Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 610

Introduced by Assembly Member Achadjian

February 20, 2013

An act to amend begin delete Section 4016.5 of the Penal Code end delete begin insert Section 4117 of the Welfare and Institutions Code end insert , relating to begin delete prisoners end delete begin insert state hospitals end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 610, as amended, Achadjian. begin delete Prisoners: detention costs. end delete begin insert State hospitals: involuntary treatment. end insert

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Existing law requires a county to submit a statement of all mental health treatment costs and a separate statement of nontreatment costs, to be submitted to the State Department of State Hospitals and the Controller, respectively, when a trial or hearing is held for specified inmates of state hospitals, including trials for persons charged with escape from a state hospital and trials for persons who commit a crime while confined in a state hospital.

end insert begin insert

This bill would make these provisions applicable to hearings for an order seeking involuntary treatment of a person confined in a state hospital with psychotropic medication or other medication for which an order is required.

end insert begin insert

Existing law authorizes a district attorney to file a petition for continued involuntary treatment for one year of a prisoner who refused to agree to treatment as part of parole, if the prisoner’s severe mental disorder is not in remission or cannot be kept in remission without treatment and the prisoner represents a substantial danger of physical harm to others.

end insert begin insert

This bill, commencing July 1, 2014, would require the nontreatment costs associated with petitions brought for continuing involuntary treatment under this provision to be paid by the county of commitment, as defined.

end insert begin delete

Existing law requires that a city or county be reimbursed by the Department of Corrections and Rehabilitation for costs incurred resulting from the detention of a state prisoner or a person sentenced or referred to the state prison when the detention meets specified conditions, including that the detention results from a new commitment and the department is unable to accept delivery of the prisoner.

end delete begin delete

This bill would make technical, nonsubstantive changes to that provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 4117 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

4117.  

(a) Whenever a trial is had of begin delete any end delete begin insert a end insert person charged with
escape or attempt to escape from a state hospital, whenever a
hearing is had on the return of a writ of habeas corpus prosecuted
by or on behalf of begin delete any end delete begin insert a end insert person confined in a state hospital except
in a proceeding to which Section 5110 applies, whenever a hearing
is had on a petition under Section 1026.2, subdivision (b) of Section
1026.5, begin delete Section 2972, or end delete Section 2966 begin insert , or Section 2972 end insert of the
Penal Code, Section 7361 of this code, or former Section 6316.2
of this code for the release of a person confined in a state hospital begin insert ,
whenever a hearing is had for an order seeking involuntary
treatment of a person confined in a state hospital with psychotropic
medication or other medication for which an order is required end insert ,
and whenever a person confined in a state hospital is tried for begin delete any end delete
begin insert a end insert crime committed therein, the appropriate financial officer or
other designated official of the county in which the trial or hearing
is had shall make out a statement of all mental health treatment
costs and shall make out a separate statement of all nontreatment
costs incurred by the county for investigation and other preparation
for the trial or hearing, and the actual trial or hearing, all costs of
maintaining custody of the patient and transporting him or her to
and from the hospital, and costs of appeal begin delete , which end delete begin insert . The end insert statements
shall be properly certified by a judge of the superior court of that
county and the statement of mental health treatment costs shall be
sent to the State Department of State Hospitals and the statement
of all nontreatment costs begin insert , except as provided in subdivision (c)
with respect to petitions brought pursuant to Section 2970 of the
Penal Code, end insert shall be sent to the Controller for approval. After
approval, the department shall cause the amount of mental health
treatment costs incurred on or after July 1, 1987, to be paid to the
county mental health director or his or her designee where the trial
or hearing was held out of the money appropriated for this purpose
by the Legislature. In addition, the Controller shall cause the
amount of all nontreatment costs incurred on and after July 1,
1987, to be paid out of the money appropriated by the Legislature,
to the county treasurer of the county where the trial or hearing was
had.

