic review every five years. That review
shall be made by the Director of General Services, who shall do both
of the following:
(a) Assure the state the purposes of the lease are being carried
out.
(b) Determine what, if any, adjustment should be made in the terms
of the lease.
The lease shall also provide for the establishment of a school
building facility by the lessee prior to July 1, 1977. That facility
shall not be established until after the effective date of the act
amending this section.
SEC. 19. Section 14670.3 of the Government Code is amended to
read:
14670.3. Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of Mental Health,
may let to a nonprofit corporation, for the purpose of conducting an
educational and work program for persons with intellectual
disabilities, and for a period not to exceed 55 years, real property
not exceeding five acres located within the grounds of the Fairview
State Hospital.
The lease authorized by this section shall be nonassignable and
shall be subject to periodic review every five years. The review
shall be made by the Director of General Services, who shall do both
of the following:
(a) Assure the state that the original purposes of the lease are
being carried out.
(b) Determine what, if any, adjustment should be made in the terms
of the lease.
The lease shall also provide for an initial capital outlay by the
lessee of thirty thousand dollars ($30,000) prior to January 1, 1976.
The capital outlay may be, or may have been, contributed before or
after the effective date of the act adding this section.
SEC. 20. Section 14670.5 of the Government Code is amended to
read:
14670.5. Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of Mental Health
may let to a nonprofit corporation, for the purpose of establishing
and maintaining a rehabilitation center for persons with intellectual
disabilities, for a period not exceeding 20 years, real property,
not exceeding five acres, located within the grounds of the Fairview
State Hospital in Orange County, and that is retained by the state
primarily to provide a peripheral buffer area, or zone, between real
property that the state hospital is located on and adjacent real
property, if the director deems the letting is in the best interests
of the state.
SEC. 21. Section 14672.1 of the Government Code is amended to
read:
14672.1. Notwithstanding Section 14670, the Director of General
Services, with the consent of the Department of Corrections and
Rehabilitation, may let to a nonprofit corporation, for the purpose
of conducting an educational and work program for persons with
intellectual disabilities, and for a period not to exceed 50 years,
real property not exceeding 10 acres, located within the grounds of
the Medical Facility at Vacaville, California.
A lease executed pursuant to this section shall include a
provision that the lease shall be canceled if permanent facilities
are not constructed on the leased land within five years after the
effective date of the amendments to this section enacted at the 1967
Regular Session of the Legislature.
A lease executed pursuant to this section may be assigned or
sublet in whole or in part by the lessee nonprofit corporation to any
public agency with the approval of the Director of General Services
and the Department of Corrections and Rehabilitation.
SEC. 22. Section 14672.92 of the Government Code is amended to
read:
14672.92. Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of Developmental
Services, may let to a nonprofit corporation, for the purpose of
conducting an educational and work program for persons with
intellectual disabilities, and for a period not to exceed 50 years,
real property not exceeding 18.50 acres located within the grounds of
the Camarillo State Hospital at 1732 Lewis Road in the City of
Camarillo.
The lease authorized by this section shall be nonassignable and
shall be subject to periodic review every five years. The review
shall be made by the Director of General Services and the Director of
Developmental Services who shall do all of the following:
(a) Assure the state the original purposes of the lease are being
carried out.
(b) Determine what, if any, adjustment should be made in the terms
of the lease.
SEC. 23. Section 16813 of the Government Code is amended to read:
16813. Bonds of the State of California shall be prepared,
issued, and sold in the amount of one hundred million dollars
($100,000,000), in such denominations, to be numbered, to bear such
dates, and to bear such rate of interest as shall be determined by
the Legislature.
The proceeds of such bonds shall be used:
(a) Subject to such legislation as the Legislature may, from time
to time, enact, to provide loans and grants to school districts of
the state for use in purchasing and improving school sites, the
purchasing of furniture and equipment for schools, and the planning
and constructing, reconstructing, repairing, altering, and making
additions to, school buildings.
(b) Subject to such legislation as the Legislature may, from time
to time, enact, to provide loans and grants to school districts for
assistance in providing necessary housing and equipment for the
education of individuals who have exceptional needs, as that term is
defined in Section 56026 of the Education Code.
(c) To pay the expenses that may be incurred in preparing,
advertising, issuing, and selling the bonds, and in administering and
directing the expenditure of the moneys realized from the sale of
such bonds.
The issuance, signing, countersigning, endorsing, and selling of
the bonds herein provided for, and the interest coupons thereon, the
place and method of payment of principal and interest thereon, the
procedure for initiating, advertising, and holding sales thereof, and
the performance by the several state boards and state officers of
their respective duties in connection therewith; and all other
provisions, terms, and conditions relating to the bonds, shall be as
provided by the Legislature.
The Legislature may appropriate money to be expended in addition
to or in lieu of the money received from the sale of the bonds sold
under the authority of this section. The money so appropriated shall
be expended pursuant to subdivision (a) of this section. If the
Legislature appropriates money in lieu of the money received from the
sale of the bonds, the total amount of bonds required to be sold
pursuant to this section shall be reduced by the amount so
appropriated.
The Legislature shall pass all laws, general or special, necessary
or convenient to carry into effect the provisions of this section.
Such laws may provide for the allocation of funds to school districts
pursuant to this section by the State Allocation Board or a similar
agency and in that event, notwithstanding any other provision of this
Constitution, Members of the Legislature who are required to meet
with such board shall have equal rights and duties with the
nonlegislative members to vote and act upon matters pending before
such board.
The Legislature shall require each district receiving an
allocation of money from the sale of bonds pursuant to this section
for the purposes prescribed in subdivision (a) of this section to
repay such money to the state on such terms and in such amounts as
may be within the ability of the district to repay.
The Legislature may require each district receiving an allocation
of money from the sale of bonds pursuant to this section for the
purposes prescribed in subdivision (b) of this section to repay such
money to the state on such terms and in such amounts as the
Legislature deems proper.
The people of the State of California in adopting this section
hereby declare that it is in the interests of the state and of the
people thereof for the state to aid school districts of the state in
providing necessary school sites and buildings for the pupils of the
public school system, such system being a matter of general concern
inasmuch as the education of the children of the state is an
obligation and function of the state.
SEC. 24. Section 16814 of the Government Code is amended to read:
16814. Bonds of the State of California shall be prepared,
issued, and sold in the amount of two hundred twenty million dollars
($220,000,000), in such denominations, to be numbered, to bear such
dates, and to bear such rate of interest as shall be determined by
the Legislature.
The proceeds of such bonds shall be used:
(a) Subject to such legislation as the Legislature may, from time
to time, enact, to provide loans and grants to school districts of
the state for use in purchasing and improving school sites, the
purchasing of furniture and equipment for schools, and the planning
and constructing, reconstructing, repairing, altering, and making
additions to, school buildings.
(b) Subject to such legislation as the Legislature may, from time
to time, enact, to provide loans and grants to school districts for
assistance in providing necessary housing and equipment for the
education of individuals who have exceptional needs, as that term is
defined in Section 56026 of the Education Code.
(c) To pay the expenses that may be incurred in preparing,
advertising, issuing, and selling the bonds, and in administering and
directing the expenditure of the moneys realized from the sale of
such bonds.
(d) To repay, as provided by law, any money appropriated from the
Investment Fund at the 1958 First Extraordinary Session for state
school building aid.
The issuance, signing, countersigning, endorsing, and selling of
the bonds herein provided for, and the interest coupons thereon, the
place and method of payment of principal and interest thereon, the
procedure for initiating, advertising, and holding sales thereof, and
the performance by the several state boards and state officers of
their respective duties in connection therewith; and all other
provisions, terms, and conditions relating to the bonds, shall be as
provided by the Legislature.
The Legislature may appropriate money to be expended in addition
to or in lieu of the money received from the sale of the bonds sold
under the authority of this section. The money so appropriated shall
be expended pursuant to subdivision (a) of this section. If the
Legislature appropriates money in lieu of the money received from the
sale of the bonds, the total amount of bonds required to be sold
pursuant to this section shall be reduced by the amount so
appropriated.
The Legislature shall pass all laws, general or special, necessary
or convenient to carry into effect the provisions of this section.
Such laws may provide for the allocation of funds to school districts
pursuant to this section by the State Allocation Board or a similar
agency and in that event, notwithstanding any other provision of this
Constitution, Members of the Legislature who are required to meet
with such board shall have equal rights and duties with the
nonlegislative members to vote and act upon matters pending before
such board.
The Legislature shall require each district receiving an
allocation of money from the sale of bonds pursuant to this section
for the purposes prescribed in subdivision (a) of this section to
repay such money to the state on such terms and in such amounts as
may be within the ability of the district to repay.
The Legislature may require each district receiving an allocation
of money from the sale of bonds pursuant to this section for the
purposes prescribed in subdivision (b) of this section to repay such
money to the state on such terms and in such amounts as the
Legislature deems proper.
The people of the State of California in adopting this section
hereby declare that it is in the interests of the state and of the
people thereof for the state to aid school districts of the state in
providing necessary school sites and buildings for the pupils of the
public school system, such system being a matter of general concern
inasmuch as the education of the children of the state is an
obligation and function of the state.
SEC. 25. Section 16816 of the Government Code is amended to read:
16816. Bonds of the State of California shall be prepared,
issued, and sold in the amount of three hundred million dollars
($300,000,000), in such denominations, to be numbered, to bear such
dates, and to bear such rate of interest as shall be determined by
the Legislature.
The proceeds of such bonds shall be used:
(a) Subject to such legislation as the Legislature may, from time
to time, enact, to provide loans and grants to school districts of
the state for use in purchasing and improving school sites, the
purchasing of furniture and equipment for schools, and the planning
and constructing, reconstructing, repairing, altering, and making
additions to, school buildings.
(b) Subject to such legislation as the Legislature may, from time
to time, enact, to provide loans and grants to school districts for
assistance in providing necessary housing and equipment for the
education of individuals who have exceptional needs, as that term is
defined in Section 56026 of the Education Code.
(c) To pay the expenses that may be incurred in preparing,
advertising, issuing, and selling the bonds, and in administering and
directing the expenditure of the moneys realized from the sale of
such bonds.
(d) To repay, as provided by law, any money appropriated from the
General Fund at the 1960 First Extraordinary Session for state school
building aid.
The
issuance, signing, countersigning, endorsing, and selling of the
bonds herein provided for, and the interest coupons thereon, the
place and method of payment of principal and interest thereon, the
procedure for initiating, advertising, and holding sales thereof, and
the performance by the several state boards and state officers of
their respective duties in connection therewith; and all other
provisions, terms, and conditions relating to the bonds, shall be as
provided by the Legislature.
The Legislature may appropriate money to be expended in addition
to or in lieu of the money received from the sale of the bonds sold
under the authority of this section. The money so appropriated shall
be expended pursuant to subdivision (a) of this section. If the
Legislature appropriates money in lieu of the money received from the
sale of the bonds, the total amount of bonds required to be sold
pursuant to this section shall be reduced by the amount so
appropriated.
