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 billbegin delete,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:
Section 4117 of the Welfare and Institutions Code
2 is amended to read:
(a) Whenever a trial is had of any 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 of any 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 2966begin delete, andend deletebegin insert orend 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 appeal, which statements shall be properly
24certified by a judge of the superior court of that county and the
25statement of mental health treatment costs shall be sent
to the State
26Department of State Hospitals and the statement of all nontreatment
27costs, except as provided in subdivision (c) with respect to petitions
28brought pursuant to Section 2970 of the Penal Code, shall be sent
29to the Controller for approval. After approval, the department shall
30cause the amount of mental health treatment costs incurred on or
P3 1after July 1, 1987, to be paid to the county mental health director
2or his or her designee where the trial or hearing was held out of
3the money appropriated for this purpose by the Legislature. In
4addition, the Controller shall cause the amount of all nontreatment
5costs incurred on and after July 1, 1987, to be paid out of the money
6appropriated by the Legislature, to the county treasurer of the
7county where the trial or hearing was had.
8(b) Commencing January 1, 2012, the nontreatment costs
9
associated with Section 2966 of the Penal Code and approved by
10the Controller, as required by subdivision (a), shall be paid by the
11Department of Corrections and Rehabilitation pursuant to Section
124750 of the Penal Code.
13(c) Commencing January 1, 2014, the nontreatment costs
14associated with petitions brought pursuant to Section 2970 of the
15Penal Codebegin insert, as provided in subdivision (a),end insert shall be paid by the
16county of commitment in accordance with the provisions of Section
175110. As used in this subdivision, “county of commitment” means
18the county seeking the continued treatment of a mentally disordered
19offender pursuant to Section 2970 of the Penal Code.
20(d) (1) Whenever a hearing is held pursuant to Section 1604,
211608, 1609, or 2966 of the Penal Code, all transportation costs to
22and from a state hospital or a facility designated by the community
23program director during the hearing shall be paid by the Controller
24as provided in this subdivision. The appropriate financial officer
25or other designated official of the county in which a hearing is
26held shall make out a statement of all transportation costs incurred
27by the county. The statement shall be properly certified by a judge
28of the superior court of that county and sent to the Controller for
29approval. The Controller shall cause the amount of transportation
30costs incurred on and after July 1, 1987, to be paid to the county
31treasurer of the county where the hearing was had out of the money
32appropriated by the Legislature.
33(2) As used
in this subdivision, “community program director”
34means the person designated pursuant to Section 1605 of the Penal
35Code.
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