BILL NUMBER: AB 2370 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Mansoor
FEBRUARY 24, 2012
An act to amend Section 4502 of the Business and Professions Code,
to amend Sections 8769, 16191, 16195, 16196, 16200, 41306, 41401,
and 51765 of the Education Code, to amend Sections 854.2, 6514,
12428, 14670.1, 14670.2, 14670.3, 14670.5, 14672.1, 14672.92, 16813,
16814, and 16816 of the Government Code, to amend Sections 1275.5,
13113, 123935, 127260, and 129395 of the Health and Safety Code, to
amend Sections 1370.1 and 1376 of the Penal Code, to amend Section
1420 of the Probate Code, to amend Section 25276 of the Vehicle Code,
and to amend Sections 4426, 4801, 5002, 5008, 5325, 6250, 6500,
6502, 6504, 6504.5, 6505, 6506, 6507, 6508, 6509, 6511, 6512, 6513,
6551, 6715, 6717, 6718, 6740, 6741, 7275, and 7351 of, and to amend
the heading of Article 2 (commencing with Section 6500) of Chapter 2
of, and to amend the heading of Article 4 (commencing with Section
6715) of Chapter 3 of, Part 2 of Division 6 of, the Welfare and
Institutions Code, relating to intellectual disabilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 2370, as introduced, Mansoor. Mental retardation: change of
term to intellectual disabilities.
Existing federal Medicaid provisions require a state to describe
its Medicaid program in its state plan, which is required by federal
law to provide for, among other things, a public process for
determination of rates of payment under the plan for hospital
services, nursing facility services, and services of intermediate
care facilities for the mentally retarded.
Under existing law, various state statutes refer to mentally
retarded persons in provisions relating to, among other things,
services, commitment to state facilities, and criminal punishment.
This bill would revise various statutes to, instead, refer to a
person with an intellectual disability. The bill would also state the
intent of the Legislature not to make a change to services or the
eligibility for services.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4502 of the Business and Professions Code is
amended to read:
4502. As used in this chapter, "psychiatric technician" means any
person who, for compensation or personal profit, implements
procedures and techniques which involve understanding of cause and
effect and which are used in the care, treatment, and rehabilitation
of mentally ill, emotionally disturbed, or mentally retarded
intellectually disabled persons and who has one
or more of the following:
(a) Direct responsibility for administering or implementing
specific therapeutic procedures, techniques, treatments, or
medications with the aim of enabling recipients or patients to make
optimal use of their therapeutic regime, their social and personal
resources, and their residential care.
(b) Direct responsibility for the application of interpersonal and
technical skills in the observation and recognition of symptoms and
reactions of recipients or patients, for the accurate recording of
such symptoms and reactions, and for the carrying out of treatments
and medications as prescribed by a licensed physician and surgeon or
a psychiatrist.
The psychiatric technician in the performance of such procedures
and techniques is responsible to the director of the service in which
his or her duties are performed. The director may be a
licensed physician and surgeon, psychiatrist, psychologist,
rehabilitation therapist, social worker, registered nurse, or other
professional personnel.
Nothing herein shall authorize a licensed psychiatric technician
to practice medicine or surgery or to undertake the prevention,
treatment or cure of disease, pain, injury, deformity, or mental or
physical condition in violation of the law.
SEC. 2. Section 8769 of the Education Code is amended to read:
8769. The county superintendent of schools may, with the approval
of the county board of education, lease any real or personal
property for the purpose of care, teaching , and training
of physically handicapped or mentally retarded
intellectually disabled children at such time as the
property is not required for outdoor science education and
conservation education, upon such terms and conditions as are agreed
upon.
SEC. 3. Section 16191 of the Education Code is amended to read:
16191. As used in this article, "exceptional children" means
physically handicapped pupils, mentally retarded pupils
pupils with intellectual disabilities ,
educationally handicapped pupils, multihandicapped pupils, or pupils
enrolled in development centers for the handicapped required or
allowed to be educated pursuant to Part 30 (commencing with Section
56000).
SEC. 4. Section 16195 of the Education Code is amended to read:
16195. Allocations under this article may be made in the amount
as may be necessary, and in the manner as to distribute the available
funds equitably among school districts, giving consideration to the
needs of each district and the number of children within each
district who are blind, partially seeing, aphasic, deaf, hard of
hearing, mentally retarded intellectually
disabled , or orthopedic , or who are health
impaired, multihandicapped, speech handicapped, educationally
handicapped, or enrolled in development centers for the handicapped.
In computing the number of those children, there shall be included
all of the following:
(a) The number of them residing in the district.
(b) The number of handicapped minors who are actually living
within the district five or more days a week, although their legal
residence may be outside the district and who are educated pursuant
to former Section 56708, as enacted by Section 2 of
Chapter 1010 of the Statutes of 1976.
(c) The number of them who reside outside of the district, except
those described in subdivision (b), and who are to be educated by the
district, excluding mentally retarded minors
with intellectual disabilities within Section 56501, as
amended by Section 58 of Chapter 1247 of the Statutes of 1977, who
reside within a district having an average daily attendance of 900 or
more and which does not meet the requirements of Section 16058
concerning outstanding bonded indebtedness.
Allocations for housing and equipment for minors having speech
defects or disorders shall be allowed in new schools constructed
after July 1, 1968, and in existing schools constructed between July
1, 1933, and July 1, 1968. The housing and equipment shall be
designed and provided to permit their utilization for remedial and
other special services including speech therapy, speech reading
(lipreading), and auditory training for the speech and hearing
handicapped, screening and testing for speech and hearing defects, or
both, psychological testing of exceptional children, subject matter
tutoring of exceptional children, and other specialized activities
required by these children. In addition to the maximum building area
allowances provided in Sections 16047, 16052, 16053, and 16054, not
more than an additional 200 square feet of building area shall be
allowed for each new school so planned and constructed.
Each existing school, constructed between July 1, 1933, and July
1, 1968, shall be allowed not more than an additional 200 square feet
of building area only for construction thereon of a new speech
facility. At the option of the applicant district, the board may
allocate funds to convert existing facilities or to provide a
combination of new construction and conversion of existing facilities
to provide housing for minors having speech defects or disorders,
provided the cost of the conversion or combination of new
construction and conversion does not exceed the computed cost for 200
square feet of new classroom construction based upon cost standards
adopted by the board. At the further option of the applicant
district, and in lieu of new building construction or conversion, the
board may allocate funds for the acquisition of mobile speech
therapy facilities, provided the cost of the mobile facilities does
not exceed the combined computed cost for 200 square feet of new
classroom construction, based upon cost standards adopted by the
board, at all schools which will be served by the mobile facility.
SEC. 5. Section 16196 of the Education Code is amended to read:
16196. Notwithstanding any provisions of this article to the
contrary, apportionments for the construction of facilities and the
purchase of essential furniture and equipment for the education of
exceptional children may, subject to the approval of the State
Department of Education, be made to any school districts not
otherwise eligible to receive apportionments under Article 1
(commencing with Section 16000) and Article 2 (commencing with
Section 16150) of this chapter, for the education of blind, partially
seeing, aphasic, deaf, hard-of-hearing, mentally retarded
intellectually disabled , orthopedic or other
health-impaired, multihandicapped, and educationally handicapped
minors, pupils having speech defects or disorders, or pupils enrolled
in development centers for the handicapped.
The State Department of Education may approve applications in
those situations where the facilities will be used by a county
superintendent of schools required to educate physically handicapped
minors pursuant to former Section 1850, as enacted by
Section 2 of Chapter 1010 of the Statutes of 1976, and
mentally retarded minors minors with intellectual
disabilities pursuant to former Section 1880, as
enacted by Section 2 of Chapter 1010 of the Statutes of 1976. A
school district may educate these minors by agreement with a county
superintendent of schools required to educate these minors. Priority
in the use of the facilities shall be given to pupils from districts
other than the applicant district.
Except as otherwise provided in this section, not more than 50
percent of the amount of any apportionment made pursuant to this
section shall be repaid. Repayments shall be made in the following
manner: Fifty percent of the amount of the apportionment shall be
repaid in full with interest by the district, in the annual amounts
and at the interest rate over the period as the State Allocation
Board may determine, not to exceed 20 years from the date the
apportionment became final. In any school year in which 50 percent or
more of the pupils in average daily attendance, as determined by the
county superintendent of schools, and served by the facilities are
not pupils from districts other than the applicant district, the
repayment for the succeeding fiscal year shall be an amount which
would have been payable if the district had been required to repay
100 percent of the apportionment over that period.
The county board of supervisors of the county whose superintendent
of schools conducts classes in the facility during any fiscal year
shall at that time or times within the fiscal year that may be agreed
upon between the county and the school district, but in any case not
later than the end of the fiscal year, pay to the school district
having the obligation to repay the apportionment made under this
section for the construction of the facility, an amount equal to 80
percent of the amount the district is required to repay in the fiscal
year with respect to the apportionment described above.