The Legislature shall pass all laws, general or special, necessary
or convenient to carry into effect the provisions of this section.
Such laws may provide for the allocation of funds to school districts
pursuant to this section by the State Allocation Board or a similar
agency. Notwithstanding any other provision of this Constitution,
Members of the Legislature who are required to meet with such board
shall have equal rights and duties with the nonlegislative members to
vote and act upon matters pending before such board concerning this
section or any other section of the Constitution or legislative act
authorizing the allocation of funds to school districts for purposes
the same or substantially the same as those enumerated in this
section.
The Legislature shall require each district receiving an
allocation of money from the sale of bonds pursuant to this section
for the purposes prescribed in subdivision (a) of this section to
repay such money to the state on such terms and in such amounts as
may be within the ability of the district to repay.
The Legislature may require each district receiving an allocation
of money from the sale of bonds pursuant to this section for the
purposes prescribed in subdivision (b) of this section to repay such
money to the state on such terms and in such amounts as the
Legislature deems proper.
The people of the State of California in adopting this section
hereby declare that it is in the interests of the state and of the
people thereof for the state to aid school districts of the state in
providing necessary school sites and buildings for the pupils of the
public school system, such system being a matter of general concern
inasmuch as the education of the children of the state is an
obligation and function of the state.
SEC. 26. Section 1275.5 of the Health and
Safety Code is amended to read:
1275.5. (a) The regulations relating to the licensing of
hospitals, previously adopted by the State Department of Public
Health pursuant to Chapter 2 (commencing with Section 1250) of
Division 2, and in effect immediately prior to July 1, 1973, shall
remain in effect and shall be fully enforceable with respect to a
hospital required to be licensed by this chapter, unless and until
the regulations are readopted, amended, or repealed by the director.
(b) The regulations relating to private institutions receiving or
caring for any mentally disordered persons, persons with intellectual
disabilities, and other incompetent persons, previously adopted by
the former Department of Mental Hygiene pursuant to Chapter 1
(commencing with Section 7000) of Division 7 of the Welfare and
Institutions Code, and in effect immediately prior to July 1, 1973,
shall remain in effect and shall be fully enforceable with respect to
a facility, establishment, or institution for the reception and care
of mentally disordered persons, persons with intellectual
disabilities, and other incompetent persons, required to be licensed
by the provisions of this chapter unless and until the regulations
are readopted, amended, or repealed by the director.
(c) All regulations relating to the licensing of psychiatric
health facilities previously adopted by the former State Department
of Health Services, pursuant to authority now vested in the State
Department of Mental Health by Section 4080 of the Welfare and
Institutions Code, and in effect immediately preceding September 20,
1988, shall remain in effect and shall be fully enforceable by the
State Department of Mental Health with respect to a facility or
program required to be licensed as a psychiatric health facility,
unless and until the regulations are readopted, amended, or repealed
by the Director of Mental Health.
SEC. 26. Section 1275.5 of the Health
and Safety Code is amended to read:
1275.5. (a) The regulations relating to the licensing of
hospitals, heretofore previously
adopted by the State Department of Public Health pursuant to Chapter
2 (commencing with Section 1400) 1250)
of Division 2, and in effect immediately prior to July 1, 1973, shall
remain in effect and shall be fully enforceable with respect to
any a hospital required to be licensed
by this chapter, unless and until the regulations are readopted,
amended, or repealed by the director.
(b) The regulations relating to private institutions receiving or
caring for any mentally disordered persons, mentally
retarded persons persons with intellectual
disabilities , and other incompetent persons,
heretofore previously adopted by the Department
of Mental Hygiene pursuant to Chapter 1 (commencing with Section
7000) of Division 7 of the Welfare and Institutions Code, and in
effect immediately prior to July 1, 1973, shall remain in effect and
shall be fully enforceable with respect to any facility,
establishment, or institution for the reception and care of mentally
disordered persons, mentally retarded persons
persons with intellectual disabilities, and other incompetent
persons, required to be licensed by the provisions of this
chapter chapter, unless and until said
the regulations are readopted, amended, or
repealed by the director.
(c) (1) All regulations relating to the licensing of psychiatric
health facilities heretofore previously
adopted by the State Department of Health Services, pursuant to
authority now vested in the State Department of Mental Health by
Section 5652.5 4080 of the Welfare and
Institutions Code, and in effect immediately preceding September 20,
1988, shall remain in effect and shall be fully enforceable by the
State Department of Mental Health with respect to any
a facility or program required to be licensed as
a psychiatric health facility, unless and until the regulations
readopted, amended, or repealed by the Director of Mental
Health.
(2) The State Department of Social Services shall succeed to and
be vested with all duties, powers, purposes, functions,
responsibilities, and jurisdiction of the State Department of Mental
Health, described in paragraph (1), as they relate to licensing
psychiatric health facilities.
SEC. 27. Section 1337.1 of the Health and Safety Code is amended
to read:
1337.1. A skilled nursing or intermediate care facility shall
adopt an approved training program that meets standards established
by the state department. The approved training program shall consist
of at least the following:
(a) An orientation program to be given to newly employed nurse
assistants prior to providing direct patient care in skilled nursing
or intermediate care facilities.
(b) (1) A precertification training program consisting of at least
60 classroom hours of training on basic nursing skills, patient
safety and rights, the social and psychological problems of patients,
and resident abuse prevention, recognition, and reporting pursuant
to subdivision (e). The 60 classroom hours of training may be
conducted within a skilled nursing or intermediate care facility or
in an educational institution.
(2) In addition to the 60 classroom hours of training required
under paragraph (1), the precertification training program shall
consist of at least 100 hours of supervised and on-the-job training
clinical practice. The 100 hours may consist of normal employment as
a nurse assistant under the supervision of either the director of
nurse training or a licensed nurse qualified to provide nurse
assistant training who has no other assigned duties while providing
the training.
(3) At least two hours of the 60 hours of classroom training and
at least four hours of the 100 hours of the supervised clinical
training shall address the special needs of persons with
developmental and mental disorders, including intellectual
disability, Alzheimer's disease, cerebral palsy, epilepsy, dementia,
Parkinson's disease, and mental illness.
(4) In a precertification training program subject to this
subdivision, credit shall be given for the training received in an
approved precertification training program adopted by another skilled
nursing or intermediate care facility.
(5) This subdivision shall not apply to a skilled nursing or
intermediate care facility that demonstrates to the state department
that it employs only nurse assistants with a valid certification.
(c) Continuing in-service training to assure continuing competency
in existing and new nursing skills.
(d) Each facility shall consider including training regarding the
characteristics and method of assessment and treatment of acquired
immunodeficiency syndrome (AIDS).
(e) (1) The approved training program shall include, within the 60
hours of classroom training, a minimum of six hours of instruction
on preventing, recognizing, and reporting instances of resident abuse
utilizing those courses developed pursuant to Section 13823.93 of
the Penal Code, and a minimum of one hour of instruction on
preventing, recognizing, and reporting residents' rights violations.
(2) A minimum of four hours of instruction on preventing,
recognizing, and reporting instances of resident abuse, including
instruction on preventing, recognizing, and reporting residents'
rights violations, shall be included within the total minimum hours
of continuing education or in-service training required and in effect
for certified nursing assistants.
SEC. 28. Section 1337.3 of the Health and Safety Code is amended
to read:
1337.3. (a) The department shall prepare and maintain a list of
approved training programs for nurse assistant certification. The
list shall include training programs conducted by skilled nursing or
intermediate care facilities, as well as local agencies and education
programs. In addition, the list shall include information on whether
a training center is currently training nurse assistants, their
competency test pass rates, and the number of nurse assistants they
have trained. Clinical portions of the training programs may be
obtained as on-the-job training, supervised by a qualified director
of staff development or licensed nurse.
(b) It shall be the duty of the department to inspect a
representative sample of training programs. The department shall
protect consumers and students in any training program against fraud,
misrepresentation, or other practices that may result in improper or
excessive payment of funds paid for training programs. In evaluating
a training center's training program, the department shall examine
each training center's trainees' competency test passage rate, and
require each program to maintain an average 60 percent test score
passage rate to maintain its participation in the program. The
average test score passage rate shall be calculated over a two-year
period. If the department determines that a training program is not
complying with regulations or is not meeting the competency passage
rate requirements, notice thereof in writing shall be immediately
given to the program. If the program has not been brought into
compliance within a reasonable time, the program may be removed from
the approved list and notice thereof in writing given to it. Programs
removed under this article shall be afforded an opportunity to
request reinstatement of program approval at any time. The department'
s district offices shall inspect facility-based centers as part of
their annual survey.
(c) Notwithstanding Section 1337.1, the approved training program
shall consist of at least the following:
(1) A 16-hour orientation program to be given to newly employed
nurse assistants prior to providing direct patient care, and
consistent with federal training requirements for facilities
participating in the Medicare or Medicaid programs.
(2) (A) A certification training program consisting of at least 60
classroom hours of training on basic nursing skills, patient safety
and rights, the social and psychological problems of patients, and
elder abuse recognition and reporting pursuant to subdivision (e) of
Section 1337.1. The 60 classroom hours of training may be conducted
within a skilled nursing facility, an intermediate care facility, or
an educational institution.
(B) In addition to the 60 classroom hours of training required
under subparagraph (A), the certification program shall also consist
of 100 hours of supervised and on-the-job training clinical practice.
The 100 hours may consist of normal employment as a nurse assistant
under the supervision of either the director of staff development or
a licensed nurse qualified to provide nurse assistant training who
has no other assigned duties while providing the training.
(3) At least two hours of the 60 hours of classroom training and
at least four hours of the 100 hours of the supervised clinical
training shall address the special needs of persons with
developmental and mental disorders, including intellectual
disability, Alzheimer's disease, cerebral palsy, epilepsy, dementia,
Parkinson's disease, and mental illness.
(d) The department, in consultation with the State Department of
Education and other appropriate organizations, shall develop criteria
for approving training programs, that includes program content for
orientation, training, inservice and the examination for testing
knowledge and skills related to basic patient care services and shall
develop a plan that identifies and encourages career ladder
opportunities for certified nurse assistants. This group shall also
recommend, and the department shall adopt, regulation changes
necessary to provide for patient care when facilities utilize
noncertified nurse assistants who are performing direct patient care.
The requirements of this subdivision shall be established by January
1, 1989.
(e) On or before January 1, 2004, the department, in consultation
with the State Department of Education, the American Red Cross, and
other appropriate organizations, shall do the following:
(1) Review the current examination for approved training programs
for certified nurse assistants to ensure the accurate assessment of
whether a nurse assistant has obtained the required knowledge and
skills related to basic patient care services.
(2) Develop a plan that identifies and encourages career ladder
opportunities for certified nurse assistants, including the
application of on-the-job postcertification hours to educational
credits.
(f) A skilled nursing or intermediate care facility shall
determine the number of specific clinical hours within each module
identified by the department required to meet the requirements of
subdivision (d), subject to subdivisions (b) and (c). The facility
shall consider the specific hours recommended by the department when
adopting the certification training program required by this chapter.
