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 would require the nontreatment costs associated withbegin delete petitions broughtend deletebegin insert any hearingend insert forbegin delete continuing involuntary treatmentend deletebegin insert the involuntary medication of a person committedend insert 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 2966 or Section 2972 of the Penal Code, Section
107361 of this code, or former Section 6316.2 of this code for the
11release of a person confined in a state hospital, whenever a hearing
12is had for an order seeking involuntary treatment of a person
13confined in a state hospital with psychotropic medication or other
14medication for which an order is required, and
whenever a person
15confined in a state hospital is tried for a crime committed therein,
16the appropriate financial officer or other designated official of the
17county 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 thatbegin delete county and theend delete
25begin insert county. The end insert statement of mental health treatment costs shall be
26
sent to the State Department of State Hospitals and the statement
27of all nontreatment costs, except as provided in subdivision (c)
P3 1begin delete with respect to petitions brought pursuant to Section 2970 of the , shall be sent to the Controller for approval. After
2Penal Codeend delete
3approval, the department shall cause the amount of mental health
4treatment costs incurred on or after July 1, 1987, to be paid to the
5county mental health director or his or her designee where the trial
6or hearing was held out of the money appropriated for this purpose
7by the Legislature. In addition, the Controller shall cause the
8amount of all nontreatment costs incurred on and after July 1,
91987, to be paid out of the money appropriated by the Legislature,
10to the county treasurer of the county where the trial or hearing was
11had.
12(b) Commencing January 1, 2012, the nontreatment costs
13
associated with Section 2966 of the Penal Code and approved by
14the Controller, as required by subdivision (a), shall be paid by the
15Department of Corrections and Rehabilitation pursuant to Section
164750 of the Penal Code.
17(c) Commencing January 1, 2014, the nontreatment costs
18associated withbegin delete petitions broughtend deletebegin insert any hearing for an order seeking
19involuntary treatment with psychotropic medication, or any other
20medication for which an order is required, of a person confined
21in a state hospitalend insert pursuant to Section 2970 of the Penal Code, as
22provided in subdivision (a), shall be paid by the county of
23commitment in accordance with the provisions of Section 5110.
24As used in this
subdivision, “county of commitment” means the
25county seeking the continued treatment of a mentally disordered
26offender pursuant to Section 2970 of the Penal Code.
27(d) (1) Whenever a hearing is held pursuant to Section 1604,
281608, 1609, or 2966 of the Penal Code, all transportation costs to
29and from a state hospital or a facility designated by the community
30program director during the hearing shall be paid by the Controller
31as provided in this subdivision. The appropriate financial officer
32or other designated official of the county in which a hearing is
33held shall make out a statement of all transportation costs incurred
34by the county. The statement shall be properly certified by a judge
35of the superior court of that county and sent to the Controller for
36approval. The Controller shall cause the amount of transportation
37costs
incurred on and after July 1, 1987, to be paid to the county
38treasurer of the county where the hearing was had out of the money
39appropriated by the Legislature.
P4 1(2) As used in this subdivision, “community program director”
2means the person designated pursuant to Section 1605 of the Penal
3Code.
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