The county board of supervisors shall raise the amount required
through a general tax levy on the property within the participating
districts, or through a tuition charge not to exceed one hundred
sixty dollars ($160) a year per pupil by the county superintendent of
schools to the school districts of residence of pupils attending the
facility other than the district having the obligation to repay, or
through a combination of these.
The county superintendent of schools shall notify the county board
of supervisors of his or her intention to approve a school district'
s application for an allocation under this article before he or she
approves the application.
SEC. 6. Section 16200 of the Education Code is amended to read:
16200. Notwithstanding any provisions of this article to the
contrary, the board may make apportionments to school districts not
otherwise eligible to receive apportionments under Article 1
(commencing with Section 16000) and Article 2 (commencing with
Section 16150) for the construction of special education facilities
and the purchase of essential furniture and equipment for the purpose
of either or both (1) educating those physically handicapped,
mentally retarded intellectually disabled
, and educationally handicapped pupils who regularly reside in
an established, licensed children's institution or family home and
are being educated pursuant to former Section 42902, as
amended by Section 1 of Chapter 1173 of the Statutes of 1977, and (2)
educating handicapped pupils in development centers for handicapped
pupils pursuant to former Article 1 (commencing with
Section 56800) of Chapter 6 of Part 30, as enacted by Section 2 of
Chapter 1010 of the Statutes of 1976.
Only 50 percent of any amounts allocated and disbursed to a
district under this section shall be repaid by the district. Each
disbursement shall be repaid in 20 equal annual installments,
including interest as determined by the board, and shall be computed
and withheld by the Controller. The first computation of repayment of
any disbursement shall be made in the fiscal year following the
disbursement and shall during the next fiscal year be deducted in
equal amounts from the February, March, April, and May installments
of the apportionment made to the district from the State School Fund
under Sections 41330 to 41343, inclusive, and Sections 41600 to
41972, inclusive.
SEC. 7. Section 41306 of the Education Code is amended to read:
41306. The Superintendent of Public Instruction shall also allow
as otherwise provided in Section 41304 for the driver training
instruction necessary to be safely tested for a driver's license at
the Department of Motor Vehicles, those physically handicapped
pupils, mentally retarded pupils pupils with
intellectual disabilities who come within the provisions of
former Section 56501 as amended by Chapter 1247 of the Statutes of
1977, and educationally handicapped pupils who are in attendance in a
public secondary school in California that offers qualified
instruction, and who may qualify for a driver's license, or other
license, issued by the California Department of
Motor Vehicles, a total allowance not to exceed two hundred ninety
dollars ($290) including the reimbursement provisions set forth in
Section 41900 to each school district and county superintendent of
schools. All driver training for pupils herein described shall be
provided by qualified teachers, as defined by Sections 41906 and
41907. The provisions of this section may not be applied if
reimbursement allowable under Sections 41900 to 41912, inclusive, is
sufficient to meet the total cost of instruction as herein described.
It is the intent of the Legislature that driver training
instruction be provided pupils as a part of the high school
curriculum, and the Legislature finds and declares that exceptional
children are entitled to the benefit of that instruction so far as
their individual capabilities permit, understanding that those pupils
herein described often require individualized and amplified driver
training instruction in order to succeed in becoming safe operators
of motor vehicles. Since without a means of self-transportation much
of the overall program of education and rehabilitation provided for
by the Legislature would be of little avail to the person without the
mobility required to become a productive and well-adjusted member of
society, the Legislature further declares that it is incumbent upon
the state to share in the cost of providing a most needed and
desirable program of driver training instruction for these
exceptional children.
SEC. 8. Section 41401 of the Education Code is amended to read:
41401. For the purposes of this article:
(a) "Administrative employee" means an employee of a school
district, employed in a position requiring certification
qualifications, who does not come within the definition set forth in
subdivision (c) or (d).
(b) "Classified employee" means an employee of a school district,
employed in a position not requiring certification qualifications.
(c) "Pupil services employee" means an employee of a school
district, employed in a position requiring a standard designated
services credential, health and development credential, or a
librarian credential, who performs direct services to pupils. "Pupil
services employee" includes, but is not limited to, in-school
librarians, school nurses, assistant in-school librarians,
audiovisual personnel, counselors, psychologists, psychometrists,
guidance and welfare personnel, attendance personnel, school social
workers, and all other certificated personnel performing
pupil-personnel, health, or librarian services.
(d) "Teacher" means an employee of a school district, employed in
a position requiring certification qualifications, whose duties
require him or her to provide direct instruction to pupils in the
schools of that district for the full time for which he or she is
employed. "Teacher" includes, but is not limited to, teachers of
special classes, teachers of exceptional children, teachers of pupils
with physical disabilities, teachers of mentally retarded
minors with intellectual disabilities ,
substitute teachers, instructional television teachers, specialist
mathematics teachers, specialist reading teachers, home and hospital
teachers, and learning disability group teachers. Instructional
preparation time shall be counted as part of the teacher full-time
equivalent, including, but not limited to, mentor teacher or
department chairperson time.
SEC. 9. Section 51765 of the Education Code is amended to read:
51765. The governing board of any school district which
that establishes and supervises a work
experience education program in which mentally retarded
pupils with intellectual disabilities are
employed in part-time jobs may use funds derived from any source, to
the extent permissible by appropriate law or regulation, to pay the
wages of pupils so employed.
The Legislature hereby finds and declares that the authority
granted by the provisions of this section is necessary to ensure that
the work experience education program will continue to provide
maximum educational benefit to students, particularly
mentally retarded pupils pupils with intellectual
disabilities , and that such the
program is deemed to serve a public purpose.
SEC. 10. Section 854.2 of the Government Code is amended to read:
854.2. As used in this chapter, "mental institution" means any
state hospital for the care and treatment of the mentally disordered
or the mentally retarded persons with
intellectual disabilities , the California Rehabilitation
Center referred to in Section 3300 of the Welfare and Institutions
Code, or any county psychiatric hospital.
SEC. 11. Section 6514 of the Government Code is amended to read:
6514. Any A state department or
agency concerned with the provisions of services or facilities to
mentally retarded persons with intellectual
disabilities and their families may enter into agreements under
this chapter.
SEC. 12. Section 12428 of the Government Code is amended to read:
12428. In the event either the Governor or the Legislature should
obtain federal approval to transfer programs receiving federal
support for the mentally retarded people who
are intellectually disabled or mentally disordered from one
state department to another state department under the provisions of
Public Law 90-577 (Intergovernmental Cooperation Act of 1968), the
State Controller shall, upon approval of the
Director of Finance, transfer to a state
department designated by the Governor such
the parts of the appropriation of the other state
departments that are related to mentally retarded
or mentally disordered programs for people who have
intellectual disabilities or are mentally disordered , provided
further, that such the transfer shall
enable the state to make maximum utilization of available state and
federal funds.
SEC. 13. Section 14670.1 of the Government Code is amended to
read:
14670.1. Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of Mental Health,
may let to a nonprofit corporation, for the purpose of conducting an
educational and work program for mentally retarded
persons with intellectual disabilities , and for a period
not to exceed 50 years, real property not exceeding 10 acres located
within the grounds of the Napa State Hospital.
The lease authorized by this section shall be nonassignable and
shall be subject to periodic review every five years. Such
The review shall be made by the Director of
General Services, who shall do both of the following:
(a) Assure the state that the original purposes of the lease are
being carried out.
(b) Determine what, if any, adjustment should be made in the terms
of the lease.
The lease shall also provide for an initial capital outlay by the
lessee of thirty thousand dollars ($30,000) prior to January 1, 1976.
Such The capital outlay may be, or may
have been, contributed before or after the effective date of the act
adding this section.
SEC. 14. Section 14670.2 of the Government Code, as amended by
Section 1 of Chapter 65 of the Statutes of 1992, is amended to read:
14670.2. Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of Mental Health,
may, in the best interests of the state, let to a public governmental
agency, for the purpose of locating and conducting its
trainable mentally retarded training program
for people with intellectual disabilities , and for
locating and conducting a child-care facility, and for a period not
to exceed 50 years, real property not exceeding 10 acres located
within the grounds of the Napa State Hospital. For the additional
purpose of establishing an educational park, the director may, with
the consent of the department, renegotiate the lease, for a period
not to exceed 50 years, which period shall commence January 1, 1993.
For the purposes of this section, "educational park" means a
conglomerate of educational services, including, but not limited to,
a children's center, a preschool for severely disabled children,
adult educational services, administrative offices, a community
school, and a media services building.
The lease authorized by this section shall be nonassignable and
shall be subject to periodic review every five years. That review
shall be made by the Director of General Services, who shall do both
of the following:
(a) Assure the state the purposes of the lease are being carried
out.
(b) Determine what, if any, adjustment should be made in the terms
of the lease.