(g) This article shall not apply to a program conducted by any
church or denomination for the purpose of training the adherents of
the church or denomination in the care of the sick in accordance with
its religious tenets.
(h) The Chancellor of the California Community Colleges shall
provide to the department a standard process for approval of college
credit. The department shall make this information available to all
training programs in the state.
SEC. 29. Section 13113 of the Health and Safety Code is amended to
read:
13113. (a) Except as otherwise provided in this section, a
person, firm, or corporation shall not establish, maintain, or
operate a hospital, children's home, children's nursery, or
institution, home or institution for the care of aged or senile
persons, sanitarium or institution for insane persons or persons with
intellectual disabilities, or nursing or convalescent home, wherein
more than six guests or patients are housed or cared for on a
24-hour-per-day basis unless there is installed and maintained in an
operable condition in every building, or portion thereof where
patients or guests are housed, an automatic sprinkler system approved
by the State Fire Marshal.
(b) This section does not apply to homes or institutions for the
24-hour-per-day care of ambulatory children if all of the following
conditions are satisfied:
(1) The buildings, or portions thereof where children are housed,
are not more than two stories in height and are constructed and
maintained in accordance with regulations adopted by the State Fire
Marshal pursuant to Section 13143 and building standards published in
the California Building Standards Code.
(2) The buildings, or portions thereof housing more than six
children, shall have installed and maintained in an operable
condition therein a fire alarm system of a type approved by the State
Fire Marshal. The system shall be activated by detectors responding
to invisible products of combustion other than heat.
(3) The buildings or portions thereof do not house mentally ill
children or children with intellectual disabilities.
(c) This section does not apply to any one-story building or
structure of an institution or home for the care of the aged
providing 24-hour-per-day care if the building or structure is used
or intended to be used for the housing of no more than six ambulatory
aged persons. However, the buildings or institutions shall have
installed and maintained in an operable condition therein a fire
alarm system of a type approved by the State Fire Marshal. The system
shall be activated by detectors responding to products of combustion
other than heat.
(d) This section does not apply to occupancies, or any alterations
thereto, located in type I construction, as defined by the State
Fire Marshal, under construction or in existence on March 4, 1972.
(e) "Under construction," as used in this section, means that
actual work shall have been performed on the construction site and
shall not be construed to mean that the hospital, home, nursery,
institution, sanitarium, or a portion thereof, is in the planning
stage.
SEC. 30. Section 51312 of the Health and Safety Code is amended to
read:
51312. (a) The primary purpose of this chapter is to provide an
additional method of financing special needs housing.
(b) (1) For purposes of this chapter, "special needs housing"
means any housing, including supportive housing, intended to benefit,
in whole or in part, persons identified as having special needs
relating to any of the following:
(A) Mental health.
(B) Physical disabilities.
(C) Developmental disabilities, including, but not limited to,
intellectual disability, cerebral palsy, epilepsy, and autism.
(D) The risk of homelessness.
(2) Special needs housing shall also mean housing intended to meet
the housing needs of persons eligible for mental health services
funded in whole or in part by the Mental Health Services Fund,
created by Section 5890 of the Welfare and Institutions Code.
SEC. 31. Section 110403 of the Health and Safety Code is amended
to read:
110403. Except as otherwise provided in Section 110405, it is
unlawful for a person to advertise a drug or device represented to
have an effect in any of the following conditions, disorders, or
diseases:
(a) Appendicitis.
(b) Blood disorders.
(c) Bone or joint diseases.
(d) Kidney diseases or disorders.
(e) Cancer.
(f) Carbuncles.
(g) Diseases, disorders, or conditions of the eye.
(h) Diabetes.
(i) Diphtheria.
(j) Gallbladder diseases or disorders.
(k) Heart and vascular diseases.
( l ) High blood pressure.
(m) Diseases or disorders of the ear or auditory apparatus,
including hearing loss and deafness.
(n) Measles.
(o) Meningitis.
(p) Mental disease or intellectual disability.
(q) Paralysis.
(r) Pneumonia.
(s) Poliomyelitis.
(t) Prostate gland disorders.
(u) Conditions of the scalp, affecting hair loss, or baldness.
(v) Alcoholism.
(w) Periodontal diseases.
(x) Epilepsy.
(y) Goiter.
(z) Endocrine disorders.
(aa) Sexual impotence.
(ab) Sinus infections.
(ac) Encephalitis.
(ad) Tumors.
(ae) Venereal diseases.
(af) Tuberculosis.
(ag) Ulcers of the stomach.
(ah) Varicose ulcers.
(ai) Scarlet fever.
(aj) Typhoid fever.
(ak) Whooping cough.
(a l ) Acquired immunodeficiency syndrome (AIDS).
(am) AIDS-related complex (ARC).
(an) Diseases, disorders, or conditions of the immune system.
SEC. 32. Section 123935 of the Health and Safety Code is amended
to read:
123935. A handicapped child shall not be denied services pursuant
to this article because he or she has an intellectual disability.
SEC. 33. Section 125000 of the Health and Safety Code is amended
to read:
125000. (a) It is the policy of the State of California to make
every effort to detect, as early as possible, phenylketonuria and
other preventable heritable or congenital disorders leading to
intellectual disability or physical defects.
The department shall establish a genetic disease unit, that shall
coordinate all programs of the department in the area of genetic
disease. The unit shall promote a statewide program of information,
testing, and counseling services and shall have the responsibility of
designating tests and regulations to be used in executing this
program.
The information, tests, and counseling for children shall be in
accordance with accepted medical practices and shall be administered
to each child born in California once the department has established
appropriate regulations and testing methods. The information, tests,
and counseling for pregnant women shall be in accordance with
accepted medical practices and shall be offered to each pregnant
woman in California once the department has established appropriate
regulations and testing methods. These regulations shall follow the
standards and principles specified in Section 124980. The department
may provide laboratory testing facilities or contract with any
laboratory that it deems qualified to conduct tests required under
this section. However, notwithstanding former Section 125005,
provision of laboratory testing facilities by the department shall be
contingent upon the provision of funding therefor by specific
appropriation to the Genetic Disease Testing Fund enacted by the
Legislature. If moneys appropriated for purposes of this section are
not authorized for expenditure to provide laboratory facilities, the
department may nevertheless contract to provide laboratory testing
services pursuant to this section and shall perform laboratory
services, including, but not limited to, quality control,
confirmatory, and emergency testing, necessary to ensure the
objectives of this program.
(b) The department shall charge a fee for any tests performed
pursuant to this section. The amount of the fee shall be established
and periodically adjusted by the director in order to meet the costs
of this section.
(c) The department shall inform all hospitals or physicians and
surgeons, or both, of required regulations and tests and may alter or
withdraw any of these requirements whenever sound medical practice
so indicates. To the extent practicable, the department shall provide
notice to hospitals and other payers in advance of an increase in
the fees charged for the program.
(d) This section shall not apply if a parent or guardian of the
newborn child objects to a test on the ground that the test conflicts
with his or her religious beliefs or practices.
(e) The genetic disease unit is authorized to make grants or
contracts or payments to vendors approved by the department for all
of the following:
(1) Testing and counseling services.
(2) Demonstration projects to determine the desirability and
feasibility of additional tests or new genetic services.
(3) To initiate the development of genetic services in areas of
need.
(4) To purchase or provide genetic services from any sums as are
appropriated for this purpose.
(f) The genetic disease unit shall evaluate and prepare
recommendations on the implementation of tests for the detection of
hereditary and congenital diseases, including, but not limited to,
biotinidase deficiency and cystic fibrosis. The genetic disease unit
shall also evaluate and prepare recommendations on the availability
and effectiveness of preventative followup interventions, including
the use of specialized medically necessary dietary products.
It is the intent of the Legislature that funds for the support of
the evaluations and recommendations required pursuant to this
subdivision, and for the activities authorized pursuant to
subdivision (e), shall be provided in the annual Budget Act
appropriation from the Genetic Disease Testing Fund.
(g) Health care providers that contract with a prepaid group
practice health care service plan that annually has at least 20,000
births among its membership, may provide, without contracting with
the department, any or all of the testing and counseling services
required to be provided under this section or the regulations adopted
pursuant thereto, if the services meet the quality standards and
adhere to the regulations established by the department and the plan
pays that portion of a fee established under this section that is
directly attributable to the department's cost of administering the
testing or counseling service and to any required testing or
counseling services provided by the state for plan members. The
payment by the plan, as provided in this subdivision, shall be deemed
to fulfill any obligation the provider or the provider's patient may
have to the department to pay a fee in
connection with the testing or counseling service.
(h) The department may appoint experts in the area of genetic
screening, including, but not limited to, cytogenetics, molecular
biology, prenatal, specimen collection, and ultrasound to provide
expert advice and opinion on the interpretation and enforcement of
regulations adopted pursuant to this section. These experts shall be
designated agents of the state with respect to their assignments.
These experts shall receive no salary, but shall be reimbursed for
expenses associated with the purposes of this section. All expenses
of the experts for the purposes of this section shall be paid from
the Genetic Disease Testing Fund.
SEC. 34. Section 127260 of the Health and Safety Code is amended
to read:
127260. (a) The Advisory Health Council, upon review of a
decision of the department, shall do one of the following:
(1) Enter an order affirming the decision of the department if it
finds as to the respective basis of review that:
(A) The application was processed and the hearing conducted was
consistent with this chapter, or that any inconsistency with respect
thereto was immaterial to the decision of the department.
(B) There is substantial evidence in the record supporting the
department's decision.
(C) The department has not acted in an arbitrary and capricious
manner.
(2) Enter an order remanding the decision of the department if it
finds as to the respective basis of review that:
(A) The application was not processed or the hearing conducted was
not consistent with this chapter, and this inconsistency was
material to the decision rendered by the department.
(B) There is no substantial evidence in the record supporting the
decision.
(C) The department has acted in an arbitrary or capricious manner.
(3) Enter an order reversing the decision of the department if it
finds as to the respective basis of review that:
(A) The application was not processed or the hearing conducted was
not consistent with the provisions of this chapter, and this
inconsistency was material to the decision rendered by the
department.
(B) There is no substantial evidence in the record supporting the
decision.
(C) The department has acted in an arbitrary or capricious manner.
(b) Orders of the council authorized by this section shall be made
only upon the affirmative vote of a majority of the council, with at
least six of the affirmative votes cast by the following members:
(1) Representative of consumers of services for persons with
intellectual disabilities appointed by the Governor.
(2) Representative of consumers of mental health services
appointed by the Governor.
(3) Representative of local government appointed by the Governor.
(4) Representatives of the general consumer public appointed by
the Governor, Senate Committee on Rules, or Speaker of the Assembly.
(5) Members of the Legislature appointed by the Senate Committee
on Rules or Speaker of the Assembly.
