BILL NUMBER: AB 610 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Achadjian
FEBRUARY 20, 2013
An act to amend Section 4016.5 of the Penal Code
Section 4117 of the Welfare and Institutions Code
, relating to prisoners state hospitals
.
LEGISLATIVE COUNSEL'S DIGEST
AB 610, as amended, Achadjian. Prisoners: detention
costs. State hospitals: involuntary treatment.
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.
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.
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.
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.
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.
This bill would make technical, nonsubstantive changes to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4117 of the Welfare
and Institutions Code is amended to read:
4117. (a) Whenever a trial is had of any
a person charged with escape or attempt to escape from a state
hospital, whenever a hearing is had on the return of a writ of habeas
corpus prosecuted by or on behalf of any a
person confined in a state hospital except in a proceeding to
which Section 5110 applies, whenever a hearing is had on a petition
under Section 1026.2, subdivision (b) of Section 1026.5,
Section 2972, or Section 2966 , or Section 2972
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 , 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 , and whenever a person confined in a state hospital
is tried for any a crime committed
therein, the appropriate financial officer or other designated
official of the county in which the trial or hearing is had shall
make out a statement of all mental health treatment costs and shall
make out a separate statement of all nontreatment costs incurred by
the county for investigation and other preparation for the trial or
hearing, and the actual trial or hearing, all costs of maintaining
custody of the patient and transporting him or her to and from the
hospital, and costs of appeal , which . The
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 , except
as provided in subdivision (c) with respect to petitions brought
pursuant to Section 2970 of the Penal Code, shall be sent to
the Controller for approval. After approval, the department shall
cause the amount of mental health treatment costs incurred on or
after July 1, 1987, to be paid to the county mental health director
or his or her designee where the trial or hearing was held out of the
money appropriated for this purpose by the Legislature. In addition,
the Controller shall cause the amount of all nontreatment costs
incurred on and after July 1, 1987, to be paid out of the money
appropriated by the Legislature, to the county treasurer of the
county where the trial or hearing was had.
(b) Commencing January 1, 2012, the nontreatment costs associated
with Section 2966 of the Penal Code and approved by the Controller,
as required by subdivision (a), shall be paid by the Department of
Corrections and Rehabilitation pursuant to Section 4750 of the Penal
Code.
(c) 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.
(c)
(d) (1) Whenever a
hearing is held pursuant to Section 1604, 1608, 1609, or 2966 of the
Penal Code, all transportation costs to and from a state hospital or
a facility designated by the community program director during the
hearing shall be paid by the Controller as provided in this
subdivision. The appropriate financial officer or other designated
official of the county in which a hearing is held shall make out a
statement of all transportation costs incurred by the county
, which . The statement shall be properly
certified by a judge of the superior court of that county and sent to
the Controller for approval. The Controller shall cause the amount
of transportation costs incurred on and after July 1, 1987, to be
paid to the county treasurer of the county where the hearing was had
out of the money appropriated by the Legislature.
As
(2) As used in this subdivision
the community , "community program
director is director" means the person
designated pursuant to Section 1605 of the Penal Code.
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.