BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 610
                                                                  Page  1

          Date of Hearing:  April 24, 2013

                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
                           K.H. "Katcho" Achadjian, Chair
                   AB 610 (Achadjian) - As Amended:  April 16, 2013
           
          SUBJECT  :  State hospitals: involuntary treatment.

           SUMMARY :  Establishes responsibility for the payment of  
          non-treatment costs associated with any hearing for an order  
          seeking involuntary treatment of psychotropic medication for a  
          person confined in a state hospital.  Specifically,  this bill  : 

          1)Requires the state to pay the non-treatment costs associated  
            with any hearing for an order seeking involuntary treatment  
            with psychotropic medication, or other medication that  
            requires an order, of a person confined in a state hospital.

          2)Requires, beginning on January 1, 2014, the county of  
            commitment to pay the non-treatment costs associated with any  
            hearing for an order seeking involuntary treatment with  
            psychotropic medication, or other medication that requires an  
            order, for a mentally disordered offender whose commitment in  
            a state hospital has been extended beyond the expiration of  
            parole.   

          3)Defines "county of commitment" to mean the county seeking the  
            continued treatment of a mentally disordered offender (MDO)  
            pursuant to existing law.  

          4)Makes technical and clarifying changes.  

           EXISTING LAW  :

          1)Establishes the Mentally Disordered Offender Act. 

          2)Provides for the involuntary commitment of mentally ill  
            persons to a state hospital pursuant to various provisions of  
            the Welfare and Institutions Code for civil commitments and  
            the Penal Code, such as the patient is deemed incompetent to  
            stand trial (IST) or, not guilty by reason of insanity (NGI);  
            or the patient is an MDO.  

          3)States that a prisoner who is otherwise eligible for parole  
            may be committed for MDO treatment if the following criteria  








                                                                  AB 610
                                                                  Page  2

            is met: 

             a)   He or she has a serious mental disorder that is not in  
               remission or cannot be kept in remission without treatment;  


             b)   The severe mental disorder was one of the causes of or  
               was an aggravating factor in the commission of a crime for  
               which the prisoner was sentenced to prison;

             c)   The prisoner has been in treatment for the severe mental  
               disorder for 90 days or more within the year prior to the  
               prisoner's parole or release;

             d)   Prior to the prisoner's release or parole, a practicing  
               psychologist or psychiatrist from the state Department of  
               Mental Health (DMH) have evaluated the prisoner and a chief  
               psychiatrist of the California Department of Corrections  
               and Rehabilitation (CDCR) has certified that the prisoner  
               has a severe mental disorder, that the disorder is not in  
               remission, or cannot be kept in remission without  
               treatment, that the severe mental disorder was one of the  
               causes or was an aggregating factor in the prisoner's  
               criminal behavior, that the prisoner has been in treatment  
               for the severe mental disorder for 90 days or more prior to  
               release, and that because of his or her severe mental  
               disorder  the prisoner represents a substantial danger of  
               physical harm to others; and, 

             e)   The prisoner was sentenced to a determinate sentence for  
               specified crimes.  

          4)Requires, if an MDO's parole period is about to expire and the  
            individual's severe mental disorder is not in remission or  
            cannot be kept in remission without treatment, the medical  
            director of a state hospital treating the parolee or CDCR to  
            submit to the district attorney of the county of commitment a  
            written evaluation. 

          5)Allows the district attorney, from the county of commitment,  
            upon receipt of the written evaluation to file a petition with  
            the superior court for continued involuntary treatment for one  
            year.  

          6)Requires the petition to be accompanied by affidavits  








                                                                  AB 610
                                                                  Page  3

            specifying that treatment, while the prisoner was released  
            from prison on parole, have been provided by the Department of  
            State Hospitals.  Also requires the petition to specify that  
            the person has a severe mental disorder and represents a  
            substantial danger of physical harm to others.  

          7)Entitles a city, county or superior court to reimbursement for  
            the reasonable and necessary costs connected with state  
            prisoners and any of the following:

             a)   Any crime committed in a state prison, whether by a  
               prisoner, employee, or other person; 

             b)   Any crime committed by a prisoner in furtherance of an  
               escape, as specified; 

             c)   Any hearing on any return of a writ of habeas corpus  
               prosecuted by or on behalf of a prisoner;

             d)   Any trial or hearing on the question of the sanity of a  
               prisoner:

             e)    Any costs not otherwise reimbursable related to  
               extradition of a prisoner;

             f)   Any costs incurred by a coroner in connection with the  
               death of a prisoner;

             g)   Any costs incurred in transporting a prisoner within the  
               host county or as requested by the prison facility or  
               incurred for extra security while the prisoner is outside a  
               state prison; or,

             h)   Any crime committed by a state inmate at a state  
               hospital for the care, treatment, and education of the  
               mentally disordered, as specified; and,

             i)   Any non-treatment costs, as specified.  

          8)States that a financial officer or other designated official  
            of a county shall make a statement of non-treatment and  
            treatment costs related to a hearing for specified prison or  
            state hospital related offenses, to be certified by the judge  
            of the superior court of that county, and sent to the  
            Controller for approval.  Upon approval, the county shall be  








                                                                 AB 610
                                                                  Page  4

            reimbursed for all non-treatment related costs from a fund  
            appropriated by the Legislature.  

          9)Provides that a person involuntarily confined for treatment of  
            mental illness as an MDO can be involuntarily treated with  
            antipsychotic medication in a non-emergency situation where  
            the MDO is determined by a court to be either a) incompetent  
            to refuse medication (unable to make rational medical  
            decisions); or, b) a danger to others within the meaning of  
            Welfare and Institutions Code section 5300 (In re Qawi, supra,  
            32 Cal.4th 1, 27-28).