SEC. 35. Section 129395 of the Health and Safety Code is amended
to read:
129395. "Hospital" includes hospitals for the chronically ill and
impaired, public health centers, community mental health centers,
facilities for persons with intellectual disabilities, and general,
tuberculosis, mental, and other types of hospitals and related
facilities, including laboratories, outpatient departments, nurses'
home and training facilities, and central service facilities operated
in connection with hospitals, diagnostic or treatment centers,
nursing homes, and rehabilitation facilities, but except for
facilities for persons with intellectual disabilities does not
include any institution furnishing primarily domiciliary care.
SEC. 36. Section 10118 of the Insurance Code is amended to read:
10118. A policy of disability insurance delivered or issued for
delivery in this state more than 120 days after the effective date of
this section, that provides that coverage of a dependent child shall
terminate upon attainment of the limiting age for dependent children
specified in the policy or contract, shall also provide in substance
that attainment of the limiting age shall not operate to terminate
the coverage of the child while the child is and continues to be both
(a) incapable of self-sustaining employment by reason of an
intellectual disability or physical handicap and (b) chiefly
dependent upon the insured for support and maintenance, provided
proof of the incapacity and dependency is furnished to the insurer by
the insured within 31 days of the child's attainment of the limiting
age and subsequently as may be required by the insurer, but not more
frequently than annually after the two-year period following the
child's attainment of the limiting age.
Disability policies currently approved by the commissioner that
are delivered or issued for delivery more than 120 days after the
effective date of this section shall be automatically construed to be
in compliance with this section and need not be refiled or
reprinted. Disability policies submitted to the commissioner for
approval on and after the effective date of this section shall
contain provisions in compliance with this section.
SEC. 37. Section 10124 of the Insurance Code is amended to read:
10124. (a) A self-insured employee welfare benefit plan delivered
or issued for delivery in this state more than 120 days after the
effective date of this section, that provides that coverage of a
dependent child of an employee shall terminate upon attainment of the
limiting age for dependent children specified in the policy or
contract, shall also provide in substance that attainment of the
limiting age shall not operate to terminate the coverage of the child
while the child is and continues to be both (a) incapable of
self-sustaining employment by reason of an intellectual disability or
physical handicap and (b) chiefly dependent upon the employee for
support and maintenance, provided proof of the incapacity and
dependency is furnished to the employer or employee organization
providing the plan or program of benefits by the employee within 31
days of the child's attainment of the limiting age and subsequently
as may be required by the employer or employee organization, but not
more frequently than annually after the two-year period following the
child's attainment of the limiting age.
(b) As used in this section, "self-insured employee welfare
benefit plan" means a plan or program of benefits provided by an
employer or an employee organization, or both, for the purpose of
providing hospital, medical, surgical, nursing, or dental services,
or indemnification for the costs incurred for these services, to the
employer's employees or their dependents.
SEC. 38. Section 10203.4 of the Insurance Code is amended to read:
10203.4. (a) Insurance under a group life insurance policy issued
pursuant to Sections 10202, 10202.8, 10203, 10203.1, and 10203.7 may
be extended to insure the dependents, or any class or classes
thereof, of each insured employee who so elects, in amounts in
accordance with some plan that precludes individual selection and
that shall not be in excess of 100 percent of the insurance on the
life of the insured employee.
(b) "Dependent" includes the member's spouse and all children from
birth until 26 years of age, or a child 26 years of age or older who
is both incapable of self-sustaining employment by reason of an
intellectual disability or physical handicap and chiefly dependent
upon the employee for support and maintenance if proof of the
incapacity and dependency is furnished to the insurer by the employee
within 31 days of the child's attainment of the limiting age and
subsequently as may be required by the insurer, but not more
frequently than annually after the two-year period following the
child's attainment of the limiting age.
(c) The premiums for the insurance on the dependents may be paid
by the employer, the employee, or the employer and the employee
jointly.
SEC. 39. Section 1001.20 of the Penal Code is amended to read:
1001.20. As used in this chapter:
(a) "Cognitive Developmental Disability" means any of the
following:
(1) "Intellectual disability" means a condition of significantly
subaverage general intellectual functioning existing concurrently
with deficits in adaptive behavior and manifested during the
developmental period.
(2) "Autism," means a diagnosed condition of markedly abnormal or
impaired development in social interaction, in communication, or in
both, with a markedly restricted repertoire of activity and
interests.
(3) Disabling conditions found to be closely related to
intellectual disability or autism, or that require treatment similar
to that required for individuals with intellectual disability or
autism, and that would qualify an individual for services provided
under the Lanterman Developmental Disabilities Services Act.
(b) "Diversion-related treatment and habilitation" means, but is
not limited to, specialized services or special adaptations of
generic services, directed toward the alleviation of cognitive
developmental disability or toward social, personal, physical, or
economic habilitation or rehabilitation of an individual with a
cognitive developmental disability, and includes, but is not limited
to, diagnosis, evaluation, treatment, personal care, day care,
domiciliary care, special living arrangements, physical,
occupational, and speech therapy, training, education, sheltered
employment, mental health services, recreation, counseling of the
individual with this disability and of his or her family, protective
and other social and sociolegal services, information and referral
services, follow-along services, and transportation services
necessary to assure delivery of services to persons with cognitive
developmental disabilities.
(c) "Regional center" means a regional center for the
developmentally disabled established under the Lanterman
Developmental Disabilities Services Act that is organized as a
private nonprofit community agency to plan, purchase, and coordinate
the delivery of services that cannot be provided by state agencies to
developmentally disabled persons residing in a particular geographic
catchment area, and that is licensed and funded by the State
Department of Developmental Services.
(d) "Director of a regional center" means the executive director
of a regional center for the developmentally disabled or his or her
designee.
(e) "Agency" means the prosecutor, the probation department, and
the regional center involved in a particular defendant's case.
(f) "Dual agency diversion" means a treatment and habilitation
program developed with court approval by the regional center,
administered jointly by the regional center and by the probation
department, that is individually tailored to the needs of the
defendant as derived from the defendant's individual program plan
pursuant to Section 4646 of the Welfare and Institutions Code, and
that includes, but is not limited to, treatment specifically
addressed to the criminal offense charged, for a specified period of
time as prescribed in Section 1001.28.
(g) "Single agency diversion" means a treatment and habilitation
program developed with court approval by the regional center,
administered solely by the regional center without involvement by the
probation department, that is individually tailored to the needs of
the defendant as derived from the defendant's individual program plan
pursuant to Section 4646 of the Welfare and Institutions Code, and
that includes, but is not limited to, treatment specifically
addressed to the criminal offense charged, for a specified period of
time as prescribed in Section 1001.28.
SEC. 40. Section 1346 of the Penal Code is amended to read:
1346. (a) When a defendant has been charged with a violation of
Section 220, 243.4, 261, 261.5, 264.1, 273a, 273d, 285, 286, 288,
288a, 288.5, 289, or 647.6, and the victim either is a person 15
years of age or less or is developmentally disabled as a result of an
intellectual disability, as specified in subdivision (a) of Section
4512 of the Welfare and Institutions Code, the people may apply for
an order that the victim's testimony at the preliminary hearing, in
addition to being stenographically recorded, be recorded and
preserved on videotape.
(b) The application for the order shall be in writing and made
three days prior to the preliminary hearing.
(c) Upon timely receipt of the application, the magistrate shall
order that the testimony of the victim given at the preliminary
hearing be taken and preserved on videotape. The videotape shall be
transmitted to the clerk of the court in which the action is pending.
(d) If at the time of trial the court finds that further testimony
would cause the victim emotional trauma so that the victim is
medically unavailable or otherwise unavailable within the meaning of
Section 240 of the Evidence Code, the court may admit the videotape
of the victim's testimony at the preliminary hearing as former
testimony under Section 1291 of the Evidence Code.
(e) A videotape that is taken pursuant to this section is subject
to a protective order of the court for the purpose of protecting the
privacy of the victim. This subdivision does not affect the
provisions of subdivision (b) of Section 868.7.
(f) A videotape made pursuant to this section shall be made
available to the prosecuting attorney, the defendant, and his or her
attorney for viewing during ordinary business hours. A videotape that
is made available pursuant to this section is subject to a
protective order of the court for the purpose of protecting the
privacy of the victim.
(g) The tape shall be destroyed after five years have elapsed from
the date of entry of judgment, except that if an appeal is filed,
the tape shall not be destroyed until a final judgment on appeal has
been rendered.
SEC. 41. Section 1370.1 of the Penal Code is amended to read:
1370.1. (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 and is
developmentally disabled, the trial or judgment shall be suspended
until the defendant becomes mentally competent.
(i) Except as provided in clause (ii) or (iii), the court shall
consider a recommendation for placement, which recommendation shall
be made to the court by the director of a regional center or
designee. In the meantime, the court shall order that the mentally
incompetent defendant be delivered by the sheriff or other person
designated by the court to a state hospital or developmental center
for the care and treatment of the developmentally disabled or any
other available residential facility approved by the director of a
regional center for the developmentally disabled established under
Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code as will promote the defendant's speedy attainment
of mental competence, or be placed on outpatient status pursuant to
the provisions of Section 1370.4 and Title 15 (commencing with
Section 1600) of Part 2.
(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 developmentally
disabled 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 developmentally disabled
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 becoming competent, the court shall order that the
defendant be returned to the committing court pursuant to the
procedures set forth in paragraph (2) of subdivision (a) of Section
1372 or by another person designated by the court. The court shall
further determine conditions under which the person may be absent
from the placement for medical treatment, social visits, and other
similar activities. Required levels of supervision and security for
these activities shall be specified.
(D) The court shall transmit a copy of its order to the regional
center director or designee and to the Director of Developmental
Services.
(E) A defendant charged with a violent felony may not be placed in
a facility or delivered to a state hospital, developmental center,
or residential facility pursuant to this subdivision unless the
facility, state hospital, developmental center, or residential
facility has a secured perimeter or a locked and controlled treatment
facility, and the judge determines that the public safety will be
protected.
(F) For purposes of this paragraph, "violent felony" means an
offense specified in subdivision (c) of Section 667.5.
(G) A defendant charged with a violent felony may be placed on
outpatient status, as specified in Section 1370.4 or 1600, only if
the court finds that the placement will not pose a danger to the
health or safety of others.
(H) As used in this section, "developmental disability" means a
disability that originates before an individual attains 18 years of
age, continues, or can be expected to continue, indefinitely and
constitutes a substantial handicap for the individual, and shall not
include other handicapping conditions that are solely physical in
nature. As defined by the Director of Developmental Services, in
consultation with the Superintendent of Public Instruction, this term
shall include intellectual disability, cerebral palsy, epilepsy, and
autism. This term shall also include handicapping conditions found
to be closely related to intellectual disability or to require
treatment similar to that required for individuals with an
intellectual disability, but shall not include other handicapping
conditions that are solely physical in nature.
