BILL ANALYSIS �
AB 1693
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ASSEMBLY THIRD READING
AB 1693 (Hagman and Ma)
As Amended March 26, 2012
Majority vote
PUBLIC SAFETY 6-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Fuentes, Harkey, |
| |Hagman, Mitchell, Skinner | |Blumenfield, Bradford, |
| | | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Ammiano, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
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SUMMARY : Authorizes the Department of Mental Health (DMH) to
expand a pilot program by establishing competency restoration
programs in Los Angeles County and Kern County jails to inmates
who have been found incompetent to stand trial (IST) but not
committed to a state hospital. Specifically, this bill :
1)Authorizes DMH to expand a pilot program which provides
appropriate treatment to individuals found IST but not
committed to a state hospital, to Los Angeles and Kern
Counties, and any other county that opts to participate.
2)Requires the two specified counties to cooperate with DMH if
DMH expands the program.
3)Requires that admissions criteria for competency restoration
programs be coordinated through DMH, prioritizing ISTs most
likely to be restored to competency.
4)Specifies that competency-restoration programs shall include
at least: a) objective competency assessment upon admission;
b) individualized treatment programs; c) multimodal,
experiential competency education experiences; d) education
addressing the criminal justice system; e) education for
individuals lacking specific knowledge; f) periodic
reassessment of competency; g) medication treatment; and, h)
capacity and involuntary treatment assessment.
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5)Declares that a special law is needed because of the
historically long waiting lists of ISTs in the two specified
counties, which expose the state to potential future court
involvement from delays in the treatment of ISTs held in
county jail longer than recommended by the courts.
EXISTING LAW :
1)Provides that a person cannot be tried or sentenced while
mentally incompetent.
2)Defines "mentally incompetent" as being unable to understand
the nature of criminal proceedings or rationally assist
counsel in conducting a defense.
3)Provides that if a doubt arises in the mind of the judge or
counsel as to a defendant's mental competence, the judge shall
appoint counsel and order a mental competence hearing to be
held in Superior Court.
4)Provides the procedure for conducting a mental competence
hearing.
5)Provides that if the defendant is found mentally competent,
the criminal process shall resume, the trial on the offense
and judgment may be pronounced.
6)States that if the defendant is found to be mentally
incompetent, the trial or judgment shall be suspended until
the person becomes mentally competent.
7)States that in the meantime, the court shall order the
mentally incompetent defendant to be delivered by the sheriff
to a state hospital for the care and treatment of the mentally
disordered, or to any other specified treatment center that
will promote the defendant's speedy restoration to mental
competence, or placed on outpatient status, as specified.
8)Requires state hospitals to report to courts on whether a
patient has recovered, or is likely to recover, their mental
competence, within 90 days.
9)Requires that ISTs be transferred to a state hospital within a
reasonable amount of time to comply with this 90-day
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requirement.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, precise costs and savings are unknown at this point,
but based on the San Bernardino pilot program, startup costs for
the two counties specified in the bill would be in the range of
$1 million (General Fund (GF)), offset within about one year by
GF savings in the range of $4 million and local savings in the
range of $700,000 assuming a similar rate of success. In
addition, to the extent the program succeeds, more state
hospital beds will be available.
In the San Bernardino pilot, the county used about $300,000 from
a $4.3 million DMH budget appropriation for local IST pilot
programs to fund a 20-bed program in which a private contractor
(Liberty Healthcare Corporation) provided psychiatric treatment
and stabilization services. The state paid the contractor $278
per day, compared with the cost of about $500 for a state
hospital bed. The contractor also covered most of the county's
daily jail costs. In addition, according to DMH, the average
length-of-stay for IST defendants in the San Bernardino program
was 55 days, compared to 196 days in a state hospital.
Extrapolating from a review of the first nine months of pilot by
the Legislative Analyst's Office (LAO), San Bernardino saved
about $260,000 and the state about $1.6 million.
COMMENTS : According to the author, "With such a severe budget
situation and backlog in transferring defendants who are
incompetent to stand trial to state hospitals for treatment, AB
1693 will provide monetary relief to all while making sure that
these defendants are restored to competency."
Please the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Jesse Stout / PUB. S. / (916) 319-3744
FN: 0003816
AB 1693
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