          10)Defines psychotropic medication or psychotropic drugs to mean  
            medications administered for the purpose of affecting the  
            central nervous system to treat psychiatric disorders or  
            illnesses.  These medications include, but are not limited to,  
            anxiolytic agents, antidepressants, mood stabilizers,  
            antipsychotic medications, anti-Parkinson agents, hypnotics,  
            medications for dementia, and psychostimulants.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :   

          1)According to CDCR, the MDO program established in 1986,  
            "provides a mechanism to detain and treat severely mentally  
            ill prisoners who reach the end of a determinate prison term  
            and are dangerous to others as a result of a severe mental  
            disorder.  MDO is a two-phase commitment. The first phase is a  
            certification by the [CDCR] Chief Psychiatrist and a parole  
            condition imposed by the Board of Parole Hearing. The second  
            phase continues MDO treatment after the parolee is discharged  
            from CDCR which is a civil commitment for involuntary  
            treatment."
          2)Existing law entitles a city, county, or superior court to  
            reimbursement for reasonable and necessary costs connected  
            with state prisons or prisoners which include non-treatment  
            costs, as specified.  This includes reimbursement from the  
            state for all the non-treatment costs of the hearings, if  
            requested by the defendant, when an MDO is paroled into a  
            state hospital instead of serving parole time in the  
            community.  When an MDO's parole period is about to expire,  
            existing law permits the district attorney, from the county of  
            the original conviction of the defendant (county of  
            commitment), to file a petition seeking a one-year extension  








                                                                  AB 610
                                                                  Page  5

            of the MDO commitment to the state hospital, for which the  
            state also provides for reimbursement to counties for the  
            non-treatment costs of these hearings for continued treatment.  
             

            This bill builds upon current law which defines reimbursement  
            for counties with state hospitals by requiring reimbursement  
            to be made for the non-treatment costs of a hearing for an  
            order seeking involuntary treatment of psychotropic medication  
            for a person confined in a state hospital.  This bill requires  
            the state to pay for the non-treatment costs of a hearing for  
            an order seeking involuntary treatment of psychotropic  
            medication for a person confined in a state hospital.   
            Beginning January 1, 2014, this bill requires the county of  
            commitment to pay for non-treatment costs associated with a  
            hearing for an order seeking involuntary treatment of  
            psychotropic medication for an MDO whose commitment at the  
            state hospital was extended following the expiration of  
            parole.  This bill is sponsored by the San Luis Obispo County  
            Board of Supervisors.  

          3)The Supreme Court of California decision in Kanuri Surgury  
            Qaui found that a person involuntary confined for treatment of  
            mental illness as an MDO can be involuntarily treated with  
            antipsychotic medication in a non-emergency situation where  
            the MDO is determined by a court to be either a) incompetent  
            to refuse medication (unable to make rational medical  
            decisions); or, b) a danger to others within the meaning of  
            Welfare and Institutions Code section 5300 (In re Qawi, supra,  
            32 Cal.4th 1, 27-28).

            According to the author and sponsor, as a result of this  
            Supreme Court ruling approximately 100 petitions were filed  
            last year by the DMH, seeking orders for involuntary treatment  
            with psychotropic medication for patients housed at Atascadero  
            State Hospital (ASH), in San Luis Obispo County.  Since  
            current law does not designate which entity is responsible for  
            the payment of non-treatment costs associated with these  
            hearings, the county engaged in a dispute with the state over  
            whose responsibility it was to provide for the cost of public  
            defender services to represent these 100 mentally disordered  
            offenders at these hearings.  
            It was ultimately decided by the courts that the  
            responsibility for the non-treatment costs for these 100 cases  
            would be with the state and the county of commitment. 








                                                                  AB 610
                                                                  Page  6


            The sponsor argues, "Because statute is unclear, however, it  
            is possible for the State or a county of commitment to  
            challenge the County's right to obtain reimbursement from the  
            State or another county for the costs of public defender  
            services for mentally disordered offenders housed at ASH.  The  
            County's concerns is that being a 'hosting' county of a state  
            mental hospital should not result in the county shouldering  
            the financial burden of paying for certain costs resulting  
            from the commitment of persons to ASH who are not residents of  
            San Luis Obispo County, nor persons who committed crimes  
            within our jurisdiction.   For example, in addition of the  
            $25,000 incurred last spring, the County expects to expend  
            approximately $40,000 in the current fiscal year on contract  
            public defense attorneys for involuntary medication hearings."  


          4)According to the sponsor, only ASH and Coalinga in Fresno  
            County have MDO patients.  According to a March 1, 2012 report  
            by the Legislative Analyst's Office (LAO) regarding the  
            oversight and accountability of state hospitals, five state  
            hospitals provide inpatient psychiatric care to more than  
            5,000 individual patients under several forensic commitment  
            classifications, including Not Guilty by Reason of Insanity,  
            Incompetent to Stand Trial (IST), sexually violent predator  
            (SVPs), and MDOs.  DMH reports the forensic population is now  
            approximately 92 percent of the state-wide hospital system.

           5)Support arguments  :  Supporters argue that the lack of clarity  
            in current law creates an unfair financial burden on counties  
            with state hospitals that treat MDOs, and that this bill will  
            ensure these counties are reimbursed for costs incurred as a  
            consequence of having these hospitals located within their  
            jurisdiction.  

             Opposition arguments  :  None.



           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          San Luis Obispo County Board of Supervisors [SPONSOR]









                                                                  AB 610
                                                                  Page  7

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Misa Yokoi-Shelton / L. GOV. / (916)  
          319-3958