(2) Prior to making the order directing that the defendant be
confined in a state hospital, developmental center, or other
residential facility, or be placed on outpatient status, the court
shall order the regional center director or 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
committed to a state hospital or developmental center or to any other
available residential facility approved by the regional center
director. A person shall not be admitted to a state hospital,
developmental center, or other residential facility or accepted for
outpatient status under Section 1370.4 without having been evaluated
by the regional center director or designee.
(3) When the court orders that the defendant be confined in a
state hospital or other secure treatment facility pursuant to clause
(ii) or (iii) of subparagraph (B) of paragraph (1), the court shall
provide copies of the following documents which shall be taken with
the defendant to the state hospital or other secure treatment
facility where the defendant is to be confined:
(A) State summary criminal history information.
(B) Any arrest reports prepared by the police department or other
law enforcement agency.
(C) Records of a finding of mental incompetence pursuant to this
chapter arising out of a complaint charging a felony offense
specified in Section 290 or a pending Section 1368 proceeding arising
out of a charge of a Section 290 offense.
(4) When the defendant is committed to a residential 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
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 a finding of
mental incompetence pursuant to this chapter arising out of a charge
of a Section 290 offense.
(5) (A) If the defendant is committed or transferred to a state
hospital or developmental center pursuant to this section, the court
may, upon receiving the written recommendation of the executive
director of the state hospital or developmental center and the
regional center director that the defendant be transferred to a
residential facility approved by the regional center director, order
the defendant transferred to that facility. If the defendant is
committed or transferred to a residential facility approved by the
regional center director, the court may, upon receiving the written
recommendation of the regional center director, transfer the
defendant to a state hospital or developmental center or to another
residential facility approved by the regional center 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) or to commitment or detention pursuant to a
petition filed pursuant to Section 6502 of the Welfare and
Institutions Code.
The defendant or prosecuting attorney may contest either kind of
order of transfer by filing a petition with 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 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 regional center director
or designee.
(B) If the defendant is 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 another
facility, copies of the documents specified in paragraph (3) shall be
taken with the defendant to the new facility. 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 admission of a person committed pursuant
to subdivision (a), the executive director or designee of the state
hospital, developmental center, or other facility to which the
defendant is committed, or the outpatient supervisor where the
defendant is placed on outpatient status, shall make a written report
to the committing court and the regional center director or a
designee concerning the defendant's progress toward becoming mentally
competent. If the defendant has not become mentally competent, but
the report discloses a substantial likelihood the defendant will
become mentally competent within the next 90 days, the court may
order that the defendant shall remain in the state hospital,
developmental center, or other facility or on outpatient status for
that period of time. Within 150 days of an admission made pursuant to
subdivision (a) or if the defendant becomes mentally competent, the
executive director or designee of the hospital or developmental
center or person in charge of the facility or the outpatient
supervisor shall report to the court and the regional center director
or his or her designee regarding the defendant's progress toward
becoming mentally competent. The court shall provide to the
prosecutor and defense counsel copies of all reports under this
section. If the report indicates that there is no substantial
likelihood that the defendant has become mentally competent, 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 regional center
director or designee and to the executive director of the
developmental center.
(2) A 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 regional center
director or designee and the executive director of the developmental
center.
(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. A copy of this order shall be
sent to the regional center director or designee and to the executive
director of the developmental center.
(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) (A) 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
become mentally competent shall be returned to the committing court.
(B) The court shall notify the regional center director or
designee and the executive director of the developmental center of
that return and of any resulting court orders.
(2) In the event of dismissal of the criminal charges before the
defendant becomes mentally competent, the defendant 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), or to commitment and detention pursuant to a
petition filed pursuant to Section 6502 of the Welfare and
Institutions Code. If it is found that the person is not subject to
commitment or detention pursuant to the applicable provision of the
Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of
Division 5 of the Welfare and Institutions Code) or to commitment or
detention pursuant to a petition filed pursuant to Section 6502 of
the Welfare and Institutions Code, the individual shall not be
subject to further confinement pursuant to this article and the
criminal action remains subject to dismissal pursuant to Section
1385. The court shall notify the regional center director and the
executive director of the developmental center of any dismissal.
(d) Notwithstanding any other provision of this section, the
criminal action remains subject to dismissal pursuant to Section
1385. If at any time prior to the maximum period of time allowed for
proceedings under this article, the regional center director
concludes that the behavior of the defendant related to the defendant'
s criminal offense has been eliminated during time spent in
court-ordered programs, the court may, upon recommendation of the
regional center director, dismiss the criminal charges. The court
shall transmit a copy of any order of dismissal to the regional
center director and to the executive director of the developmental
center.
(e) For the purpose of this section, "secure treatment facility"
shall not include, except for state mental hospitals, state
developmental centers, and correctional treatment facilities, a
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 a community board and care facility.
SEC. 42. Section 1376 of the Penal Code is amended to read:
1376. (a) As used in this section, "intellectual disability"
means the condition of significantly subaverage general intellectual
functioning existing concurrently with deficits in adaptive behavior
and manifested before 18 years of age.
(b) (1) In any case in which the prosecution seeks the death
penalty, the defendant may, at a reasonable time prior to the
commencement of trial, apply for an order directing that a hearing to
determine intellectual disability be conducted. Upon the submission
of a declaration by a qualified expert stating his or her opinion
that the defendant is a person with an intellectual disability, the
court shall order a hearing to determine whether the defendant is a
person with an intellectual disability. At the request of the
defendant, the court shall conduct the hearing without a jury prior
to the commencement of the trial. The defendant's request for a court
hearing prior to trial shall constitute a waiver of a jury hearing
on the issue of intellectual disability. If the defendant does not
request a court hearing, the court shall order a jury hearing to
determine if the defendant is a person with an intellectual
disability. The jury hearing on intellectual disability shall occur
at the conclusion of the phase of the trial in which the jury has
found the defendant guilty with a finding that one or more of the
special circumstances enumerated in Section 190.2 are true. Except as
provided in paragraph (3), the same jury shall make a finding that
the defendant is a person with an intellectual disability or that the
defendant does not have an intellectual disability.
(2) For the purposes of the procedures set forth in this section,
the court or jury shall decide only the question of the defendant's
intellectual disability. The defendant shall present evidence in
support of the claim that he or she is a person with an intellectual
disability. The prosecution shall present its case regarding the
issue of whether the defendant is a person with an intellectual
disability. Each party may offer rebuttal evidence. The court, for
good cause in furtherance of justice, may permit either party to
reopen its case to present evidence in support of or opposition to
the claim of intellectual disability. Nothing in this section shall
prohibit the court from making orders reasonably necessary to ensure
the production of evidence sufficient to determine whether or not the
defendant is a person with an intellectual disability, including,
but not limited to, the appointment of, and examination of the
defendant by, qualified experts. A statement made by the defendant
during an examination ordered by the court shall not be admissible in
the trial on the defendant's guilt.
(3) At the close of evidence, the prosecution shall make its final
argument, and the defendant shall conclude with his or her final
argument. The burden of proof shall be on the defense to prove by a
preponderance of the evidence that the defendant is a person with an
intellectual disability. The jury shall return a verdict that either
the defendant is a person with an intellectual disability or the
defendant does not have an intellectual disability. The verdict of
the jury shall be unanimous. In any case in which the jury has been
unable to reach a unanimous verdict that the defendant is a person
with an intellectual disability, and does not reach a unanimous
verdict that the defendant does not have an intellectual disability,
the court shall dismiss the jury and order a new jury impaneled to
try the issue of intellectual disability. The issue of guilt shall
not be tried by the new jury.
(c) In the event the hearing is conducted before the court prior
to the commencement of the trial, the following shall apply:
(1) If the court finds that the defendant is a person with an
intellectual disability, the court shall preclude the death penalty
and the criminal trial thereafter shall proceed as in any other case
in which a sentence of death is not sought by the prosecution. If the
defendant is found guilty of murder in the first degree, with a
finding that one or more of the special circumstances enumerated in
Section 190.2 are true, the court shall sentence the defendant to
confinement in the state prison for life without the possibility of
parole. The jury shall not be informed of the prior proceedings or
the findings concerning the defendant's claim of intellectual
disability.
(2) If the court finds that the defendant does not have an
intellectual disability, the trial court shall proceed as in any
other case in which a sentence of death is sought by the prosecution.
The jury shall not be informed of the prior proceedings or the
findings concerning the defendant's claim of intellectual disability.
(d) In the event the hearing is conducted before the jury after
the defendant is found guilty with a finding that one or more of the
special circumstances enumerated in Section 190.2 are true, the
following shall apply:
(1) If the jury finds that the defendant is a person with an
intellectual disability, the court shall preclude the death penalty
and shall sentence the defendant to confinement in the state prison
for life without the possibility of parole.
(2) If the jury finds that the defendant does not have an
intellectual disability, the trial shall proceed as in any other case
in which a sentence of death is sought by the prosecution.
(e) In any case in which the defendant has not requested a court
hearing as provided in subdivision (b), and has entered a plea of not
guilty by reason of insanity under Sections 190.4 and 1026, the
hearing on intellectual disability shall occur at the conclusion of
the sanity trial if the defendant is found sane.
SEC. 43. 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, intellectual disability or other developmental disability,
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 14 years of age 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 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. 44. Section 1420 of the Probate Code is amended to read:
1420. "Developmental disability" means a disability that
originates before an individual attains 18 years of age, continues,
or can be expected to continue, indefinitely, and constitutes a
substantial handicap for the individual. As defined by the Director
of Developmental Services, in consultation with the Superintendent of
Public Instruction, this term includes intellectual disability,
cerebral palsy, epilepsy, and autism. This term also includes
handicapping conditions found to be closely related to intellectual
disability or to require treatment similar to that required for
individuals with an intellectual disability, but does not include
other handicapping conditions that are solely physical in nature.
SEC. 45. Section 25276 of the Vehicle Code is amended to read:
25276. (a) A motor vehicle designed for carrying more than eight
persons, including the driver, owned by a private, nonprofit
organization that provides training or other activities for persons
who have intellectual or physical disabilities, or both, and that is
certified by the Department of Rehabilitation or licensed by the
State Department of Developmental Services, with respect to the
providing of this training or other activities, may be equipped with
a flashing amber light signal system.
(b) A motor vehicle, described in subdivision (a), may, while
actually engaged in the transportation of persons described in
subdivision (a) to or from a training or activity center operated by
the organization, display the flashing amber lights of the system
when necessarily parked upon a highway and in the process of loading
or unloading persons.
(c) Subdivisions (a) and (b) apply to a motor vehicle that is
rented, leased, or chartered by the organization.
SEC. 46. Section 4417 of the Welfare and Institutions Code is
amended to read:
4417. The State Department of Developmental Services may:
(a) Disseminate educational information relating to the
prevention, diagnosis and treatment of intellectual disability.
(b) Upon request, advise all public officers, organizations and
agencies interested in the developmental disabilities of the people
of the state.
(c) Conduct educational and related work that will tend to
encourage the development of proper developmental disabilities
facilities throughout the state.
