Amended in Assembly April 4, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 610


Introduced by Assembly Member Achadjian

February 20, 2013


An act to amend Section 4117 of the Welfare and Institutions Code, relating to state hospitals.

LEGISLATIVE COUNSEL’S DIGEST

AB 610, as amended, Achadjian. 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,begin delete commencing July 1, 2014,end delete 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

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SECTION 1.  

Section 4117 of the Welfare and Institutions Code
2 is amended to read:

3

4117.  

(a) Whenever a trial is had ofbegin delete aend deletebegin insert anyend insert person charged with
4escape or attempt to escape from a state hospital, whenever a
5hearing is had on the return of a writ of habeas corpus prosecuted
6by or on behalf ofbegin delete aend deletebegin insert anyend insert person confined in a state hospital except
7in a proceeding to which Section 5110 applies, whenever a hearing
8is had on a petition under Section 1026.2, subdivision (b) of Section
91026.5, Section 2966,begin delete orend deletebegin insert andend insert Section 2972 of the Penal Code,
10Section 7361 of this code, or former Section 6316.2 of this code
11for the release of a person confined in a state hospital, whenever
12a hearing is had for an order seeking involuntary treatment of a
13person confined in a state hospital with psychotropic medication
14or other medication for which an order is required, and whenever
15a person confined in a state hospital is tried for a crime committed
16therein, the appropriate financial officer or other designated official
17of the county in which the trial or hearing is had shall make out a
18statement of all mental health treatment costs and shall make out
19a separate statement of all nontreatment costs incurred by the
20county for investigation and other preparation for the trial or
21hearing, and the actual trial or hearing, all costs of maintaining
22custody of the patient and transporting him or her to and from the
23hospital, and costs of appealbegin delete. Theend deletebegin insert, whichend insert statements shall be
24properly certified by a judge of the superior court of that county
25and the statement of mental health treatment costs shall be sent to
26the State Department of State Hospitals and the statement of all
27nontreatment costs, except as provided in subdivision (c) with
28respect to petitions brought pursuant to Section 2970 of the Penal
29Code, shall be sent to the Controller for approval. After approval,
P3    1the department shall cause the amount of mental health treatment
2costs incurred on or after July 1, 1987, to be paid to the county
3mental health director or his or her designee where the trial or
4hearing was held out of the money appropriated for this purpose
5by the Legislature. In addition, the Controller shall cause the
6amount of all nontreatment costs incurred on and after July 1,
71987, to be paid out of the money appropriated by the Legislature,
8to the county treasurer of the county where the trial or hearing was
9had.

10(b) Commencing January 1, 2012, the nontreatment costs
11associated with Section 2966 of the Penal Code and approved by
12the Controller, as required by subdivision (a), shall be paid by the
13Department of Corrections and Rehabilitation pursuant to Section
144750 of the Penal Code.

15(c) Commencingbegin delete Julyend deletebegin insert Januaryend insert 1, 2014, the nontreatment costs
16associated with petitions brought pursuant to Section 2970 of the
17Penal Code shall be paid by the county of commitmentbegin insert in
18accordance with the provisions of Section 5110end insert
. As used in this
19subdivision, “county of commitment” means the county seeking
20the continued treatment of a mentally disordered offender pursuant
21to Section 2970 of the Penal Code.

22(d) (1) Whenever a hearing is held pursuant to Section 1604,
231608, 1609, or 2966 of the Penal Code, all transportation costs to
24and from a state hospital or a facility designated by the community
25program director during the hearing shall be paid by the Controller
26as provided in this subdivision. The appropriate financial officer
27or other designated official of the county in which a hearing is
28held shall make out a statement of all transportation costs incurred
29by the county. The statement shall be properly certified by a judge
30of the superior court of that county and sent to the Controller for
31approval. The Controller shall cause the amount of transportation
32costs incurred on and after July 1, 1987, to be paid to the county
33treasurer of the county where the hearing was had out of the money
34appropriated by the Legislature.

35(2) As used in this subdivision, “community program director”
36means the person designated pursuant to Section 1605 of the Penal
37Code.



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