The lease shall also provide for the establishment of a school
building facility by the lessee prior to July 1, 1977. That facility
shall not be established until after the effective date of the act
amending this section.
SEC. 15. Section 14670.3 of the Government Code is amended to
read:
14670.3. Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of Mental
Health, may let to a nonprofit corporation, for the purpose of
conducting an educational and work program for mentally
retarded persons with intellectual disabilities
, and for a period not to exceed 55 years, real property not
exceeding five acres located within the grounds of the Fairview State
Hospital.
The lease authorized by this section shall be nonassignable and
shall be subject to periodic review every five years. Such
The review shall be made by the Director of
General Services, who shall do both of the following :
(a) Assure the state that the original purposes of the lease are
being carried out; out.
(b) Determine what, if any, adjustment should be made in the terms
of the lease.
The lease shall also provide for an initial capital outlay by the
lessee of thirty thousand dollars ($30,000) prior to January 1, 1976.
Such capital outlay may be, or may have been, contributed before or
after the effective date of the act adding this section.
SEC. 16. Section 14670.5 of the Government Code is amended to
read:
14670.5. Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of
Mental Hygiene Health may let to a
nonprofit corporation, for the purpose of establishing and
maintaining a rehabilitation center for mentally retarded
minor and adult persons with intellectual disabilities
, for a period not exceeding 20 years, real property, not
exceeding five acres, located within the grounds of the Fairview
State Hospital in Orange County, and which is retained by the state
primarily to provide a peripheral buffer area, or zone, between real
property upon which is located the state hospital and adjacent real
property, where the director deems such the
letting is in the best interests of the state.
SEC. 17. Section 14672.1 of the Government Code is amended to
read:
14672.1. Notwithstanding Section 14670, the Director of General
Services, with the consent of the Department of Corrections and
Rehabilitation , may let to a nonprofit corporation, for the
purpose of conducting an educational and work program for
mentally retarded persons with intellectual
disabilities , and for a period not to exceed 50 years, real
property not exceeding 10 acres, located within the grounds of the
Medical Facility at Vacaville, California.
Any lease executed pursuant to this section shall include a
provision that such the lease shall be
canceled if permanent facilities are not constructed on the leased
land within five years after the effective date of the amendments to
this section enacted at the 1967 Regular Session of the Legislature.
Any lease executed pursuant to this section may be assigned or
sublet in whole or in part by the lessee nonprofit corporation to any
public agency with the approval of the Director of General Services
and the Department of Corrections and Rehabilitation .
SEC. 18. Section 14672.92 of the Government Code is amended to
read:
14672.92. Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of Health
Services Developmental Services , may let to a
nonprofit corporation, for the purpose of conducting an educational
and work program for mentally retarded persons
with intellectual disabilities , and for a period not to
exceed 50 years, real property not exceeding 18.50 acres located
within the grounds of the Camarillo State Hospital at 1732 Lewis Road
in the City of Camarillo.
The lease authorized by this section shall be nonassignable and
shall be subject to periodic review every five years. Such
The review shall be made by the Director of
General Services and the Director of Health
Developmental Services who shall do all of the following:
(a) Assure the state the original purposes of the lease are being
carried out.
(b) Determine what, if any, adjustment should be made in the terms
of the lease.
SEC. 19. Section 16813 of the Government Code is amended to read:
16813. Bonds of the State of California shall be prepared,
issued, and sold in the amount of one hundred million dollars
($100,000,000), in such denominations, to be numbered, to bear such
dates, and to bear such rate of interest as shall be determined by
the Legislature.
The proceeds of such bonds shall be used:
(a) Subject to such legislation as the Legislature may, from time
to time, enact, to provide loans and grants to school districts of
the state for use in purchasing and improving school sites, the
purchasing of furniture and equipment for schools, and the planning
and constructing, reconstructing, repairing, altering, and making
additions to, school buildings.
(b) Subject to such legislation as the Legislature may, from time
to time, enact, to provide loans and grants to school districts for
assistance in providing necessary housing and equipment for the
education of physically handicapped minors and mentally
retarded minors as those terms are individuals who
have exceptional needs, as that term is defined in
Chapters 9 and 11 of Division
4 Section 56026 of the Education
Code.
(c) To pay the expenses that may be incurred in preparing,
advertising, issuing, and selling the bonds, and in administering and
directing the expenditure of the moneys realized from the sale of
such bonds.
The issuance, signing, countersigning, endorsing, and selling of
the bonds herein provided for, and the interest coupons thereon, the
place and method of payment of principal and interest thereon, the
procedure for initiating, advertising and holding sales thereof, and
the performance by the several state boards and state officers of
their respective duties in connection therewith; and all other
provisions, terms, and conditions relating to the bonds, shall be as
provided by the Legislature.
The Legislature may appropriate money to be expended in addition
to or in lieu of the money received from the sale of the bonds sold
under the authority of this section. The money so appropriated shall
be expended pursuant to subdivision (a) of this section. If the
Legislature appropriates money in lieu of the money received from the
sale of the bonds, the total amount of bonds required to be sold
pursuant to this section shall be reduced by the amount so
appropriated.
The Legislature shall pass all laws, general or special, necessary
or convenient to carry into effect the provisions of this section.
Such laws may provide for the allocation of funds to school districts
pursuant to this section by the State Allocations
Allocation Board or a similar agency and in that event,
notwithstanding any other provision of this Constitution, Members of
the Legislature who are required to meet with such board shall have
equal rights and duties with the nonlegislative members to vote and
act upon matters pending before such board.
The Legislature shall require each district receiving an
allocation of money from the sale of bonds pursuant to this section
for the purposes prescribed in subdivision (a) of this section to
repay such money to the state on such terms and in such amounts as
may be within the ability of the district to repay.
The Legislature may require each district receiving an allocation
of money from the sale of bonds pursuant to this section for the
purposes prescribed in subdivision (b) of this section to repay such
money to the state on such terms and in such amounts as the
Legislature deems proper.
The people of the State of California in adopting this section
hereby declare that it is in the interests of the state and of the
people thereof for the state to aid school districts of the state in
providing necessary school sites and buildings for the pupils of the
public school system, such system being a matter of general concern
inasmuch as the education of the children of the state is an
obligation and function of the state.
SEC. 20. Section 16814 of the Government Code is amended to read:
16814. Bonds of the State of California shall be prepared,
issued, and sold in the amount of two hundred twenty million dollars
($220,000,000), in such denominations, to be numbered, to bear such
dates, and to bear such rate of interest as shall be determined by
the Legislature.
The proceeds of such bonds shall be used:
(a) Subject to such legislation as the Legislature may, from time
to time, enact, to provide loans and grants to school districts of
the state for use in purchasing and improving school sites, the
purchasing of furniture and equipment for schools, and the planning
and constructing, reconstructing, repairing, altering, and making
additions to, school buildings.
(b) Subject to such legislation as the Legislature may, from time
to time, enact, to provide loans and grants to school districts for
assistance in providing necessary housing and equipment for the
education of physically handicapped minors and mentally
retarded minors as those terms are individuals who
have exceptional needs, as that term is defined in
Chapters 9 and 11 of Division 4 Section 56026 of
the Education Code.
(c) To pay the expenses that may be incurred in preparing,
advertising, issuing, and selling the bonds, and in administering and
directing the expenditure of the moneys realized from the sale of
such bonds.
(d) To repay, as provided by law, any money appropriated from the
Investment Fund at the 1958 First Extraordinary Session for state
school building aid.
The issuance, signing, countersigning, endorsing, and selling of
the bonds herein provided for, and the interest coupons thereon, the
place and method of payment of principal and interest thereon, the
procedure for initiating, advertising and holding sales thereof, and
the performance by the several state boards and state officers of
their respective duties in connection therewith; and all other
provisions, terms, and conditions relating to the bonds, shall be as
provided by the Legislature.
The Legislature may appropriate money to be expended in addition
to or in lieu of the money received from the sale of the bonds sold
under the authority of this section. The money so appropriated shall
be expended pursuant to subdivision (a) of this section. If the
Legislature appropriates money in lieu of the money received from the
sale of the bonds, the total amount of bonds required to be sold
pursuant to this section shall be reduced by the amount so
appropriated.
The Legislature shall pass all laws, general or special, necessary
or convenient to carry into effect the provisions of this section.
Such laws may provide for the allocation of funds to school districts
pursuant to this section by the State Allocations
Board or a similar agency and in that event, notwithstanding any
other provision of this Constitution, Members of the Legislature who
are required to meet with such board shall have equal rights and
duties with the nonlegislative members to vote and act upon matters
pending before such board.
The Legislature shall require each district receiving an
allocation of money from the sale of bonds pursuant to this section
for the purposes prescribed in subdivision (a) of this section to
repay such money to the state on such terms and in such amounts as
may be within the ability of the district to repay.
The Legislature may require each district receiving an allocation
of money from the sale of bonds pursuant to this section for the
purposes prescribed in subdivision (b) of this section to repay such
money to the state on such terms and in such amounts as the
Legislature deems proper.
