BILL ANALYSIS                                                                                                                                                                                                    



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          ASSEMBLY THIRD READING
          AB 1960 (Perea)
          As Amended  April 21, 2014
          Majority vote 

           PUBLIC SAFETY       7-0         APPROPRIATIONS      17-0        
           
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          |Ayes:|Ammiano, Melendez,        |Ayes:|Gatto, Bigelow,           |
          |     |Jones-Sawyer, Quirk,      |     |Bocanegra, Bradford, Ian  |
          |     |Skinner, Stone, Waldron   |     |Calderon, Campos,         |
          |     |                          |     |Donnelly, Eggman, Gomez,  |
          |     |                          |     |Holden, Jones, Linder,    |
          |     |                          |     |Pan, Quirk,               |
          |     |                          |     |Ridley-Thomas, Wagner,    |
          |     |                          |     |Weber                     |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires, notwithstanding any other law, a state  
          hospital director or clinician, as specified, to obtain the  
          state summary criminal history information, and provides a means  
          to access this information, whenever a patient is committed to  
          the State Department of State Hospitals (DSH) to be used as  
          specified.  Specifically,  this bill  :

          1)Requires, notwithstanding any other law, whenever a patient is  
            committed to DSH, a director of a state hospital or a  
            clinician, as defined, to obtain the state summary criminal  
            history information for the patient to be used to assess the  
            violence risk of a patient, to assess the appropriate  
            placement of a patient, for treatment purposes of a patient,  
            for use in preparing periodic reports as required by statute,  
            or to determine the patient's progress or fitness for release.  
             Prohibits the use of this information for any purpose other  
            than those described here. 

          2)States that the information may be obtained through use of the  
            California Law Enforcement Telecommunications System (CLETS)  
            and requires law enforcement personnel to cooperate with  
            requests for state summary criminal history information  
            authorized pursuant to this bill and to provide the  
            information to the requesting entity in a timely manner.

          3)Punishes as a misdemeanor a law enforcement officer or person  








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            authorized by this bill to receive state summary criminal  
            history information who obtains the information in the record  
            and knowingly provides the information to a person not  
            authorized by law to receive the information.

          4)States that for purposes of this bill, DSH law enforcement  
            personnel, as specified, may act as the law enforcement  
            personnel as described elsewhere in this bill.

          5)Defines, for purposes of this bill, "clinician" to mean a  
            state licensed mental health professional working within DSH,  
            who has received and is current in CLETS training, as  
            appropriate, following the policies on training, compliance,  
            and inspection required by the Department of Justice.

          6)Requires the summary criminal history information to be placed  
            in the patient's confidential file for the duration of his or  
            her commitment.  Requires this information to remain  
            confidential and access limited to the director of the state  
            hospital or the clinician and removed from the patient's file  
            and destroyed within 30 days of discharge from the state  
            hospital.
           
          FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee:

          1)Negligible cost to DSH, as a CLETS terminal used by DSH police  
            is proximate.

          2)Minor absorbable costs for clinician CLETS training.

           COMMENTS  :  According to the author, "Currently, even though more  
          than 96 % of State Hospital new admissions are committed via the  
          criminal justice system, State Hospital clinicians do not have  
          comprehensive access to up-to-date criminal history information  
          for all of these patients.  Assembly Bill 1960 will provide  
          State Hospital clinicians with the information necessary to  
          perform accurate violence risk assessments, create patient [sic]  
          better treatment plans, and provide reports to the court on the  
          patient's progress or fitness for release. This bill will help  
          decrease the level of violence in our state hospitals as well as  
          create better treatment outcomes for patients."
           
           Please see the policy committee analysis for a full discussion  








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          of this bill.
           

          Analysis Prepared by  :    Shaun Naidu / PUB. S. / (916) 319-3744 


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