BILL ANALYSIS
AB 2246
Page 1
Date of Hearing: May 12, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2246 (Blakeslee) - As Amended: April 28, 2010
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill:
1)Specifies that every person confined in a state hospital who
commits battery by gassing a peace officer, or any employee of
the state hospital is guilty of aggravated battery, punishable
by up to six months in county jail and/or a fine of up to
$1,000 or by two, three, or four years in state prison.
(Current law applies the same penalty for gassing to state or
local inmates.)
(Gassing is defined as intentionally throwing, or causing to
be placed upon the person of another, any human excrement or
other bodily fluids or bodily substances that results in
contact with a person's skin.)
2)Requires the director of the state hospital to require the
offending patient to undergo testing for hepatitis and/or
tuberculosis if necessary to protect the health of the
employee, as specified. (This language is similar to existing
law related to state or local inmates.)
3)Requires DMH to report to the Legislature by 2015 findings and
recommendations regarding gassing incidents.
FISCAL EFFECT
1)Moderate annual GF costs, likely in excess of $200,000, to the
extent this bill results in additional state prison
commitments. According to DMH, there have been 56 gassing
incidents at state hospitals over the past five years. If as a
AB 2246
Page 2
result of this bill, five DMH patients receive the proposed
three-year midterm sentence, annual GF costs would be about
$330,000 in two years.
In 2007 and 2008, combined, 45 persons were sentenced to state
prison for gassing that occurred in state prisons (24) or
local jails (21).
2)Minor absorbable GF costs to DMH for the hepatitis and
tuberculosis testing and for the proposed report.
COMMENTS
1)Rationale . The author contends existing gassing penalties for
state and local inmates should apply to mental hospital
patients.
2)State Hospital Population . The five state mental hospitals
have a capacity of 6,327 and are budgeted for 5,500 patients.
As of April 2010, 5,236 patients occupied beds, as follows:
a) Not Guilty by Reason of Insanity (NGI): 1,234
b) Mentally Disordered Offender (MDO) 1,184
c) Incompetent to Stand Trial (IST): 1,095
d) Sexually Violent Predator (SVP): 811
e) Lanterman-Petris-Short civil commitments (LPS): 455
f) CDCR mental health transfers: 318
g) Other Penal Code: 139
3)Fundamental Issue: Should mental patients be treated the same
as prison and jail inmates ? All DMH state hospital patients
have mental health infirmities. Should their acting out be
equated with that of prison and jail inmates? Is a reasoned
Penal Code penalty increase likely to serve as an effective
response/deterrent to severely mentally ill persons?
For example, as noted in the Assembly Public Safety analysis,
in approving the SVP law, the Legislature stated in its
findings and declarations in SB 888, Statutes of 1995, "while
these individuals have been duly punished for their criminal
acts, they are, if adjudicated SVPs, a continuing threat to
society. The continuing danger posed by these individuals and
the continuing basis for their judicial commitment is a
currently diagnosed mental disorder, which predisposes them to
engage in sexually violent criminal behavior. It is intent of
AB 2246
Page 3
the Legislature that these individuals be committed and
treated for their disorders only as long as the disorders
persist and not for any punitive purposes."
Thus, the 1995 Senate Committee on Criminal Procedure analysis
for AB 888 stated that the Legislature disavowed any "punitive
purpose" and declared an intent to establish "civil
commitment" proceedings to provide treatment to mentally
disordered offenders. The Legislature also made clear that,
"persons who may be judicially committed . . . as mentally
disordered sexually offenders, SVPs, or mentally retarded
persons . . . shall be treated, not as criminals, but as sick
persons."
a) NGI is a determination by court that the defendant
committed a crime and was insane at the time the crime was
committed. The court commits defendant to DMH for a term
equal to the longest sentence that could have been imposed
for the crime.
b) MDO , the predecessor to SVP, is a post-prison civil
commitment based on a severe mental disorder that cannot be
controlled absent treatment.
c) IST is a court determination that the defendant is
unable to understand the nature of the criminal
proceedings. Defendant is committed by court for treatment
designed to enable defendant to proceed with trial. Maximum
time is either three years or the maximum term of
imprisonment for the most serious charge, whichever is
less.
d) SVP is a post-prison civil commitment for offenders
convicted of specified sex offenses against one or more
victims, who have a diagnosed mental disorder that makes it
likely that they will engage in sexually violent predatory
behavior upon release. The initial term of commitment is
two years and may be renewed.
4)In any case - are current penalties insufficient ? Under
current law, gassing in a state hospital would be chargeable
as battery, punishable by up to six months in county jail
and/or a fine of up to $2,000; or, if the incident was
committed with an instrument likely to cause great bodily -
injury which could include gassing if the bodily fluids are
AB 2246
Page 4
infected - the charge could be assault, punishable by up to
one year in county jail and/or a fine of up to $10,000, or
two, three or four years in state prison.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081