(b) Commencing January 1, 2012, the nontreatment costs
associated with Section 2966 of the Penal Code and approved by
the Controller, as required by subdivision (a), shall be paid by the
Department of Corrections and Rehabilitation pursuant to Section
4750 of the Penal Code.

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(c) Commencing July 1, 2014, the nontreatment costs associated
with petitions brought pursuant to Section 2970 of the Penal Code
shall be paid by the county of commitment. As used in this
subdivision, “county of commitment” means the county seeking
the continued treatment of a mentally disordered offender pursuant
to Section 2970 of the Penal Code.

end insert begin delete

(c)

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begin insert (d) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert Whenever a hearing is held pursuant to Section 1604,
1608, 1609, or 2966 of the Penal Code, all transportation costs to
and from a state hospital or a facility designated by the community
program director during the hearing shall be paid by the Controller
as provided in this subdivision. The appropriate financial officer
or other designated official of the county in which a hearing is
held shall make out a statement of all transportation costs incurred
by the county begin delete , which end delete begin insert . The end insert statement shall be properly certified by
a judge of the superior court of that county and sent to the
Controller for approval. The Controller shall cause the amount of
transportation costs incurred on and after July 1, 1987, to be paid
to the county treasurer of the county where the hearing was had
out of the money appropriated by the Legislature.

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As

end delete

begin insert (2) end insert begin insert   end insert begin insert As end insert used in this subdivision begin delete the community end delete begin insert , “community end insert
program begin delete director is end delete begin insert director” means end insert the person designated pursuant
to Section 1605 of the Penal Code.

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SECTION 1.  

Section 4016.5 of the Penal Code is amended to
read:

4016.5.  

A city or county shall be reimbursed by the Department
of Corrections and Rehabilitation for costs incurred resulting from
the detention of a state prisoner or a person sentenced or referred
to the state prison when the detention meets any of the following
conditions:

(a) (1) The detention results from a new commitment, or a
referral pursuant to Section 1203.03, once the abstract of judgment
has been completed; the department’s intake control unit has been
notified by the county that the prisoner is ready to be transported
pursuant to Section 1216; and the department is unable to accept
delivery of the prisoner. The reimbursement shall be provided for
each day starting on the day following the fifth working day after
the date of notification by the county, if the prisoner remains ready
to be delivered and the department is unable to receive the prisoner.
If a county delivers or attempts to deliver a person to the
department without the prior notification required by this
paragraph, the date of the delivery or attempted delivery shall be
recognized as the notification date pursuant to this paragraph. The
notification and verification required by the county for prisoners
ready to be transported, and reimbursement provided to the county
for prisoners that the department is unable to receive, shall be made
pursuant to procedures established by the department.

(2) A city or county shall be reimbursed by the department from
funds appropriated in Item 5240-001-0001 of the annual Budget
Act for costs incurred pursuant to this subdivision.

(3) The reimbursement required by this section shall be
expended for maintenance, upkeep, and improvement of jail
conditions, facilities, and services. Before the county is reimbursed
by the department, the total amount of all charges against that
county authorized by law for services rendered by the department
shall be first deducted from the gross amount of reimbursement
authorized by this section. The net reimbursement shall be
calculated and paid monthly by the department. The department
shall withhold all or part of the net reimbursement to a county
whose jail facility or facilities do not conform to minimum
standards for local detention facilities, as authorized by Section
6030, only if the county is failing to make reasonable efforts to
correct differences, with consideration given to the resources
available for those purposes.

(4) “Costs incurred resulting from the detention,” as used in this
section, shall include the same cost factors as are utilized by the
Department of Corrections and Rehabilitation in determining the
cost of prisoner care in state correctional facilities.

(b) No city, county, or other jurisdiction may file, and the state
may not reimburse, a claim pursuant to this section that is presented
to the Department of Corrections and Rehabilitation or to any other
agency or department of the state more than six months after the
close of the month in which the costs were incurred.

(c) The changes to this section made by the act that added this
subdivision shall be effective on October 1, 2011.

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