The people of the State of California in adopting this section
hereby declare that it is in the interests of the state and of the
people thereof for the state to aid school districts of the state in
providing necessary school sites and buildings for the pupils of the
public school system, such system being a matter of general concern
inasmuch as the education of the children of the state is an
obligation and function of the state.
SEC. 21. Section 16816 of the Government Code is amended to read:
16816. Bonds of the State of California shall be prepared,
issued, and sold in the amount of three hundred million dollars
($300,000,000), in such denominations, to be numbered, to bear such
dates, and to bear such rate of interest as shall be determined by
the Legislature.
The proceeds of such bonds shall be used:
(a) Subject to such legislation as the Legislature may, from time
to time, enact, to provide loans and grants to school districts of
the state for use in purchasing and improving school sites, the
purchasing of furniture and equipment for schools, and the planning
and constructing, reconstructing, repairing, altering, and making
additions to, school buildings.
(b) Subject to such legislation as the Legislature may, from time
to time, enact, to provide loans and grants to school districts for
assistance in providing necessary housing and equipment for the
education of physically handicapped minors and mentally
retarded minors as those terms are individuals who
have exceptional needs, as that term is defined in
Chapters 8 and 9 of Division 6 of Section 56026
the Education Code.
(c) To pay the expenses that may be incurred in preparing,
advertising, issuing, and selling the bonds, and in administering and
directing the expenditure of the moneys realized from the sale of
such bonds.
(d) To repay, as provided by law, any money appropriated from the
General Fund at the 1960 First Extraordinary Session for state school
building aid.
The issuance, signing, countersigning, endorsing, and selling of
the bonds herein provided for, and the interest coupons thereon, the
place and method of payment of principal and interest thereon, the
procedure for initiating, advertising and holding sales thereof, and
the performance by the several state boards and state officers of
their respective duties in connection therewith; and all other
provisions, terms, and conditions relating to the bonds, shall be as
provided by the Legislature.
The Legislature may appropriate money to be expended in addition
to or in lieu of the money received from the sale of the bonds sold
under the authority of this section. The money so appropriated shall
be expended pursuant to subdivision (a) of this section. If the
Legislature appropriates money in lieu of the money received from the
sale of the bonds, the total amount of bonds required to be sold
pursuant to this section shall be reduced by the amount so
appropriated.
The Legislature shall pass all laws, general or special, necessary
or convenient to carry into effect the provisions of this section.
Such laws may provide for the allocation of funds to school districts
pursuant to this section by the State Allocation Board or a similar
agency. Notwithstanding any other provision of this Constitution,
Members of the Legislature who are required to meet with such board
shall have equal rights and duties with the nonlegislative members to
vote and act upon matters pending before such board concerning this
section or any other section of the Constitution or legislative act
authorizing the allocation of funds to school districts for purposes
the same or substantially the same as those enumerated in this
section.
The Legislature shall require each district receiving an
allocation of money from the sale of bonds pursuant to this section
for the purposes prescribed in subdivision (a) of this section to
repay such money to the state on such terms and in such amounts as
may be within the ability of the district to repay.
The Legislature may require each district receiving an allocation
of money from the sale of bonds pursuant to this section for the
purposes prescribed in subdivision (b) of this section to repay such
money to the state on such terms and in such amounts as the
Legislature deems proper.
The people of the State of California in adopting this section
hereby declare that it is in the interests of the state and of the
people thereof for the state to aid school districts of the state in
providing necessary school sites and buildings for the pupils of the
public school system, such system being a matter of general concern
inasmuch as the education of the children of the state is an
obligation and function of the state.
SEC. 22. Section 1275.5 of the Health and Safety Code is amended
to read:
1275.5. (a) The regulations relating to the licensing of
hospitals, heretofore previously
adopted by the State Department of Public Health pursuant
to Chapter 2 (commencing with Section 1400) of Division 2, and in
effect immediately prior to July 1, 1973, shall remain in effect and
shall be fully enforceable with respect to any hospital required to
be licensed by this chapter, unless and until the regulations are
readopted, amended, or repealed by the director.
(b) The regulations relating to private institutions receiving or
caring for any mentally disordered persons, mentally
retarded persons persons with intellectual
disabilities , and other incompetent persons,
heretofore previously adopted by the Department
of Mental Hygiene pursuant to Chapter 1 (commencing with Section
7000) of Division 7 of the Welfare and Institutions Code, and in
effect immediately prior to July 1, 1973, shall remain in effect and
shall be fully enforceable with respect to any facility,
establishment, or institution for the reception and care of mentally
disordered persons, mentally retarded persons
with intellectual disabilities, and other incompetent persons,
required to be licensed by the provisions of this chapter unless and
until said regulations are readopted, amended, or repealed by the
director.
(c) All regulations relating to the licensing of psychiatric
health facilities heretofore previously
adopted by the State Department of Health Services, pursuant to
authority now vested in the State Department of Mental Health by
Section 5652.5 of the Welfare and Institutions Code, and in effect
immediately preceding September 20, 1988, shall remain in effect and
shall be fully enforceable by the State Department of Mental Health
with respect to any facility or program required to be licensed as a
psychiatric health facility, unless and until readopted, amended, or
repealed by the Director of Mental Health.
SEC. 23. Section 13113 of the Health and Safety Code is amended to
read:
13113. (a) Except as otherwise provided in this section, no
person, firm, or corporation shall establish, maintain, or operate
any hospital, children's home, children's nursery, or institution,
home or institution for the care of aged or senile persons,
sanitarium or institution for insane or mentally retarded
persons with intellectual disabilities , or
nursing or convalescent home, wherein more than six guests or
patients are housed or cared for on a 24-hour-per-day basis unless
there is installed and maintained in an operable condition in every
building, or portion thereof where patients or guests are housed, an
automatic sprinkler system approved by the State Fire Marshal.
(b) This section does not apply to homes or institutions for the
24-hour-per-day care of ambulatory children if all of the following
conditions are satisfied:
(1) The buildings, or portions thereof in which children are
housed, are not more than two stories in height and are constructed
and maintained in accordance with regulations adopted by the State
Fire Marshal pursuant to Section 13143 and building standards
published in the California Building Standards Code.
(2) The buildings, or portions thereof housing more than six
children, shall have installed and maintained in an operable
condition therein a fire alarm system of a type approved by the State
Fire Marshal. The system shall be activated by detectors responding
to invisible products of combustion other than heat.
(3) The buildings or portions thereof do not house mentally ill
or mentally retarded children or children
with intellectual disabilities .
(c) This section does not apply to any one-story building or
structure of an institution or home for the care of the aged
providing 24-hour-per-day care if the building or structure is used
or intended to be used for the housing of no more than six ambulatory
aged persons. However, the buildings or institutions shall have
installed and maintained in an operable condition therein a fire
alarm system of a type approved by the State Fire Marshal. The system
shall be activated by detectors responding to products of combustion
other than heat.
(d) This section does not apply to occupancies, or any alterations
thereto, located in type I construction, as defined by the State
Fire Marshal, under construction or in existence on March 4, 1972.
(e) "Under construction," as used in this section, means that
actual work shall have been performed on the construction site and
shall not be construed to mean that the hospital, home, nursery,
institution, sanitarium, or any portion thereof, is in the planning
stage.
SEC. 24. Section 123935 of the Health and Safety Code is amended
to read:
123935. A handicapped child shall not be denied services pursuant
to this article because he or she is mentally retarded
has an intellectual disability .
SEC. 25. Section 127260 of the Health and Safety Code is amended
to read:
127260. The Advisory Health Council, upon review of a decision of
the department, shall do one of the following:
(a) Enter an order affirming the decision of the department where
it finds as to the respective basis of review that:
(1) The application was processed and the hearing conducted was
consistent with this chapter, or that any inconsistency with respect
thereto was immaterial to the decision of the department.
(2) There is substantial evidence in the record supporting the
department's decision.
(3) The department has not acted in an arbitrary and capricious
manner.
(b) Enter an order remanding the decision of the department where
it finds as to the respective basis of review that:
(1) The application was not processed or the hearing conducted was
not consistent with this chapter, and this inconsistency was
material to the decision rendered by the department.
(2) There is no substantial evidence in the record supporting the
decision.
(3) The department has acted in an arbitrary or capricious manner.
(c) Enter an order reversing the decision of the department where
it finds as to the respective basis of review that:
(1) The application was not processed or the hearing conducted was
not consistent with the provisions of this chapter, and this
inconsistency was material to the decision rendered by the
department.
(2) There is no substantial evidence in the record supporting the
decision.
(3) The department has acted in an arbitrary or capricious manner.
Orders of the council authorized by this section shall be made
only upon the affirmative vote of a majority of the council, with at
least six of the affirmative votes cast by the following members:
(a)
(A) Representative of consumers of services for
the mentally retarded people with
intellectual disabilities appointed by the Governor.
