BILL NUMBER: AB 610 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 16, 2013
AMENDED IN ASSEMBLY APRIL 9, 2013
AMENDED IN ASSEMBLY APRIL 4, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
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 would require the nontreatment costs associated with
petitions brought any hearing for
continuing involuntary treatment the
involuntary medication of a person committed 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 1. Section 4117 of the Welfare and Institutions Code is
amended to read:
4117. (a) Whenever a trial is had of any 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 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 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 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 statements shall be properly certified by a judge of
the superior court of that county and the
county. 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 January 1, 2014, the nontreatment costs associated
with petitions brought any hearing for an
order seeking involuntary treatment with psychotropic medication, or
any other medication for which an order is required, of a person
confined in a state hospital pursuant to Section 2970 of the
Penal Code, as provided in subdivision (a), shall be paid by the
county of commitment in accordance with the provisions of Section
5110. 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.
(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. 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.
(2) As used in this subdivision, "community program director"
means the person designated pursuant to Section 1605 of the Penal
Code.