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 nontreatmentbegin delete costs, to be submittedend deletebegin insert costsend insert 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 treatmentbegin insert with psychotropic medication, or any other medication for which an order is required,end insert of a person confined in a statebegin delete hospital with psychotropic medication or other medication for which an order is required.end deletebegin insert
hospital.end insert
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 definedbegin insert, as specifiedend insert.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2970 of the Penal Code is amended to
2read:
(a) Not later than 180 days prior to the termination of
4parole, or release from prison if the prisoner refused to agree to
5treatment as a condition of parole as required by Section 2962,
6unless good cause is shown for the reduction of that 180-day
7period, if the parolee’s or prisoner’s severe mental disorder is not
8in remission or cannot be kept in remission without treatment, the
9medical director of the state hospital that is treating the parolee,
10or the community program director in charge of the parolee’s
11outpatient program, or the Secretary of the Department of
P3 1Corrections and Rehabilitation, shall submit to the district attorney
2of the county in which the parolee is receiving outpatient treatment,
3or for those in prison or in a state mental
hospital, the district
4attorney of the county of commitment to prison, his or her written
5evaluation on remission. If requested by the district attorney, the
6written evaluation shall be accompanied by supporting affidavits.
7(b) The district attorney may then file a petition with the superior
8court for continued involuntary treatment for one year. The petition
9shall be accompanied by affidavits specifying that treatment, while
10the prisoner was released from prison on parole, has been
11continuously provided by the State Department of State Hospitals
12either in a state hospital or in an outpatient program. The petition
13shall also specify that the prisoner has a severe mental disorder,
14that the severe mental disorder is not in remission or cannot be
15kept in remission if the person’s treatment is not continued, and
16that, by reason of his or her
severe mental disorder, the prisoner
17represents a substantial danger of physical harm to others.
Section 4117 of the Welfare and Institutions Code is
19amended to read:
(a) Whenever a trial is had of any person charged with
21escape or attempt to escape from a state hospital, whenever a
22hearing is had on the return of a writ of habeas corpus prosecuted
23by or on behalf of any person confined in a state hospital except
24in a proceeding to which Section 5110 applies, whenever a hearing
25is had on a petition under Section 1026.2, subdivision (b) of Section
261026.5, Sectionbegin delete 2966end deletebegin insert 2966,end insert or Section 2972 of the Penal Code,
27Section 7361 of this code, or former Section 6316.2 of this code
28for the release of a person confined in a state hospital, whenever
29a
hearing is had for an order seeking involuntary treatmentbegin insert with
30psychotropic medication, or any other medication for which an
31order is required,end insert of a person confined in a state hospitalbegin delete with begin insert
pursuant to Section 2962 of the Penal Code,end insert and
32psychotropic medication or other medication for which an order
33is required,end delete
34whenever a person confined in a state hospital is tried for a crime
35committed therein, the appropriate financial officer or other
36designated official of the county in which the trial or hearing is
37had shall make out a statement of all mental health treatment costs
38and shall make out a separate statement of all nontreatment costs
39incurred by the county for investigation and other preparation for
40the trial or hearing, and the actual trial or hearing, all costs of
P4 1maintaining custody of the patient and transporting him or her to
2and from the hospital, and costs of appeal, which statements shall
3be properly certified by a judge of the superior court of that county.
4The statement of mental health treatment costs shall be sent to the
5State Department of State Hospitals and the statement of all
6nontreatment costs, except
as provided in subdivision (c), shall be
7sent to the Controller for approval. After approval, the department
8shall cause the amount of mental health treatment costs incurred
9on or after July 1, 1987, to be paid to the county mental health
10director or his or her designee where the trial or hearing was held
11out of the money appropriated for this purpose by the Legislature.
12In addition, the Controller shall cause the amount of all
13nontreatment costs incurred on and after July 1, 1987, to be paid
14out of the money appropriated by the Legislature, to the county
15treasurer of the county where the trial or hearing was had.
16(b) Commencing January 1, 2012, the nontreatment costs
17
associated with Section 2966 of the Penal Code and approved by
18the Controller, as required by subdivision (a), shall be paid by the
19Department of Corrections and Rehabilitation pursuant to Section
204750 of the Penal Code.
21(c) begin deleteCommencing January 1, 2014, the end deletebegin insertThe end insertnontreatment costs
22associated with any hearing for an order seeking involuntary
23treatment with psychotropic medication, or any other medication
24for which an order is required, of a person confined in a state
25hospital pursuant to Sectionbegin delete 2970end deletebegin insert 2972end insert
of the Penal Code, as
26provided in subdivision (a), shall be paid by the county of
27begin delete commitment in accordance with the provisions of Section 5110.end delete
28begin insert
commitment.end insert As used in this subdivision, “county of commitment”
29means the county seeking the continued treatment of a mentally
30disordered offender pursuant to Sectionbegin delete 2970end deletebegin insert 2972end insert of the Penal
31Code.begin insert The appropriate financial officer or other designated official
32of the county in which the proceeding is held shall make out a
33statement of all of the costs incurred by the county for the
34investigation, preparation, and conduct of the proceedings, and
35the costs of appeal, if any. The statement shall be certified by a
36judge of the superior court of the county. The statement shall then
37be sent to the county of commitment, which shall reimburse the
38county providing the services.end insert
39(d) (1) Whenever a hearing is held pursuant to Section 1604,
401608, 1609, or 2966 of the Penal Code, all transportation costs to
P5 1and from a state hospital or a facility designated by the community
2program director during the hearing shall be paid by the Controller
3as provided in this subdivision. The appropriate financial officer
4or other designated official of the county in which a hearing is
5held shall make out a statement of all transportation costs incurred
6by the county. The statement shall be properly certified by a judge
7of the superior court of that county and sent to the Controller for
8approval. The Controller shall cause the amount of transportation
9costs incurred on and after July 1, 1987, to be paid to the county
10treasurer of the county where the hearing was had out of the money
11appropriated by the
Legislature.
12(2) As used in this subdivision, “community program director”
13means the person designated pursuant to Section 1605 of the Penal
14Code.
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