(b)
(B) Representative of consumers of mental health
services appointed by the Governor.
(c)
(C) Representative of local government appointed by the
Governor.
(d)
(D) Representatives of the general consumer public
appointed by the Governor, Senate Committee on Rules, or Speaker of
the Assembly.
(e)
(E) Members of the Legislature appointed by the Senate
Committee on Rules or Speaker of the Assembly.
SEC. 26. Section 129395 of the Health and Safety Code is amended
to read:
129395. "Hospital" includes hospitals for the chronically ill and
impaired, public health centers, community mental health centers,
facilities for the mentally retarded people
with intellectual disabilities , and general, tuberculosis,
mental and other types of hospitals and related facilities, such as
laboratories, outpatient departments, nurses' home and training
facilities, and central service facilities operated in connection
with hospitals, diagnostic or treatment centers, nursing homes, and
rehabilitation facilities, but except for facilities for the
mentally retarded people with intellectual
disabilities does not include any institution furnishing
primarily domiciliary care.
SEC. 27. Section 1370.1 of the Penal Code is amended to read:
1370.1. (a) (1) (A) If the defendant is found mentally competent,
the criminal process shall resume, the trial on the offense charged
shall proceed, and judgment may be pronounced.
(B) If the defendant is found mentally incompetent and is
developmentally disabled, the trial or judgment shall be suspended
until the defendant becomes mentally competent.
(i) Except as provided in clause (ii) or (iii), the court shall
consider a recommendation for placement, which recommendation shall
be made to the court by the director of a regional center or
designee. In the meantime, the court shall order that the mentally
incompetent defendant be delivered by the sheriff or other person
designated by the court to a state hospital or developmental center
for the care and treatment of the developmentally disabled or any
other available residential facility approved by the director of a
regional center for the developmentally disabled established under
Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code as will promote the defendant's speedy attainment
of mental competence, or be placed on outpatient status pursuant to
the provisions of Section 1370.4 and Title 15 (commencing with
Section 1600) of Part 2.
(ii) However, if the action against the defendant who has been
found mentally incompetent is on a complaint charging a felony
offense specified in Section 290, the prosecutor shall determine
whether the defendant previously has been found mentally incompetent
to stand trial pursuant to this chapter on a charge of a Section 290
offense, or whether the defendant is currently the subject of a
pending Section 1368 proceeding arising out of a charge of a Section
290 offense. If either determination is made, the prosecutor shall so
notify the court and defendant in writing. After this notification,
and opportunity for hearing, the court shall order that the defendant
be delivered by the sheriff to a state hospital or other secure
treatment facility for the care and treatment of the developmentally
disabled unless the court makes specific findings on the record that
an alternative placement would provide more appropriate treatment for
the defendant and would not pose a danger to the health and safety
of others.
(iii) If the action against the defendant who has been found
mentally incompetent is on a complaint charging a felony offense
specified in Section 290 and the defendant has been denied bail
pursuant to subdivision (b) of Section 12 of Article I of the
California Constitution because the court has found, based upon clear
and convincing evidence, a substantial likelihood that the person's
release would result in great bodily harm to others, the court shall
order that the defendant be delivered by the sheriff to a state
hospital for the care and treatment of the developmentally disabled
unless the court makes specific findings on the record that an
alternative placement would provide more appropriate treatment for
the defendant and would not pose a danger to the health and safety of
others.
(iv) The clerk of the court shall notify the Department of Justice
in writing of any finding of mental incompetence with respect to a
defendant who is subject to clause (ii) or (iii) for inclusion in his
or her state summary criminal history information.
(C) Upon becoming competent, the court shall order that the
defendant be returned to the committing court pursuant to the
procedures set forth in paragraph (2) of subdivision (a) of Section
1372 or by another person designated by the court. The court shall
further determine conditions under which the person may be absent
from the placement for medical treatment, social visits, and other
similar activities. Required levels of supervision and security for
these activities shall be specified.
(D) The court shall transmit a copy of its order to the regional
center director or designee and to the Director of Developmental
Services.
(E) A defendant charged with a violent felony may not be placed in
a facility or delivered to a state hospital, developmental center,
or residential facility pursuant to this subdivision unless the
facility, state hospital, developmental center, or residential
facility has a secured perimeter or a locked and controlled treatment
facility, and the judge determines that the public safety will be
protected.
(F) For purposes of this paragraph, "violent felony" means an
offense specified in subdivision (c) of Section 667.5.
(G) A defendant charged with a violent felony may be placed on
outpatient status, as specified in Section 1370.4 or 1600, only if
the court finds that the placement will not pose a danger to the
health or safety of others.
(H) As used in this section, "developmental disability" means a
disability that originates before an individual attains age
18 years of age , continues, or can be expected
to continue, indefinitely and constitutes a substantial handicap for
the individual, and shall not include other handicapping conditions
that are solely physical in nature. As defined by the Director of
Developmental Services, in consultation with the Superintendent of
Public Instruction, this term shall include mental
retardation intellectual disability , cerebral
palsy, epilepsy, and autism. This term shall also include
handicapping conditions found to be closely related to
mental retardation intellectual disability or to
require treatment similar to that required for mentally
retarded individuals with an intellectual disability
, but shall not include other handicapping conditions that are
solely physical in nature.
(2) Prior to making the order directing the defendant be confined
in a state hospital, developmental center, or other residential
facility or be placed on outpatient status, the court shall order the
regional center director or designee to evaluate the defendant and
to submit to the court within 15 judicial days of the order a written
recommendation as to whether the defendant should be committed to a
state hospital or developmental center or to any other available
residential facility approved by the regional center director. No
person shall be admitted to a state hospital, developmental center,
or other residential facility or accepted for outpatient status under
Section 1370.4 without having been evaluated by the regional center
director or designee.
(3) When the court orders that the defendant be confined in a
state hospital or other secure treatment facility pursuant to clause
(ii) or (iii) of subparagraph (B) of paragraph (1), the court shall
provide copies of the following documents which shall be taken with
the defendant to the state hospital or other secure treatment
facility where the defendant is to be confined:
(A) State summary criminal history information.
(B) Any arrest reports prepared by the police department or other
law enforcement agency.
(C) Records of any a finding of
mental incompetence pursuant to this chapter arising out of a
complaint charging a felony offense specified in Section 290 or
any a pending Section 1368 proceeding
arising out of a charge of a Section 290 offense.
(4) When the defendant is committed to a residential facility
pursuant to clause (i) of subparagraph (B) of paragraph (1) or the
court makes the findings specified in clause (ii) or (iii) of
subparagraph (B) of paragraph (1) to assign the defendant to a
facility other than a state hospital or other secure treatment
facility, the court shall order that notice be given to the
appropriate law enforcement agency or agencies having local
jurisdiction at the site of the placement facility of any
a finding of mental incompetence pursuant to
this chapter arising out of a charge of a Section 290 offense.
(5) (A) If the defendant is committed or transferred to a state
hospital or developmental center pursuant to this section, the court
may, upon receiving the written recommendation of the executive
director of the state hospital or developmental center and the
regional center director that the defendant be transferred to a
residential facility approved by the regional center director, order
the defendant transferred to that facility. If the defendant is
committed or transferred to a residential facility approved by the
regional center director, the court may, upon receiving the written
recommendation of the regional center director, transfer the
defendant to a state hospital or developmental center or to another
residential facility approved by the regional center director.
In the event of dismissal of the criminal charges before the
defendant recovers competence, the person shall be subject to the
applicable provisions of the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code) or to commitment or detention pursuant to a
petition filed pursuant to Section 6502 of the Welfare and
Institutions Code.
The defendant or prosecuting attorney may contest either kind of
order of transfer by filing a petition with the court for a hearing,
which shall be held if the court determines that sufficient grounds
exist. At the hearing , the prosecuting attorney or the
defendant may present evidence bearing on the order of transfer. The
court shall use the same standards as used in conducting probation
revocation hearings pursuant to Section 1203.2.
Prior to making an order for transfer under this section, the
court shall notify the defendant, the attorney of record for the
defendant, the prosecuting attorney, and the regional center director
or designee.
(B) If the defendant is committed to a state hospital or secure
treatment facility pursuant to clause (ii) or (iii) of subparagraph
(B) of paragraph (1) and is subsequently transferred to any
other another facility, copies of the documents
specified in paragraph (3) shall be taken with the defendant to the
new facility. The transferring facility shall also notify the
appropriate law enforcement agency or agencies having local
jurisdiction at the site of the new facility that the defendant is a
person subject to clause (ii) or (iii) of subparagraph (B) of
paragraph (1).