The department may organize, establish and maintain community
mental hygiene clinics for the prevention, early diagnosis, and
treatment of intellectual disability. These clinics may be maintained
only for persons not requiring institutional care, who voluntarily
seek the aid of the clinics. These clinics may be maintained at the
locations in the communities of the state designated by the director,
or at any institution under the jurisdiction of the department
designated by the director.
The department may establish rules and regulations that are
necessary to carry out this section. This section does not authorize
any form of compulsory medical or physical examination, treatment, or
control of any person.
SEC. 47. Section 4426 of the Welfare and Institutions Code is
amended to read:
4426. The department may inquire into the manner in which a
person with an intellectual disability who is subject to commitment,
not confined in a state hospital, is cared for and maintained. If, in
its judgment, the person is not properly and suitably cared for, the
department may apply to a judge of the superior court for an order
to commit him or her to a state hospital under the provisions of this
code. This order shall not be made unless the judge finds, and
certifies in the order, that the person is not properly or suitably
cared for by his or her relatives, legal guardian, or conservator, or
that it is dangerous to the public to allow him or her to be cared
for and maintained by the relatives, legal guardian, or conservator.
SEC. 48. Section 4512 of the Welfare and Institutions Code is
amended to read:
4512. As used in this division:
(a) "Developmental disability" means a disability that originates
before an individual attains 18 years of age, continues, or can be
expected to continue, indefinitely, and constitutes a substantial
disability for that individual. As defined by the Director of
Developmental Services, in consultation with the Superintendent of
Public Instruction, this term shall include intellectual disability,
cerebral palsy, epilepsy, and autism. This term shall also include
disabling conditions found to be closely related to intellectual
disability or to require treatment similar to that required for
individuals with intellectual disability, but shall not include other
handicapping conditions that are solely physical in nature.
(b) (1) "Services and supports for persons with developmental
disabilities" means specialized services and supports or special
adaptations of generic services and supports directed toward the
alleviation of a developmental disability or toward the social,
personal, physical, or economic habilitation or rehabilitation of an
individual with a developmental disability, or toward the achievement
and maintenance of independent, productive, normal lives. The
determination of services and supports that are necessary for each
consumer shall be made through the individual program plan process.
The determination shall be made on the basis of the needs and
preferences of the consumer or, when appropriate, the consumer's
family, and shall include consideration of a range of service options
proposed by individual program plan participants, the effectiveness
of each option in meeting the goals stated in the individual program
plan, and the cost-effectiveness of each option.
(2) Services and supports listed in the individual program plan
may include, but are not limited to, any of the following: diagnosis,
evaluation, treatment, personal care, day care, domiciliary care,
special living arrangements, physical, occupational, and speech
therapy, training, education, supported and sheltered employment,
mental health services, recreation, counseling of the individual with
a developmental disability and of his or her family, protective and
other social and sociolegal services, information and referral
services, follow-along services, adaptive equipment and supplies,
advocacy assistance, including self-advocacy training, facilitation
and peer advocates, assessment, assistance in locating a home, child
care, behavior training and behavior modification programs, camping,
community integration services, community support, daily living
skills training, emergency and crisis intervention, facilitating
circles of support, habilitation, homemaker services, infant
stimulation programs, paid roommates, paid neighbors, respite,
short-term out-of-home care, social skills training, specialized
medical and dental care, supported living arrangements, technical and
financial assistance, travel training, training for parents of
children with developmental disabilities, training for parents with
developmental disabilities, vouchers, and transportation services
necessary to ensure delivery of services to persons with
developmental disabilities.
(3) Nothing in this subdivision is intended to expand or authorize
a new or different service or support for any consumer unless that
service or support is contained in his or her individual program
plan.
(c) Notwithstanding subdivisions (a) and (b), for any organization
or agency receiving federal financial participation under the
federal Developmental Disabilities Assistance and Bill of Rights Act,
as amended "developmental disability" and "services for persons with
developmental disabilities" means the terms as defined in the
federal act to the extent required by federal law.
(d) "Consumer" means a person who has a disability that meets the
definition of developmental disability set forth in subdivision (a).
(e) "Natural supports" means personal associations and
relationships typically developed in the community that enhance the
quality and security of life for people, including, but not limited
to, family relationships, friendships reflecting the diversity of the
neighborhood and the community, associations with fellow students or
employees in regular classrooms and workplaces, and associations
developed through participation in clubs, organizations, and other
civic activities.
(f) "Circle of support" means a committed group of community
members, who may include family members, meeting regularly with an
individual with developmental disabilities in order to share
experiences, promote autonomy and community involvement, and assist
the individual in establishing and maintaining natural supports. A
circle of support generally includes a plurality of members who
neither provide nor receive services or supports for persons with
developmental disabilities and who do not receive payment for
participation in the circle of support.
(g) "Facilitation" means the use of modified or adapted materials,
special instructions, equipment, or personal assistance by an
individual, including assistance with communications, that will
enable a consumer to understand and participate to the maximum extent
possible in the decisions and choices that affect his or her life.
(h) "Family support services" means services and supports that are
provided to a child with developmental disabilities or his or her
family and that contribute to the ability of the family to reside
together.
(i) "Voucher" means an authorized alternative form of service
delivery in which the consumer or family member is provided with a
payment, coupon, chit, or other form of authorization that enables
the consumer or family member to choose his or her own service
provider.
(j) "Planning team" means the individual with developmental
disabilities, the parents or legally appointed guardian of a minor
consumer or the legally appointed conservator of an adult consumer,
the authorized representative, including those appointed pursuant to
subdivision (d) of Section 4548 and subdivision (e) of Section 4705,
one or more regional center representatives, including the designated
regional center service coordinator pursuant to subdivision (b) of
Section 4640.7, an individual, including a service provider, invited
by the consumer, the parents or legally appointed guardian of a minor
consumer or the legally appointed conservator of an adult consumer,
or the authorized representative, including those appointed pursuant
to subdivision (d) of Section 4548 and subdivision (e) of Section
4705, and including a minor's, dependent's, or ward's court-appointed
developmental services decisionmaker appointed pursuant to Section
319, 361, or 726.
(k) "Stakeholder organizations" means statewide
organizations representing the interests of consumers, family
members, service providers, and statewide advocacy organizations.
(l) "Substantial disability" means the existence of significant
functional limitations in three or more of the following areas of
major life activity, as determined by a regional center, and as
appropriate to the age of the person:
(1) Self-care.
(2) Receptive and expressive language.
(3) Learning.
(4) Mobility.
(5) Self-direction.
(6) Capacity for independent living.
(7) Economic self-sufficiency.
A reassessment of substantial disability for purposes of
continuing eligibility shall utilize the same criteria under which
the individual was originally made eligible.
SEC. 49. Section 4801 of the Welfare and Institutions Code is
amended to read:
4801. (a) Judicial review shall be in the superior court for the
county in which the state hospital, developmental center, community
care facility, or health facility is located, except that, if the
adult 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 of the county that determined the question of the
mental competence of the defendant. The adult requesting to be
released shall be informed of his or her right to counsel by a member
of the staff of the state hospital, developmental center, community
care facility, or health facility and by the court; and if he or she
does not have an attorney for the proceedings, the court shall
immediately appoint the public defender or other attorney to assist
him or her in the preparation of a petition for the writ of habeas
corpus and to represent him or her in the proceedings. The person
shall pay the costs of those legal services if he or she is able.
(b) At the time the petition for the writ of habeas corpus is
filed with the court, the clerk of the court shall transmit a copy of
the petition, together with notification as to the time and place of
an evidentiary hearing in the matter, to the parent or conservator
of the person seeking release or for whom release is sought and to
the director of the appropriate regional center. Notice shall also be
provided to the director of the appropriate developmental center if
the person seeking release or for whom release is sought resides in a
developmental center. The notice shall be sent by registered or
certified mail with proper postage prepaid, addressed to the
addressee's last known address, and with a return receipt requested.
(c) The court shall either release the adult or order an
evidentiary hearing to be held not sooner than five judicial days nor
more than 10 judicial days after the petition and notice to the
adult's parent or conservator and to the director of the appropriate
regional center and developmental center are deposited in the United
States mail pursuant to this section.
(1) Except as provided in paragraph (2), if the court finds (A)
that the adult requesting release or for whom release is requested is
not developmentally disabled, or (B) that he or she is
developmentally disabled and that he or she is able to provide safely
for his or her basic personal needs for food, shelter, and clothing,
he or she shall be released within 72 hours. If the court finds that
he or she is developmentally disabled and that he or she is unable
to provide safely for his or her basic personal needs for food,
shelter, or clothing, but that a responsible person or a regional
center or other public or private agency is willing and able to
provide therefor, the court shall release the developmentally
disabled adult to the responsible person or regional center or other
public or private agency, as the case may be, subject to any
conditions that the court deems proper for the welfare of the
developmentally disabled adult and that are consistent with the
purposes of this division.
(2) If the person is charged with a violent felony and has been
committed to his or her current placement pursuant to Section 1370.1
of the Penal Code or Section 6500, and the court finds (A) that the
adult requesting release or for whom release is requested is not a
person with a developmental or intellectual disability, or (B) that
he or she is able to provide safely for his or her basic personal
needs for food, shelter, and clothing, the court shall, before
releasing the person, determine that the release will not pose a
danger to the health or safety of others due to the person's known
behavior. If the court finds there is no danger pursuant to the
finding required by subparagraph (D) of paragraph (1) of subdivision
(a) of Section 1370.1 of the Penal Code, the person shall be released
within 72 hours. If the person's release poses a danger to the
health or safety of others, the court may grant or deny the request,
taking into account the danger to the health or safety of others
posed by the person. If the court finds that release of the person
can be made subject to conditions that the court deems proper for the
preservation of public health and safety and the welfare of the
person, the person shall be released subject to those conditions.
(d) If in a proceeding under this section, the court finds that
the adult is developmentally disabled and has no parent or
conservator, and is in need of a conservator, the court shall order
the appropriate regional center or the state department to initiate,
or cause to be initiated, proceedings for the appointment of a
conservator for the developmentally disabled adult.
(e) This section shall become operative January 1, 1988.
SEC. 50. Section 5002 of the Welfare and Institutions Code is
amended to read:
5002. Mentally disordered persons and persons impaired by chronic
alcoholism may no longer be judicially committed.
Mentally disordered persons shall receive services pursuant to
this part. Persons impaired by chronic alcoholism may receive
services pursuant to this part if they elect to do so pursuant to
Article 3 (commencing with Section 5225) of Chapter 2.
Epileptics may no longer be judicially committed.
This part shall not be construed to repeal or modify laws relating
to the commitment of mentally disordered sex offenders, persons with
an intellectual disability, and mentally disordered criminal
offenders, except as specifically provided in Section 4011.6 of the
Penal Code or as specifically provided in other statutes.
