Amended in Assembly March 27, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1960


Introduced by Assembly Member Perea

February 19, 2014


An act tobegin delete amend Section 11105.1 of the Penal Code,end deletebegin insert add Section 4142 to the Welfare and Institutions Code,end insert relating to criminal history information.

LEGISLATIVE COUNSEL’S DIGEST

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.begin insert Existing law makes it a misdemeanor to knowingly furnish a state summary criminal history record or information obtained from a record to a person who is not authorized by law to receive that record or information.end insert

This bill would require thebegin delete Attorney General to provideend deletebegin insert director of a state hospital or a clinician, as defined, to obtain theend insert state summary criminal history informationbegin delete to the director of a state hospital, or his or her designee,end delete for a patient committed tobegin delete that facility for treatmentend deletebegin insert the State Department of State Hospitalsend insert. The bill wouldbegin 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 deletebegin insert state the purposes for which the information may be used, including to assess the violence risk and the appropriate placement of the patient, and would require the information to be removedend insert from the patient’s file andbegin delete destroy itend deletebegin insert destroyedend insert within 30 days of the patient being discharged. This bill would alsobegin delete authorize aend deletebegin insert requireend insert law enforcementbegin delete officer at a state hospital who has access toend deletebegin insert personnel to provide the criminal history information to the director or clinician upon request throughend insert the California Law Enforcementbegin delete Telecommunicationend deletebegin insert Telecommunicationsend insert Systembegin 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.begin insert Because the furnishing of this information by the director or clinician to an unauthorized person would be a misdemeanor pursuant to the provisions described above, this bill would expand the scope of an existing crime, thereby imposing a state-mandated local program.end insert

begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 4142 is added to the end insertbegin insertWelfare and
2Institutions Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert4142.end insert  

(a) Notwithstanding any other law, whenever a patient
4is committed to the State Department of State Hospitals, a director
5of a state hospital or a clinician, as defined in subdivision (f), shall
6obtain the state summary criminal history information for the
7patient. The information shall be used to assess the violence risk
8of a patient, to assess the appropriate placement of a patient, for
9treatment purposes of a patient, for use in preparing periodic
P3    1reports as required by statute, or to determine the patient’s
2progress or fitness for release. The state summary criminal history
3information shall be placed in the patient’s confidential file for
4the duration of his or her commitment.

5(b) The information may be obtained through use of the
6 California Law Enforcement Telecommunications System (CLETS).
7Law enforcement personnel shall cooperate with requests for state
8summary criminal history information authorized pursuant to this
9section and shall provide the information to the requesting entity
10in a timely manner.

11(c) A law enforcement officer or person authorized by this
12section to receive the information who obtains the information in
13the record and knowingly provides the information to a person
14not authorized by law to receive the information is guilty of a
15misdemeanor as specified in Section 11142 of the Penal Code.

16(d) Information obtained pursuant to this section shall not be
17used for any purposes other than those described in subdivision
18(a).

19(e) For purposes of this section, the State Department of State
20Hospitals law enforcement personnel, pursuant to Section 830.38
21of the Penal Code, may act as the governmental criminal justice
22agency described in subdivision (a).

23(f) For purposes of this section, “clinician” means a state
24licensed mental health professional working within the State
25Department of State Hospitals.

26(g) State summary criminal history information secured pursuant
27to this section shall remain confidential and access shall be limited
28to the director of the state hospital or the clinician. Within 30 days
29of discharge from the state hospital, the state summary criminal
30history information shall be removed from the patient’s file and
31destroyed.

end insert
32begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
34the only costs that may be incurred by a local agency or school
35district will be incurred because this act creates a new crime or
36infraction, eliminates a crime or infraction, or changes the penalty
37for a crime or infraction, within the meaning of Section 17556 of
38the Government Code, or changes the definition of a crime within
39the meaning of Section 6 of Article XIII B of the California
40Constitution.

end insert
begin delete
P4    1

SECTION 1.  

Section 11105.1 of the Penal Code is amended to
2read:

3

11105.1.  

(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
17Institutions Code.

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
32Institutions Code.

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).

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