(b) (1) Within 90 days of admission of a person committed pursuant
to subdivision (a), the executive director or designee of the state
hospital, developmental center, or other facility to which the
defendant is committed , or the outpatient supervisor
where the defendant is placed on outpatient status , shall
make a written report to the committing court and the regional
center director or a designee concerning the defendant's progress
toward becoming mentally competent. If the defendant has not become
mentally competent, but the report discloses a substantial likelihood
the defendant will become mentally competent within the next 90
days, the court may order that the defendant shall remain in the
state hospital, developmental center, or other facility or on
outpatient status for that period of time. Within 150 days of an
admission made pursuant to subdivision (a) or if the defendant
becomes mentally competent, the executive director or designee of the
hospital or developmental center or person in charge of the facility
or the outpatient supervisor shall report to the court and the
regional center director or his or her designee regarding the
defendant's progress toward becoming mentally competent. The court
shall provide to the prosecutor and defense counsel copies of all
reports under this section. If the report indicates that there is no
substantial likelihood that the defendant has become mentally
competent, the committing court shall order the defendant to be
returned to the court for proceedings pursuant to paragraph (2) of
subdivision (c). The court shall transmit a copy of its order to the
regional center director or designee and to the executive director of
the developmental center.
(2) Any A defendant who has been
committed or has been on outpatient status for 18 months, and is
still hospitalized or on outpatient status shall be returned to the
committing court where a hearing shall be held pursuant to the
procedures set forth in Section 1369. The court shall transmit a copy
of its order to the regional center director or designee and the
executive director of the developmental center.
(3) If it is determined by the court that no treatment for the
defendant's mental impairment is being conducted, the defendant shall
be returned to the committing court. A copy of this order shall be
sent to the regional center director or designee and to the executive
director of the developmental center.
(4) At each review by the court specified in this subdivision, the
court shall determine if the security level of housing and treatment
is appropriate and may make an order in accordance with its
determination.
(c) (1) (A) At the end of three years from the date of commitment
or a period of commitment equal to the maximum term of imprisonment
provided by law for the most serious offense charged in the
information, indictment, or misdemeanor complaint, whichever is
shorter, any defendant who has not become mentally competent shall be
returned to the committing court.
(B) The court shall notify the regional center director or
designee and the executive director of the developmental center of
that return and of any resulting court orders.
(2) In the event of dismissal of the criminal charges before the
defendant becomes mentally competent, the defendant shall be subject
to the applicable provisions of the Lanterman-Petris-Short Act (Part
1 (commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code), or to commitment and detention pursuant to a
petition filed pursuant to Section 6502 of the Welfare and
Institutions Code. If it is found that the person is not subject to
commitment or detention pursuant to the applicable provision of the
Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of
Division 5 of the Welfare and Institutions Code) or to commitment or
detention pursuant to a petition filed pursuant to Section 6502 of
the Welfare and Institutions Code, the individual shall not be
subject to further confinement pursuant to this article and the
criminal action remains subject to dismissal pursuant to Section
1385. The court shall notify the regional center director and the
executive director of the developmental center of any dismissal.
(d) Notwithstanding any other provision of this section, the
criminal action remains subject to dismissal pursuant to Section
1385. If at any time prior to the maximum period of time allowed for
proceedings under this article, the regional center director
concludes that the behavior of the defendant related to the defendant'
s criminal offense has been eliminated during time spent in
court-ordered programs, the court may, upon recommendation of the
regional center director, dismiss the criminal charges. The court
shall transmit a copy of any order of dismissal to the regional
center director and to the executive director of the developmental
center.
(e) For the purpose of this section, "secure treatment facility"
shall not include, except for state mental hospitals, state
developmental centers, and correctional treatment facilities, any
facility licensed pursuant to Chapter 2 (commencing with Section
1250) of, Chapter 3 (commencing with Section 1500) of, or Chapter 3.2
(commencing with Section 1569) of, Division 2 of the Health and
Safety Code, or any community board and care facility.
SEC. 28. Section 1376 of the Penal Code is amended to read:
1376. (a) As used in this section, "mentally retarded"
"intellectually disabled " means the
condition of significantly subaverage general intellectual
functioning existing concurrently with deficits in adaptive behavior
and manifested before the age of 18 years of
age .
(b) (1) In any case in which the prosecution seeks the death
penalty, the defendant may, at a reasonable time prior to the
commencement of trial, apply for an order directing that a
mental retardation hearing to determine intellectual
disability be conducted. Upon the submission of a declaration
by a qualified expert stating his or her opinion that the defendant
is mentally retarded intellectually disabled
, the court shall order a hearing to determine whether the
defendant is mentally retarded intellectually
disabled . At the request of the defendant, the court shall
conduct the hearing without a jury prior to the commencement of the
trial. The defendant's request for a court hearing prior to trial
shall constitute a waiver of a jury hearing on the issue of
mental retardation intellectual disability . If
the defendant does not request a court hearing, the court shall order
a jury hearing to determine if the defendant is mentally
retarded intellectually disabled . The jury
hearing on mental retardation intellectual
disability shall occur at the conclusion of the phase of the
trial in which the jury has found the defendant guilty with a finding
that one or more of the special circumstances enumerated in Section
190.2 are true. Except as provided in paragraph (3), the same jury
shall make a finding that the defendant is mentally retarded
intellectually disabled , or that the defendant
is not mentally retarded intellectually
disabled .
(2) For the purposes of the procedures set forth in this section,
the court or jury shall decide only the question of the defendant's
mental retardation intellectual disability
. The defendant shall present evidence in support of the claim
that he or she is mentally retarded
intellectually disabled . The prosecution shall present its
case regarding the issue of whether the defendant is
mentally retarded intellectually disabled . Each
party may offer rebuttal evidence. The court, for good cause in
furtherance of justice, may permit either party to reopen its case to
present evidence in support of or opposition to the claim of
retardation intellectual disability .
Nothing in this section shall prohibit the court from making orders
reasonably necessary to ensure the production of evidence sufficient
to determine whether or not the defendant is mentally
retarded intellectually disabled , including,
but not limited to, the appointment of, and examination of the
defendant by, qualified experts. No statement made by the defendant
during an examination ordered by the court shall be admissible in the
trial on the defendant's guilt.
(3) At the close of evidence, the prosecution shall make its final
argument, and the defendant shall conclude with his or her final
argument. The burden of proof shall be on the defense to prove by a
preponderance of the evidence that the defendant is mentally
retarded intellectually disabled . The jury
shall return a verdict that either the defendant is mentally
retarded intellectually disabled or the
defendant is not mentally retarded
intellectually disabled . The verdict of the jury shall be
unanimous. In any case in which the jury has been unable to reach a
unanimous verdict that the defendant is mentally retarded
intellectually disabled , and does not reach a
unanimous verdict that the defendant is not mentally
retarded intellectually disabled , the court
shall dismiss the jury and order a new jury impaneled to try the
issue of mental retardation intellectual
disability . The issue of guilt shall not be tried by the new
jury.
(c) In the event the hearing is conducted before the court prior
to the commencement of the trial, the following shall apply:
(1) If the court finds that the defendant is mentally
retarded intellectually disabled , the court
shall preclude the death penalty and the criminal trial thereafter
shall proceed as in any other case in which a sentence of death is
not sought by the prosecution. If the defendant is found guilty of
murder in the first degree, with a finding that one or more of the
special circumstances enumerated in Section 190.2 are true, the court
shall sentence the defendant to confinement in the state prison for
life without the possibility of parole. The jury shall not be
informed of the prior proceedings or the findings concerning the
defendant's claim of mental retardation
intellectual disability .
(2) If the court finds that the defendant is not mentally
retarded intellectually disabled , the trial
court shall proceed as in any other case in which a sentence of death
is sought by the prosecution. The jury shall not be informed of the
prior proceedings or the findings concerning the defendant's claim of
mental retardation intellectual disability
.
(d) In the event the hearing is conducted before the jury after
the defendant is found guilty with a finding that one or more of the
special circumstances enumerated in Section 190.2 are true, the
following shall apply:
(1) If the jury finds that the defendant is mentally
retarded intellectually disabled , the court
shall preclude the death penalty and shall sentence the defendant to
confinement in the state prison for life without the possibility of
parole.
(2) If the jury finds that the defendant is not mentally
retarded intellectually disabled , the trial
shall proceed as in any other case in which a sentence of death is
sought by the prosecution.
(e) In any case in which the defendant has not requested a court
hearing as provided in subdivision (b), and has entered a plea of not
guilty by reason of insanity under Sections 190.4 and 1026, the
hearing on mental retardation intellectual
disability shall occur at the conclusion of the sanity trial if
the defendant is found sane.
SEC. 29. Section 1420 of the Probate Code is amended to read:
1420. "Developmental disability" means a disability
which that originates before an individual
attains age 18 years of age ,
continues, or can be expected to continue, indefinitely, and
constitutes a substantial handicap for such
the individual. As defined by the Director of Developmental
Services, in consultation with the Superintendent of Public
Instruction, this term includes mental retardation
intellectual disability , cerebral palsy, epilepsy, and
autism. This term also includes handicapping conditions found to be
closely related to mental retardation
intellectual disability or to require treatment similar to that
required for mentally retarded individuals
with an intellectual disability , but does not include other
handicapping conditions that are solely physical in nature.