SEC. 51. 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 that may appear to constitute a
problem. A person who provides evaluation services shall be a
properly qualified professional and may be a full-time employee of an
agency providing evaluation services or may be a part-time employee
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 hospital and other services
that 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 whom 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. A person
shall be advised of available precare services that prevent initial
recourse to hospital treatment or aftercare services that support
adjustment to community living following hospital treatment. These
services may be provided through county welfare departments, the
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 that 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 the 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 persons with
intellectual disabilities by reason of having an intellectual
disability 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. 52. Section 5325 of the Welfare and
Institutions Code is amended to read:
5325. Each person involuntarily detained for evaluation or
treatment under provisions of this part, each person admitted as a
voluntary patient for psychiatric evaluation or treatment to any
health facility, as defined in Section 1250 of the Health and Safety
Code, in which psychiatric evaluation or treatment is offered, and
each person with an intellectual disability committed to a state
hospital pursuant to Article 2 (commencing with Section 6500) of
Chapter 2 of Part 2 of Division 6 shall have the following rights, a
list of which shall be prominently posted in the predominant
languages of the community and explained in a language or modality
accessible to the patient in all facilities providing these services
and otherwise brought to his or her attention by additional means
that the Director of Mental Health may designate by regulation:
(a) To wear his or her own clothes; to keep and use his or her own
personal possessions including his or her toilet articles; and to
keep and be allowed to spend a reasonable sum of his or her own money
for canteen expenses and small purchases.
(b) To have access to individual storage space for his or her
private use.
(c) To see visitors each day.
(d) To have reasonable access to telephones, both to make and
receive confidential calls or to have calls made for them.
(e) To have ready access to letterwriting materials, including
stamps, and to mail and receive unopened correspondence.
(f) To refuse convulsive treatment including, but not limited to,
any electroconvulsive treatment, any treatment of the mental
condition that depends on the induction of a convulsion by any means,
and insulin coma treatment.
(g) To refuse psychosurgery. Psychosurgery is defined as those
operations currently referred to as lobotomy, psychiatric surgery,
and behavioral surgery and all other forms of brain surgery if the
surgery is performed for the purpose of any of the following:
(1) Modification or control of thoughts, feelings, actions, or
behavior rather than the treatment of a known and diagnosed physical
disease of the brain.
(2) Modification of normal brain function or normal brain tissue
in order to control thoughts, feelings, actions, or behavior.
(3) Treatment of abnormal brain function or abnormal brain tissue
in order to modify thoughts, feelings, actions, or behavior when the
abnormality is not an established cause for those thoughts, feelings,
actions, or behavior.
Psychosurgery does not include prefrontal sonic treatment wherein
there is no destruction of brain tissue. The Director of Mental
Health shall promulgate appropriate regulations to assure adequate
protection of patients' rights in such treatment.
(h) To see and receive the services of a patient advocate who has
no direct or indirect clinical or administrative responsibility for
the person receiving mental health services.
(i) Other rights, as specified by regulation.
Each patient shall also be given notification in a language or
modality accessible to the patient of other constitutional and
statutory rights that are found by the State Department of Mental
Health to be frequently misunderstood, ignored, or denied.
Upon admission to a facility each patient shall immediately be
given a copy of a State Department of Mental Health prepared patients'
rights handbook.
The State Department of Mental Health shall prepare and provide
the forms specified in this section and in Section 5157.
The rights specified in this section may not be waived by the
person's parent, guardian, or conservator.
SEC. 52. Section 5325 of the Welfare
and Institutions Code is amended to read:
5325. Each person involuntarily detained for evaluation or
treatment under provisions of this part, and each
person admitted as a voluntary patient for psychiatric evaluation or
treatment to any health facility, as defined in Section 1250 of the
Health and Safety Code, in which psychiatric evaluation or treatment
is offered, and each person with an intellectual disability
committed to a state hospital pursuant to Article 2 (commencing with
Section 6500) of Chapter 2 of Part 2 of Division 6, shall have
the following rights, a list of which shall be prominently posted in
the predominant languages of the community and explained in a
language or modality accessible to the patient in all facilities
providing those these services, and
otherwise brought to his or her attention by any
additional means as the Director of Health Care Services may
designate by regulation. Each person committed to a state hospital
shall also have the following rights, a list of which shall be
prominently posted in the predominant languages of the community and
explained in a language or modality accessible to the patient in all
facilities providing those services and otherwise brought to his or
her attention by any additional means as the Director of State
Hospitals may designate by regulation:
(a) To wear his or her own clothes; to keep and use his or her own
personal possessions including his or her toilet articles; and to
keep and be allowed to spend a reasonable sum of his or her own money
for canteen expenses and small purchases.
(b) To have access to individual storage space for his or her
private use.
(c) To see visitors each day.
(d) To have reasonable access to telephones, both to make and
receive confidential calls or to have such calls
made for them.
(e) To have ready access to letterwriting materials, including
stamps, and to mail and receive unopened correspondence.
(f) To refuse convulsive treatment including, but not limited to,
any electroconvulsive treatment, any treatment of the mental
condition which that depends on the
induction of a convulsion by any means, and insulin coma treatment.
(g) To refuse psychosurgery. Psychosurgery is defined as those
operations currently referred to as lobotomy, psychiatric surgery,
and behavioral surgery, surgery and all
other forms of brain surgery if the surgery is performed for the
purpose of any of the following:
(1) Modification or control of thoughts, feelings, actions, or
behavior rather than the treatment of a known and diagnosed physical
disease of the brain.
(2) Modification of normal brain function or normal brain tissue
in order to control thoughts, feelings, actions, or behavior.
(3) Treatment of abnormal brain function or abnormal brain tissue
in order to modify thoughts, feelings, actions
actions, or behavior when the abnormality is not an
established cause for those thoughts, feelings, actions, or behavior.
Psychosurgery does not include prefrontal sonic treatment wherein
there is no destruction of brain tissue. The Director of Health Care
Services and the Director of State Hospitals shall promulgate
appropriate regulations to assure adequate protection of patients'
rights in such treatment.
(h) To see and receive the services of a patient advocate who has
no direct or indirect clinical or administrative responsibility for
the person receiving mental health services.
(i) Other rights, as specified by regulation.
Each patient shall also be given notification in a language or
modality accessible to the patient of other constitutional and
statutory rights which that are found
by the State Department of Health Care Services and the State
Department of State Hospitals to be frequently misunderstood,
ignored, or denied.
Upon admission to a facility each patient, involuntarily detained
for evaluation or treatment under provisions of this part, or as a
voluntary patient for psychiatric evaluation or treatment to a health
facility, as defined in Section 1250 of the Health and Safety Code,
in which psychiatric evaluation or treatment is offered, shall
immediately be given a copy of a State Department of Health Care
Services prepared patients' rights handbook. Each person committed to
a state hospital, upon admission, shall immediately be given a copy
of a State Department of State Hospitals prepared patients' rights
handbook.
The State Department of Health Care Services and the State
Department of State Hospitals shall prepare and provide the forms
specified in this section. The State Department of Health Care
Services shall prepare and provide the forms specified in Section
5157.
The rights specified in this section may not be waived by the
person's parent, guardian, or conservator.
SEC. 53. Section 5585.25 of the Welfare and Institutions Code is
amended to read:
5585.25. "Gravely disabled minor" means a minor who, as a result
of a mental disorder, is unable to use the elements of life that are
essential to health, safety, and development, including food,
clothing, and shelter, even though provided to the minor by others.
Intellectual disability, epilepsy, or other developmental
disabilities, alcoholism, other drug abuse, or repeated antisocial
behavior do not, by themselves, constitute a mental disorder.
SEC. 54. Section 6250 of the Welfare and Institutions Code is
amended to read:
6250. As used in this part, "persons subject to judicial
commitment" means persons who may be judicially committed under this
part as mentally disordered sex offenders pursuant to Article 1
(commencing with Section 6331), sexually violent predators pursuant
to Article 4 (commencing with Section 6600), or persons with
intellectual disabilities pursuant to Article 2 (commencing with
Section 6500) of Chapter 2.
Nothing in this part shall be held to change or interfere with the
provisions of the Penal Code and other laws relating to mentally
disordered persons charged with crime or to the criminally insane.
This part shall be liberally construed so that, as far as possible
and consistent with the rights of persons subject to commitment,
those persons shall be treated, not as criminals, but as sick
persons.
SEC. 55. The heading of Article 2 (commencing with Section 6500)
of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions
Code is amended to read:
Article 2. Persons with Intellectual Disabilities
SEC. 56. Section 6505 of the Welfare and Institutions Code is
amended to read:
6505. Whenever the court considers it necessary or advisable, it
may cause an order to issue for the apprehension and delivery to the
court of the person alleged to have a developmental disability, and
may have the order executed by a peace officer.
SEC. 57. Section 6513 of the Welfare and Institutions Code is
amended to read:
6513. (a) The State Department of Developmental Services shall
pay for the costs, as defined in this section, of judicial
proceedings, including commitment, placement, or release, under this
article under both of the following conditions:
(1) The judicial proceedings are in a county where a state
hospital or developmental center maintains a treatment program for
persons with intellectual disabilities who are a danger to themselves
or others.
(2) The judicial proceedings relate to a person with an
intellectual disability who is at the time residing in the state
hospital or developmental center located in the county of the
proceedings.
(b) The appropriate financial officer or other designated official
in a county described in subdivision (a) may prepare a statement of
all costs incurred by the county in the investigation, preparation
for, and conduct of the proceeding, including any costs of the
district attorney or county counsel and any public defender or
court-appointed counsel representing the person, and including any
costs incurred by the county for the guarding or keeping of the
person while away from the state hospital and for transportation of
the person to and from the hospital. The statement shall be certified
by a judge of the superior court and shall be sent to the State
Department of Developmental Services. In lieu of sending statements
after each proceeding, the statements may be held and submitted
quarterly for the preceding three-month period.
SEC. 58. Section 6551 of the Welfare and
Institutions Code is amended to read:
6551. (a) (1) If the court is in doubt as to whether the person
is mentally disordered or has an intellectual disability, the court
shall order the person to be taken to a
facility designated by the county and approved by
the State Department of Mental Health as a facility for 72-hour
treatment and evaluation. Thereupon, Article 1 (commencing with
Section 5150) of Chapter 2 of Part 1 of Division 5 applies, except
that the professional person in charge of the facility shall make a
written report to the court concerning the results of the evaluation
of the person's mental condition.
(2) If the professional person in charge of the facility finds the
person is, as a result of mental disorder, in need of intensive
treatment, the person may be certified for not more than 14 days of
involuntary intensive treatment if the conditions set forth in
subdivision (c) of Section 5250 and subdivision (b) of Section 5260
are complied with. Thereupon, Article 4 (commencing with Section
5250) of Chapter 2 of Part 1 of Division 5 shall apply to the person.
The person may be detained pursuant to Article 4.5 (commencing with
Section 5260), or Article 4.7 (commencing with Section 5270.10), or
Article 6 (commencing with Section 5300) of Chapter 2 of Part 1 of
Division 5 if that article applies.
