Amended in Senate June 25, 2013

Amended in Assembly April 16, 2013

Amended in Assembly April 9, 2013

Amended in Assembly April 4, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 610

Introduced by Assembly Member Achadjian

February 20, 2013

An act to amend begin insert Section 2970 of the Penal Code and to amend end insert 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.

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Existing law requires, prior to the termination of parole or release from prison, as specified, of a parolee or prisoner with a severe mental disorder that is not in remission or cannot be kept in remission without treatment, that a written evaluation on remission be submitted to the district attorney of the county in which the parolee is receiving outpatient treatment, or for those in prison or in a state mental hospital, the district attorney of the county of commitment.

end insert begin insert

This bill would specify that, in the case of a person who is in a prison or in a state mental hospital, that the written evaluation on remission be submitted to the district attorney of the county of commitment to prison.

end insert

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 any hearing for 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:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 2970 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

2970.  

begin insert (a) end insert begin insert   end insert Not later than 180 days prior to the termination of
parole, or release from prison if the prisoner refused to agree to
treatment as a condition of parole as required by Section 2962,
unless good cause is shown for the reduction of that 180-day
period, if the begin insert parolee’s or end insert prisoner’s severe mental disorder is not
in remission or cannot be kept in remission without treatment, the
medical director of the state hospital begin delete which end delete begin insert that end insert is treating the
parolee, or the community program director in charge of the
parolee’s outpatient program, or the Secretary of the Department
of Corrections and Rehabilitation, shall submit to the district
attorney of the county in which the parolee is receiving outpatient
treatment, or for those in prison or in a state mental hospital, the
district attorney of the county of commitment begin insert to prison end insert , his or her
written evaluation on remission. If requested by the district
attorney, the written evaluation shall be accompanied by supporting
affidavits.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert district attorney may then file a petition with the superior
court for continued involuntary treatment for one year. The petition
shall be accompanied by affidavits specifying that treatment, while
the prisoner was released from prison on parole, has been
continuously provided by the State Department of State Hospitals
either in a state hospital or in an outpatient program. The petition
shall also specify that the prisoner has a severe mental disorder,
that the severe mental disorder is not in remission or cannot be
kept in remission if the person’s treatment is not continued, and
that, by reason of his or her severe mental disorder, the prisoner
represents a substantial danger of physical harm to others.

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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. 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), 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 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.