SEC. 30. Section 25276 of the Vehicle Code is amended to read:
25276. (a) A motor vehicle designed for carrying more than eight
persons, including the driver, owned by a private, nonprofit
organization that provides training or other activities for persons
who are mentally retarded or physically disabled
have intellectual or physical disabilities , or both, and
that is certified by the Department of Rehabilitation or licensed by
the State Department of Health Developmental
Services , with respect to the providing of this training or
other activities, may be equipped with a flashing amber light signal
system.
(b) A motor vehicle, described in subdivision (a), may, while
actually engaged in the transportation of persons described in
subdivision (a) to or from a training or activity center operated by
the organization, display the flashing amber lights of the system
when necessarily parked upon a highway and in the process of loading
or unloading persons.
(c) Subdivisions (a) and (b) apply to a motor vehicle that is
rented, leased, or chartered by the organization.
SEC. 31. Section 4426 of the Welfare and Institutions Code is
amended to read:
4426. The department may inquire into the manner in which
any mentally retarded a person
with an intellectual disability who is subject to commitment,
not confined in a state hospital, is cared for and maintained. If, in
its judgment, any such the person is
not properly and suitably cared for, it the
department may apply to a judge of the superior court for an
order to commit him or her to a state hospital under the
provisions of this code. Such This
order shall not be made unless the judge finds, and certifies in the
order, that such the person is not
properly or suitably cared for by his or her relatives
or , legal guardian ,
or conservator, or that it is dangerous to the public to allow
him or her to be cared for and maintained by such
the relatives or ,
legal guardian , or conservator.
SEC. 32. Section 4801 of the Welfare and Institutions Code is
amended to read:
4801. (a) Judicial review shall be in the superior court for the
county in which the state hospital, developmental center, community
care facility, or health facility is located, except that, if the
adult has been found incompetent to stand trial and has been
committed pursuant to Chapter 6 (commencing with Section 1367) of
Title 10 of Part 2 of the Penal Code, judicial review shall be in the
superior court of the county that determined the question of the
mental competence of the defendant. The adult requesting to be
released shall be informed of his or her right to counsel by a member
of the staff of the state hospital, developmental center, community
care facility, or health facility and by the court; and if he or she
does not have an attorney for the proceedings, the court shall
immediately appoint the public defender or other attorney to assist
him or her in the preparation of a petition for the writ of habeas
corpus and to represent him or her in the proceedings. The person
shall pay the costs of those legal services if he or she is able.
(b) At the time the petition for the writ of habeas corpus is
filed with the court, the clerk of the court shall transmit a copy of
the petition, together with notification as to the time and place of
any evidentiary hearing in the matter, to the parent or conservator
of the person seeking release or for whom release is sought and to
the director of the appropriate regional center. Notice shall also be
provided to the director of the appropriate developmental center if
the person seeking release or for whom release is sought resides in a
developmental center. The notice shall be sent by registered or
certified mail with proper postage prepaid, addressed to the
addressee's last known address, and with a return receipt requested.
(c) The court shall either release the adult or order an
evidentiary hearing to be held not sooner than five judicial days nor
more than 10 judicial days after the petition and notice to the
adult's parent or conservator and to the director of the appropriate
regional center and developmental center are deposited in the United
States mail pursuant to this section.
(1) Except as provided in paragraph (2), if the court finds (A)
that the adult requesting release or for whom release is requested is
not developmentally disabled, or (B) that he or she is
developmentally disabled and that he or she is able to provide safely
for his or her basic personal needs for food, shelter, and clothing,
he or she shall be released within 72 hours. If the court finds that
he or she is developmentally disabled and that he or she is unable
to provide safely for his or her basic personal needs for food,
shelter, or clothing, but that a responsible person or a regional
center or other public or private agency is willing and able to
provide therefor, the court shall release the developmentally
disabled adult to the responsible person or regional center or other
public or private agency, as the case may be, subject to any
conditions that the court deems proper for the welfare of the
developmentally disabled adult and that are consistent with the
purposes of this division.
(2) If the person is charged with a violent felony and has been
committed to his or her current placement pursuant to Section 1370.1
of the Penal Code or Section 6500, and the court finds (A) that the
adult requesting release or for whom release is requested is not
developmentally disabled or mentally retarded
intellectually disabled , or (B) that he or she is able to
provide safely for his or her basic personal needs for food, shelter,
and clothing, the court shall, before releasing the person,
determine that the release will not pose a danger to the health or
safety of others due to the person's known behavior. If the court
finds there is no danger pursuant to the finding required by
subparagraph (D) of paragraph (1) of subdivision (a) of Section
1370.1 of the Penal Code, the person shall be released within 72
hours. If the person's release poses a danger to the health or safety
of others, the court may grant or deny the request, taking into
account the danger to the health or safety of others posed by the
person. If the court finds that release of the person can be made
subject to conditions that the court deems proper for the
preservation of public health and safety and the welfare of the
person, the person shall be released subject to those conditions.
(d) If in any proceeding under this section, the court finds that
the adult is developmentally disabled and has no parent or
conservator, and is in need of a conservator, the court shall order
the appropriate regional center or the state department to initiate,
or cause to be initiated, proceedings for the appointment of a
conservator for the developmentally disabled adult.
(e) This section shall become operative January 1, 1988.
SEC. 33. Section 5002 of the Welfare and Institutions Code is
amended to read:
5002. Mentally disordered persons and persons impaired by chronic
alcoholism may no longer be judicially committed.
Mentally disordered persons shall receive services pursuant to
this part. Persons impaired by chronic alcoholism may receive
services pursuant to this part if they elect to do so pursuant to
Article 3 (commencing with Section 5225) of Chapter 2 of
this part .
Epileptics may no longer be judicially committed.
This part shall not be construed to repeal or modify laws relating
to the commitment of mentally disordered sex offenders,
mentally retarded persons with an intellectual
disability , and mentally disordered criminal offenders, except
as specifically provided in Penal Code Section 4011.6, or as
specifically provided in other statutes.
SEC. 34. Section 5008 of the Welfare and Institutions Code is
amended to read:
5008. Unless the context otherwise requires, the following
definitions shall govern the construction of this part:
(a) "Evaluation" consists of multidisciplinary professional
analyses of a person's medical, psychological, educational, social,
financial, and legal conditions as that
may appear to constitute a problem. Persons
A person providing evaluation services shall be a
properly qualified professionals professional
and may be a full-time employees
employee of an agency providing evaluation services
or , may be a part-time
employees employee, or may be employed
on a contractual basis.
(b) "Court-ordered evaluation" means an evaluation ordered by a
superior court pursuant to Article 2 (commencing with Section 5200)
or by a court pursuant to Article 3 (commencing with Section 5225) of
Chapter 2.
(c) "Intensive treatment" consists of such
hospital and other services as that may
be indicated. Intensive treatment shall be provided by properly
qualified professionals and carried out in facilities qualifying for
reimbursement under the California Medical Assistance Program
(Medi-Cal) set forth in Chapter 7 (commencing with Section 14000) of
Part 3 of Division 9, or under Title XVIII of the federal Social
Security Act and regulations thereunder. Intensive treatment may be
provided in hospitals of the United States government by properly
qualified professionals. Nothing in this part shall be construed to
prohibit an intensive treatment facility from also providing 72-hour
treatment and evaluation.
(d) "Referral" is referral of persons by each agency or facility
providing intensive treatment or evaluation services to other
agencies or individuals. The purpose of referral shall be to provide
for continuity of care, and may include, but need not be limited to,
informing the person of available services, making appointments on
the person's behalf, discussing the person's problem with the agency
or individual to which the person has been referred, appraising the
outcome of referrals, and arranging for personal escort and
transportation when necessary. Referral shall be considered complete
when the agency or individual to whom the person has been referred
accepts responsibility for providing the necessary services. All
persons shall be advised of available precare services which prevent
initial recourse to hospital treatment or aftercare services
which that support adjustment to community
living following hospital treatment. These services may be provided
through county welfare departments, State Department of Mental
Health, Short-Doyle programs , or other local agencies.
Each agency or facility providing evaluation services shall
maintain a current and comprehensive file of all community services,
both public and private. These files shall contain current agreements
with agencies or individuals accepting referrals, as well as
appraisals of the results of past referrals.
(e) "Crisis intervention" consists of an interview or series of
interviews within a brief period of time, conducted by qualified
professionals, and designed to alleviate personal or family
situations which that present a serious
and imminent threat to the health or stability of the person
or the family. The interview or
interviews may be conducted in the home of the person or family, or
on an inpatient or outpatient basis with such
the therapy, or other services, as may be appropriate. Crisis
intervention may, as appropriate, include suicide prevention,
psychiatric, welfare, psychological, legal, or other social services.
