BILL NUMBER: AB 610 AMENDED
BILL TEXT
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
INTRODUCED BY Assembly Member Achadjian
FEBRUARY 20, 2013
An act to amend Section 2970 of the Penal Code and 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, 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.
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.
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:
SECTION 1. Section 2970 of the Penal
Code is amended to read:
2970. (a) 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 parolee's or prisoner's severe
mental disorder is not in remission or cannot be kept in remission
without treatment, the medical director of the state hospital
which that 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 to prison , his or her written
evaluation on remission. If requested by the district attorney, the
written evaluation shall be accompanied by supporting affidavits.
The
(b) The 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.
SECTION 1. SEC. 2. 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.