AB 1960, as introduced, Perea. State summary criminal history information: state hospitals.
Existing law requires the Department of Justice to maintain state summary criminal history information, including the identification and criminal history of any person, such as his or her name, date of birth, physical description, fingerprints, photographs, dates of arrest, arresting agencies and booking numbers, charges, dispositions, and similar data about the person. Existing law requires the department to furnish this information in response to a request from certain authorized agencies, organizations, or individuals for specified purposes. Existing law authorizes state criminal summary history information to be given to the director of a state hospital or other treatment facility in specified circumstances, including when the person is being committed for being dangerous to others.
This bill would require the Attorney General to provide state summary criminal history information to the director of a state hospital, or his or her designee, for a patient committed to that facility for treatment. The bill would require the state hospital to only use the information for the purpose of treatment or the determination of security required for that patient and to remove the information from the patient’s file and destroy it within 30 days of the patient being discharged. This bill would also authorize a law enforcement officer at a state hospital who has access to the California Law Enforcement Telecommunication System to provide state summary criminal history information to the director of a state hospital, or his or her designee, for this purpose.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11105.1 of the Penal Code is amended
2to read:
(a) The following persons shall be furnished with
4state summary criminal history information when needed in the
5course of their duties:
6(1) The director of abegin delete state hospital or otherend delete treatment facility
7begin insert other than a state hospitalend insert to which a person is committed for
8treatment under Sections 1026 and 1370 of the Penal Code, or
9Section 5250, if committed for being dangerous to others, or
10Section 5300, or former Section 6316 or 6321, of the Welfare and
11Institutions Code.
12(2) The community program director or the director’s designee
13under any of the following conditions:
14(A) When ordered to evaluate a defendant for the court under
15paragraph (2) of subdivision (a) of Section 1370 and subdivision
16(b) of Section 1026 of the Penal Code, or paragraph (2) of
17subdivision (a) of former Section 6316 of the Welfare and
18Institutions Code.
19(B) When ordered to provide outpatient treatment and
20supervision services under Title 15 (commencing with Section
211600) of Part 2 of the Penal Code.
22(C) When a patient is committed for being dangerous to others
23under Section 5250 of the Welfare and Institutions Code.
24(D) When the director or the director’s designee provides
25evaluation, supervision, or treatment for a person under
Section
262964 or 2972.
27(3) The officer providing conservatorship investigation under
28Section 5354 of the Welfare and Institutions Code in cases where
29referral for conservatorship is made while the proposed conservatee
30is being treated under Section 1026 or 1370 of the Penal Code or
31Section 5250, if committed for being dangerous to others, or
P3 1Section 5300, or former Section 6316 or 6321, of the Welfare and
2Institutions Code.
3(b) In all instances pursuant to subdivision (a), the criminal
4history record shall be transmitted by the court with the request
5for evaluation or during the conservatorship investigation or with
6the order committing the person to a treatment facility or approving
7outpatient status, except thatbegin delete the director of a state hospital,end delete the
8county mental healthbegin delete director,end deletebegin insert
directorend insert and the officer providing
9conservatorship investigation may receive the state summary
10criminal history information from the law enforcement agency
11that referred the person for evaluation and treatment under Section
125150 of the Welfare and Institutions Code if the person has been
13subsequently committed for being dangerous to others under
14Section 5250 of the Welfare and Institutions Code. Information
15obtained under this subdivision shall not be included in any
16documentbegin delete whichend deletebegin insert thatend insert will become part of a public record.
17(c) (1) Subject to the requirements of Section 11105, the
18Attorney General shall furnish state summary
criminal history
19information to the director of a state hospital, or his or her
20designee, for a patient committed to that facility for treatment. The
21information shall only be used for the purpose of treatment or the
22determination of security required for that patient. State summary
23criminal history information shall be included in the patient’s
24confidential file for the duration of the patient’s treatment at the
25state hospital. The state summary criminal history information
26shall be removed from the patient’s file and destroyed within 30
27days of the patient being discharged.
28(2) Subject to the requirements and conditions in Section
2911105.03, a law enforcement officer at a state hospital who has
30access to the California Law
Enforcement Telecommunication
31System (CLETS) is hereby authorized to provide state summary
32criminal history information to the director of a state hospital, or
33his or her designee, for use as provided in paragraph (1).
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