BILL ANALYSIS                                                                                                                                                                                                    Ó




           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        AB 468|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                      CONSENT 


          Bill No:  AB 468
          Author:   Jones (R)
          Introduced:2/23/15  
          Vote:     21  

           SENATE HEALTH COMMITTEE:  8-0, 6/24/15
           AYES:  Hernandez, Nguyen, Mitchell, Monning, Nielsen, Pan,  
            Roth, Wolk
           NO VOTE RECORDED:  Hall

           ASSEMBLY FLOOR:  79-0, 4/13/15 (Consent) - See last page for  
            vote

           SUBJECT:   Wards and conservatees: mental health


          SOURCE:    Conference of California Bar Associations

          DIGEST:   This bill deletes the requirement in existing law for  
          the Director of the Department of State Hospitals to adopt and  
          issue regulations defining the term "mental health treatment  
          facility" for purposes of involuntarily placing a ward or a  
          conservatee.

          ANALYSIS: 
          
          Existing law:

          1)Prohibits a ward or conservatee who is subject to a probate  
            conservatorship from being placed in a mental health treatment  
            facility against his or her will.

          2)Prohibits the spouse of a person who is subject to a health  
            care conservatorship because he or she cannot make health care  
            decisions for him- or herself from placing the ward or  








                                                                     AB 468  
                                                                    Page  2



            conservatee in a mental health treatment facility.

          3)Requires the Director of the Department of State Hospitals  
            (DSH) to adopt and issue regulations defining "mental health  
            treatment facility."

          4)Defines "designated facility" or "facility designated by the  
            county for evaluation and treatment" as a facility that is  
            licensed or certified as a mental health treatment facility or  
            a hospital by the Department of Public Health, and may  
            include, but is not limited to, a licensed psychiatric  
            hospital, a licensed psychiatric health facility, and a  
            certified crisis stabilization unit.

          This bill deletes the requirement for the Director of DSH to  
          adopt and issue regulations defining the term "mental health  
          treatment facility" for purposes of involuntarily placing a ward  
          or a conservatee.

          Background
          
          According to DSH, the responsibility for adopting a definition  
          of mental health treatment facility was originally assigned to  
          the Department of Mental Health (DMH).  After reorganization and  
          dissolution of DMH, the responsibility was delegated to DSH.   
          According to DSH, the responsibility is misplaced because it is  
          only responsible for state hospitals, where patients are  
          confined for treatment as mandated by a criminal or civil court  
          judge, and no other mental health treatment facilities are under  
          DSH's purview.

          Mental health treatment facilities are mentioned in five  
          sections of California statute. Three of these sections are in  
          the Probate Code, including the section to which this bill  
          pertains. The other sections are in the Penal Code and the  
          Welfare and Institutions Code. None of the sections define  
          mental health treatment facility, and a regulation to define the  
          phrase was never promulgated. The section of law that this bill  
          amends relates to the ability of a probate conservator to place  
          a conservatee in mental health treatment facility. In People vs.  
          Karriker (2007), which referred to "mental health treatment  
          facilities", the court found that a probate conservator cannot  








                                                                     AB 468  
                                                                    Page  3



          place a conservatee in a locked facility, suggesting that the  
          court believed that a "mental health treatment facility" is a  
          locked facility.

          Comments
          
          Author's statement.  According to the author, existing law  
          (Probate Code §2356) includes a requirement that the Director of  
          DSH adopt and issue regulations defining "mental health  
          treatment facility" (until last year, the requirement was for  
          the Director of DMH). This requirement was included in the  
          statute when it was enacted in 1990, and no such regulations  
          have ever been adopted or, if adopted, have been repealed. There  
          is no evidence that the absence of such regulations has had any  
          impact on the effectiveness of existing law. However, the fact  
          the statute refers to regulations tells a lawyer (or anyone  
          else) trying to apply the statute that he or she needs to check  
          those regulations as part of due diligence. This is a waste of  
          the attorney's time and the client's money because there are no  
          regulations to find. Removing this language also clarifies to  
          litigants that the undefined terms carry their common and  
          ordinary meanings (Halbert's Lumber, Inc. v. Lucky Stores, Inc.  
          (1992), 6 cal. App. 4th 1233, 1238 [undefined terms in statutes  
          carry their "ordinary, everyday meaning]), not a different  
          meaning that was to have been developed, but was not.  
          Eliminating the requirement, therefore, benefits everyone  
          involved.

          Prior Legislation
          
          SB 1465 (Committee on Health, Chapter 442, Statutes of 2014),  
          among other technical, clarifying changes, replaced references  
          to DMH in existing law with DSH to reflect DMH's elimination.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified6/29/15)











                                                                     AB 468  
                                                                    Page  4




          Conference of California Bar Associations (source)




          OPPOSITION:   (Verified6/29/15)


          None received


          ARGUMENTS IN SUPPORT:     The Conference of California Bar  
          Associations (CCBA) writes in support that no regulations  
          defining mental health treatment facility have been adopted in  
          the past 24 years, and no known problems have resulted. The  
          downside to keeping this requirement in statute is that those  
          trying to apply the statute have to check regulations as part of  
          due diligence. The CCBA states that this is a waste of time  
          because there are no regulations to find.


           

          ASSEMBLY FLOOR:  79-0, 4/13/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin,  
            Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Harper


          Prepared by:Shannon Muir / HEALTH / 
          6/30/15 13:48:18








                                                                     AB 468  
                                                                    Page  5





                                   ****  END  ****