BILL NUMBER: AB 1340	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Achadjian

                        FEBRUARY 22, 2013

   An act to add Sections 4142 and 4143 to the Welfare and
Institutions Code, relating to mental health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1340, as introduced, Achadjian. State Hospital Employees Act.
   Existing law provides for state hospitals for the care, treatment,
and education of mentally disordered persons. These hospitals are
under the jurisdiction of the State Department of State Hospitals,
which is authorized by existing law to adopt regulations regarding
the conduct and management of these facilities. Existing law requires
each state hospital to develop an incident reporting procedure that
can be used to, at a minimum, develop reports of patient assaults on
employees and assist the hospital in identifying risks of patient
assaults on employees.
   This bill would require state hospitals to establish and maintain
an enhanced treatment unit as part of its facilities. The bill would
also require any case of assault by a patient of a state hospital, as
specified, to be immediately referred to the local district
attorney, and if after the referral, the local district attorney
declines to prosecute, or the patient is found incompetent to stand
trial or not guilty by reason of insanity, the patient is required to
be placed in the enhanced treatment unit of the hospital until the
patient is deemed safe to return to the regular population of the
hospital.
   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.  This act may be known and cited as the State Hospital
Employees Act.
  SEC. 2.  Section 4142 is added to the Welfare and Institutions
Code, to read:
   4142.  Each state hospital shall establish and maintain an
enhanced treatment unit as part of its facilities for the placement
of patients described in Section 4143. The hospital administrator of
each state hospital shall establish procedures to provide an
increased level of security for the enhanced treatment unit.
  SEC. 3.  Section 4143 is added to the Welfare and Institutions
Code, to read:
   4143.  (a) Any case of assault by a patient of a state hospital
that causes injury to or illness of, or has the potential to cause
future illness of, a state hospital employee or another patient of
the state hospital shall be immediately referred to the local
district attorney.
   (b) If, after referral to the local district attorney, the local
district attorney declines prosecution, or the patient is found to be
incompetent to stand trial, or the patient is found not guilty by
reason of insanity, the patient shall be placed in the enhanced
treatment unit of the state hospital until such time as the
individual is deemed safe to return to the regular population of the
hospital.