AB 1960, as amended, 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
begin delete Attorney General to provideend delete state summary criminal history information begin delete to the director of a state hospital, or his or her designee,end delete for a patient committed to begin delete that facility for treatmentend delete. The bill would begin delete 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 informationend delete from the patient’s file and begin delete destroy itend delete within 30 days of the patient being discharged. This bill would also begin delete authorize aend delete law enforcement begin delete officer at a state hospital who has access toend delete the
California Law Enforcement begin delete Telecommunicationend delete System begin delete to provide state summary criminal history information to the director of a state hospital, or his or her designee,end delete for this purpose.
Fiscal committee: yes.
State-mandated local program:
begin deleteno end delete.
The people of the State of California do enact as follows:
Section 11105.1 of the Penal Code is amended to
(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 a treatment facility other than a state hospital
7to which a person is committed for treatment under Sections 1026
8and 1370 of the Penal Code, or Section 5250, if committed for
9being dangerous to others, or Section 5300, or former Section 6316
10or 6321, of the Welfare and Institutions Code.
11(2) The community program director or the director’s designee
12under any of the following conditions:
13(A) When ordered to evaluate a defendant for the court under
14paragraph (2) of subdivision (a) of Section 1370 and subdivision
15(b) of Section 1026 of the Penal Code, or paragraph (2) of
16subdivision (a) of former Section 6316 of the Welfare and
18(B) When ordered to provide outpatient treatment and
19supervision services under Title 15 (commencing with Section
201600) of Part 2 of the Penal Code.
21(C) When a patient is committed for being dangerous to others
22under Section 5250 of the Welfare and Institutions Code.
23(D) When the director or the director’s designee provides
24evaluation, supervision, or treatment for a person under Section
252964 or 2972.
26(3) The officer providing conservatorship investigation under
27Section 5354 of the Welfare and Institutions Code in cases where
28referral for conservatorship is made while the proposed conservatee
29is being treated under Section 1026 or 1370 of the Penal Code or
30Section 5250, if committed for being dangerous to others, or
31Section 5300, or former Section 6316 or 6321, of the Welfare and
33(b) In all instances pursuant to subdivision (a), the criminal
34history record shall be transmitted by the court with the request
35for evaluation or during the conservatorship investigation or with
36the order committing the person to a treatment facility or approving
37outpatient status, except that the county mental health director and
38the officer providing conservatorship investigation may receive
39the state summary criminal history information from the law
40enforcement agency that referred the person for evaluation and
P5 1treatment under Section 5150 of the Welfare and Institutions Code
2if the person has been subsequently committed for being dangerous
3to others under Section 5250 of the Welfare and Institutions Code.
4Information obtained under this subdivision shall not be included
5in any document that will become part of a public record.
6(c) (1) Subject to the requirements of Section 11105, the
7Attorney General shall furnish state summary criminal history
8information to the director of a state hospital, or his or her designee,
9for a patient committed to that facility for treatment. The
10information shall only be used for the purpose of treatment or the
11determination of security required for that patient. State summary
12criminal history information shall be included in the patient’s
13confidential file for the duration of the patient’s treatment at the
14state hospital. The state summary criminal history information
15shall be removed from the patient’s file and destroyed within 30
16days of the patient being discharged.
17(2) Subject to the requirements and conditions in Section
1811105.03, a law enforcement officer at a state hospital who has
19access to the California Law Enforcement Telecommunication
20System (CLETS) is hereby authorized to provide state summary
21criminal history information to the director of a state hospital, or
22his or her designee, for use as provided in paragraph (1).