(b) (1) If the professional person in charge of the facility finds
that the person has an intellectual disability, the juvenile court
may direct the filing in any other court of a petition for the
commitment of a minor as a person with an intellectual disability to
the State Department of Developmental Services for placement in a
state hospital. In this case, the juvenile court shall transmit to
the court in which the petition is filed a copy of the report of the
professional person in charge of the facility in which the minor was
placed for observation.
(2) The court in which the petition for commitment is filed may
accept the report of the professional person in lieu of the
appointment, or subpoenaing, and testimony of other expert witnesses
appointed by the court, if the laws applicable to the commitment
proceedings provide for the appointment by court of medical or other
expert witnesses or may consider the report as evidence in addition
to the testimony of medical or other expert witnesses.
(c) If the professional person in charge of the facility for
72-hour evaluation and treatment reports to the juvenile court that
the minor is not affected with a mental disorder requiring intensive
treatment or does not have an intellectual disability, the
professional person in charge of the facility shall return the minor
to the juvenile court on or before the expiration of the 72-hour
period and the court shall proceed with the case in accordance with
the Juvenile Court Law.
(d) An expenditure for the evaluation or intensive treatment of a
minor under this section shall be considered an expenditure made
under Part 2 (commencing with Section 5600) of Division 5 and shall
be reimbursed by the state as are other local expenditures pursuant
to that part.
(e) The jurisdiction of the juvenile court over the minor shall be
suspended during the time that the minor is subject to the
jurisdiction of the court in which the petition for postcertification
treatment of an imminently dangerous person or the petition for
commitment of a person with an intellectual disability is filed or
under remand for 90 days for intensive treatment or commitment
ordered by the court.
SEC. 58. Section 6551 of the Welfare
and Institutions Code is amended to read:
6551. (a) (1) If the
court is in doubt as to whether the person is mentally disordered or
mentally retarded has an intellectual
disability , the court shall order the person to be taken to a
facility designated by the county and approved by the State
Department of Social Services as a facility for 72-hour treatment and
evaluation. Thereupon, Article 1 (commencing with Section 5150) of
Chapter 2 of Part 1 of Division 5 applies, except that the
professional person in charge of the facility shall make a written
report to the court concerning the results of the evaluation of the
person's mental condition. If
(2) If the professional person in
charge of the facility finds the person is, as a result of mental
disorder, in need of intensive treatment, the person may be certified
for not more than 14 days of involuntary intensive treatment if the
conditions set forth in subdivision (c) of Section 5250 and
subdivision (b) of Section 5260 are complied with. Thereupon, Article
4 (commencing with Section 5250) of Chapter 2 of Part 1 of Division
5 shall apply to the person. The person may be detained pursuant to
Article 4.5 (commencing with Section 5260), or Article 4.7
(commencing with Section 5270.10), or Article 6 (commencing with
Section 5300) of Part 1 of Division 5 if that article applies.
If
(b) (1) If
the professional person in charge of the facility finds that the
person is mentally retarded has an
intellectual disability , the juvenile court may direct the
filing in any other court of a petition for the commitment of a minor
as a mentally retarded person with an
intellectual disability to the State Department of
Developmental Services for placement in a state hospital. In
such this case, the juvenile court shall
transmit to the court in which the petition is filed a copy of the
report of the professional person in charge of the facility in which
the minor was placed for observation. The
(2) The court in which the
petition for commitment is filed may accept the report of the
professional person in lieu of the appointment, or subpoenaing, and
testimony of other expert witnesses appointed by the court, if the
laws applicable to such commitment proceedings provide for the
appointment by court of medical or other expert witnesses or may
consider the report as evidence in addition to the testimony of
medical or other expert witnesses.
If
(c) If the professional person in
charge of the facility for 72-hour evaluation and treatment reports
to the juvenile court that the minor is not affected with
any a mental disorder requiring intensive
treatment or mental retardation does not have
an intellectual disability , the professional person in charge
of the facility shall return the minor to the juvenile court on or
before the expiration of the 72-hour period and the court shall
proceed with the case in accordance with the Juvenile Court Law.
Any
(d) An expenditure for the
evaluation or intensive treatment of a minor under this section shall
be considered an expenditure made under Part 2 (commencing with
Section 5600) of Division 5 and shall be reimbursed by the state as
are other local expenditures pursuant to that part.
The
(e) The jurisdiction of the
juvenile court over the minor shall be suspended during the time that
the minor is subject to the jurisdiction of the court in which the
petition for postcertification treatment of an imminently dangerous
person or the petition for commitment of a mentally retarded
person with an intellectual disability is filed
or under remand for 90 days for intensive treatment or commitment
ordered by the court.
SEC. 59. The heading of Article 4 (commencing with Section 6715)
of Chapter 3 of Part 2 of Division 6 of the Welfare and Institutions
Code is amended to read:
Article 4. Persons with Intellectual Disabilities
SEC. 60. Section 6715 of the Welfare and Institutions Code is
amended to read:
6715. The court shall inquire into the financial condition of the
parent, guardian, or other person charged with the support of a
person committed as having an intellectual disability, and if it
finds the person able to do so, in whole or in part, it shall make a
further order, requiring him or her to pay, to the extent the court
considers the person able, the expenses of the proceedings in
connection with the investigation, detention, and commitment of the
person committed, and the expenses of the committed person's delivery
to the institution, and to pay to the county, at stated periods, the
sums the court deems proper, during the time the person remains in
the institution or on leave of absence to a licensed hospital,
facility, or home for the care of those persons. This order may be
enforced by further orders as the court deems necessary, and may be
varied, altered, or revoked in its discretion.
The court shall designate a county officer to keep a record of
payments ordered to be made, to receive, receipt for, and record the
payments made, to pay over the payments to the county treasurer, to
see that the persons ordered to make the payments comply with the
orders, and to report to the court any failure to make the payments.
SEC. 61. Section 6717 of the Welfare and Institutions Code is
amended to read:
6717. The cost necessarily incurred in determining whether a
person is a fit subject for commitment and securing his or her
commitment, is a charge upon the county where he or she is committed.
These costs include the fees of witnesses, medical examiners,
psychiatrists, and psychologists allowed by the judge ordering the
examination. If the person sought to be committed is not an indigent
person, the costs of the proceedings are the obligation of that
person and shall be paid by him or her, or by his or her guardian or
conservator, as provided in Division 4 (commencing with Section 1400)
of the Probate Code, or shall be paid by persons legally liable for
his or her maintenance, unless otherwise ordered by the judge.
SEC. 62. The heading of Article 4 (commencing with Section 6740)
of Chapter 4 of Part 2 of Division 6 of the Welfare and Institutions
Code is amended to read:
Article 4. Persons with Intellectual Disabilities
SEC. 63. Section 6740 of the Welfare and Institutions Code is
amended to read:
6740. The court shall attach to the order of commitment of a
person with an intellectual disability its findings and conclusions,
together with all the social and other data it has bearing upon the
case, and the same shall be delivered to the place of commitment with
the order.
SEC. 64. Section 6741 of the Welfare and Institutions Code is
amended to read:
6741. The sheriff or probation officer, whichever is designated
by the court, may execute the order of commitment with respect to a
person with an intellectual disability.
In a case in which the probation officer executes the order of
commitment, he or she shall be compensated for transporting the
person to a state hospital in the amount and manner that a sheriff is
compensated for similar services.
SEC. 65. Section 7275 of the Welfare and Institutions Code is
amended to read:
7275. The husband, wife, father, mother, or children of a patient
in a state hospital for the mentally disordered, the estates of
these persons, and the guardian or conservator and administrator of
the estate of the patient shall cause him or her to be properly and
suitably cared for and maintained, and shall pay the costs and
charges for transportation to a state institution. The husband, wife,
father, mother, or children of a patient in a state hospital for the
mentally disordered and the administrators of their estates, and the
estate of the person shall be liable for his or her care, support,
and maintenance in a state institution of which he or she is a
patient. The liability of these persons and estates shall be a joint
and several liability, and the liability shall exist whether the
person has become a patient of a state institution pursuant to the
provisions of this code or pursuant to the provisions of Sections
1026, 1368, 1369, 1370, and 1372 of the Penal Code.
This section does not impose liability for the care of persons
with intellectual disabilities in state hospitals.
SEC. 66. Section 7351 of the Welfare and Institutions Code is
amended to read:
7351. Wherever in any provision of this code heretofore or
hereafter enacted the term "parole" is used in relation to the
release of a patient from a state hospital, it shall be construed to
refer to and mean "leave of absence." A judicially committed patient
or patient with an intellectual disability granted a leave of absence
on or after July 1, 1969, and a patient on leave of absence as of
July 1, 1969, may at any time during the period of the leave of
absence be recalled and returned to the hospital.
Upon the release of a judicially committed patient as granted by
the medical director of a state hospital, on leave of absence or
discharge upon any of the grounds provided in this article, in
accordance with the rules and regulations prescribed by the
department, the superintendent shall issue to or on behalf of the
judicially committed patient a document stating the general terms or
limitations of the leave of absence, or a certificate stating the
general condition of, or the reason for, the discharge of the
judicially committed patient.
SEC. 67. Section 11014 of the Welfare and Institutions Code is
amended to read:
11014. To the extent that any provision of this part prohibits
the granting of aid to persons confined in a public institution for
tuberculosis or mental disease or as a result of the diagnosis of
tuberculosis, intellectual disability, or psychosis permitted by
federal law, that provision shall be inoperative.
SEC. 68. (a) It is the intent of the Legislature that this act
shall be construed to amend provisions of state law to replace the
term "mental retardation" with "intellectual disability," and the
term "mentally retarded person" with "person with intellectual
disabilities," and shall not be construed to change the coverage,
eligibility, rights, responsibilities, or substantive definitions
referred to in the amended provisions of this act.
(b) It is the intent of the Legislature that future statutory and
administrative revisions to reflect the change in terminology
provided for in this act shall be made only in the course of other
necessary revisions or amendments, in order to minimize costs to the
state.
(c) As used in a state regulation, state publication, or other
writing, the terms "mental retardation" and "mentally retarded person"
have the same meaning as the terms "intellectual disability" and
"person with an intellectual disability," unless the context or an
explicit provision of federal or state law clearly requires a
different meaning.
(d) For purposes of this section, "person" includes child,
defendant, individual, minor, pupil, and other words used to describe
a type of person.
SEC. 69. Any section of any act enacted by the Legislature during
the 2012 calendar year, except for Senate Bill 1381, that takes
effect on or before January 1, 2013, and that amends, amends and
renumbers, adds, repeals and adds, or repeals Section 51765
of the Education Code or Section 12926 of the Government Code,
a section that is amended, amended and renumbered,
added, repealed and added, or repealed by this act shall
prevail over this act, whether that act is enacted prior to, or
subsequent to, the enactment of this act. The repeal, or repeal and
addition, of any article, chapter, part, title, or division of any
code by this act shall not become operative if any section of any
other act that is enacted by the Legislature during the 2012 calendar
year and takes effect on or before January 1, 2013, amends, amends
and renumbers, adds, repeals and adds, or repeals any section
contained in that article, chapter, part, title, or division.