(f) "Prepetition screening" is a screening of all petitions for
court-ordered evaluation as provided in Article 2 (commencing with
Section 5200) of Chapter 2, consisting of a professional review of
all petitions; an interview with the petitioner and, whenever
possible, the person alleged, as a result of mental disorder, to be a
danger to others, or to himself or herself, or to be gravely
disabled, to assess the problem and explain the petition; when
indicated, efforts to persuade the person to receive, on a voluntary
basis, comprehensive evaluation, crisis intervention, referral, and
other services specified in this part.
(g) "Conservatorship investigation" means investigation by an
agency appointed or designated by the governing body of cases in
which conservatorship is recommended pursuant to Chapter 3
(commencing with Section 5350).
(h) (1) For purposes of Article 1 (commencing with Section 5150),
Article 2 (commencing with Section 5200), and Article 4 (commencing
with Section 5250) of Chapter 2, and for the purposes of Chapter 3
(commencing with Section 5350), "gravely disabled" means either of
the following:
(A) A condition in which a person, as a result of a mental
disorder, is unable to provide for his or her basic personal needs
for food, clothing, or shelter.
(B) A condition in which a person, has been found mentally
incompetent under Section 1370 of the Penal Code and all of the
following facts exist:
(i) The indictment or information pending against the defendant at
the time of commitment charges a felony involving death, great
bodily harm, or a serious threat to the physical well-being of
another person.
(ii) The indictment or information has not been dismissed.
(iii) As a result of mental disorder, the person is unable to
understand the nature and purpose of the proceedings taken against
him or her and to assist counsel in the conduct of his or her defense
in a rational manner.
(2) For purposes of Article 3 (commencing with Section 5225) and
Article 4 (commencing with Section 5250), of Chapter 2, and for the
purposes of Chapter 3 (commencing with Section 5350), "gravely
disabled" means a condition in which a person, as a result of
impairment by chronic alcoholism, is unable to provide for his or her
basic personal needs for food, clothing, or shelter.
(3) The term "gravely disabled" does not include mentally
retarded persons with intellectual disabilities
by reason of being mentally retarded having
an intellectual disability alone.
(i) "Peace officer" means a duly sworn peace officer as that term
is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 of the Penal Code who has completed the basic training course
established by the Commission on Peace Officer Standards and
Training, or any parole officer or probation officer specified in
Section 830.5 of the Penal Code when acting in relation to cases for
which he or she has a legally mandated responsibility.
(j) "Postcertification treatment" means an additional period of
treatment pursuant to Article 6 (commencing with Section 5300) of
Chapter 2.
(k) "Court," unless otherwise specified, means a court of record.
( l ) "Antipsychotic medication" means any medication
customarily prescribed for the treatment of symptoms of psychoses and
other severe mental and emotional disorders.
(m) "Emergency" means a situation in which action to impose
treatment over the person's objection is immediately necessary for
the preservation of life or the prevention of serious bodily harm to
the patient or others, and it is impracticable to first gain consent.
It is not necessary for harm to take place or become unavoidable
prior to treatment.
SEC. 35. Section 5325 of the Welfare and Institutions Code is
amended to read:
5325. Each person involuntarily detained for evaluation or
treatment under provisions of this part, each person admitted as a
voluntary patient for psychiatric evaluation or treatment to any
health facility, as defined in Section 1250 of the Health and Safety
Code, in which psychiatric evaluation or treatment is offered, and
each mentally retarded person with an
intellectual disability committed to a state hospital pursuant
to Article 5 (commencing with Section 6500) of Chapter 2 of Part 2 of
Division 6 shall have the following rights, a list of which shall be
prominently posted in the predominant languages of the community and
explained in a language or modality accessible to the patient in all
facilities providing such services and otherwise brought to his or
her attention by such additional means as
that the Director of Mental Health may
designate by regulation:
(a) To wear his or her own clothes; to keep and use his or her own
personal possessions including his or her toilet articles; and to
keep and be allowed to spend a reasonable sum of his or her own money
for canteen expenses and small purchases.
(b) To have access to individual storage space for his or her
private use.
(c) To see visitors each day.
(d) To have reasonable access to telephones, both to make and
receive confidential calls or to have such calls
made for them.
(e) To have ready access to letterwriting materials, including
stamps, and to mail and receive unopened correspondence.
(f) To refuse convulsive treatment including, but not limited to,
any electroconvulsive treatment, any treatment of the mental
condition which that depends on the
induction of a convulsion by any means, and insulin coma treatment.
(g) To refuse psychosurgery. Psychosurgery is defined as those
operations currently referred to as lobotomy, psychiatric surgery,
and behavioral surgery and all other forms of brain surgery if the
surgery is performed for the purpose of any of the following:
(1) Modification or control of thoughts, feelings, actions, or
behavior rather than the treatment of a known and diagnosed physical
disease of the brain.
(2) Modification of normal brain function or normal brain tissue
in order to control thoughts, feelings, actions, or behavior.
(3) Treatment of abnormal brain function or abnormal brain tissue
in order to modify thoughts, feelings, actions , or
behavior when the abnormality is not an established cause for those
thoughts, feelings, actions, or behavior.
Psychosurgery does not include prefrontal sonic treatment wherein
there is no destruction of brain tissue. The Director of Mental
Health shall promulgate appropriate regulations to assure adequate
protection of patients' rights in such treatment.
(h) To see and receive the services of a patient advocate who has
no direct or indirect clinical or administrative responsibility for
the person receiving mental health services.
(i) Other rights, as specified by regulation.
Each patient shall also be given notification in a language or
modality accessible to the patient of other constitutional and
statutory rights which are found by the State Department of Mental
Health to be frequently misunderstood, ignored, or denied.
Upon admission to a facility each patient shall immediately be
given a copy of a State Department of Mental Health prepared patients'
rights handbook.
The State Department of Mental Health shall prepare and provide
the forms specified in this section and in Section 5157.
The rights specified in this section may not be waived by the
person's parent, guardian, or conservator.
SEC. 36. Section 6250 of the Welfare and Institutions Code is
amended to read:
6250. As used in this part, "persons subject to judicial
commitment" means persons who may be judicially committed under this
part as mentally disordered sex offenders pursuant to Article 1
(commencing with Section 6300) 6331) ,
sexually violent predators pursuant to Article 4 (commencing with
Section 6600), or mentally retarded persons
with intellectual disabilities pursuant to Article 2
(commencing with Section 6500) of Chapter 2 of this part
.
Nothing in this part shall be held to change or interfere with the
provisions of the Penal Code and other laws relating to mentally
disordered persons charged with crime or to the criminally insane.
This part shall be liberally construed so that, as far as possible
and consistent with the rights of persons subject to commitment,
those persons shall be treated, not as criminals, but as sick
persons.
SEC. 37. The heading of Article 2 (commencing with Section 6500)
of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions
Code is amended to read:
Article 2. Mentally Retarded Persons
with Intellectual Disabilities
SEC. 38. Section 6500 of the Welfare and Institutions Code, as
amended by Section 102 of Chapter 178 of the Statutes of 2010, is
amended to read:
6500. On and after July 1, 1971, no mentally retarded
person with an intellectual disability may be
committed to the State Department of Developmental Services pursuant
to this article, unless he or she is a danger to himself or herself,
or others. For the purposes of this article, dangerousness to self or
others shall be considered to include, but not be limited to, a
finding of incompetence to stand trial pursuant to the provisions of
Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the
Penal Code when the defendant has been charged with murder, mayhem,
aggravated mayhem, a violation of Section 207, 209, or 209.5 of the
Penal Code in which the victim suffers intentionally inflicted great
bodily injury, robbery perpetrated by torture or by a person armed
with a dangerous or deadly weapon or in which the victim suffers
great bodily injury, carjacking perpetrated by torture or by a person
armed with a dangerous or deadly weapon or in which the victim
suffers great bodily injury, a violation of subdivision (b) of
Section 451 of the Penal Code, a violation of paragraph (1) or (2) of
subdivision (a) of Section 262 or paragraph (2) or (3) of
subdivision (a) of Section 261 of the Penal Code, a violation of
Section 288 of the Penal Code, any of the following acts when
committed by force, violence, duress, menace, fear of immediate and
unlawful bodily injury on the victim or another person: a violation
of paragraph (1) or (2) of subdivision (a) of Section 262 of the
Penal Code, a violation of Section 264.1, 286, or 288a of the Penal
Code, or a violation of subdivision (a) of Section 289 of the Penal
Code; a violation of Section 459 of the Penal Code in the first
degree, assault with intent to commit murder, a violation of Section
220 of the Penal Code in which the victim suffers great bodily
injury, a violation of Section 18725, 18740, 18745, 18750, or 18755
of the Penal Code, or if the defendant has been charged with a felony
involving death, great bodily injury, or an act which poses a
serious threat of bodily harm to another person.
If the mentally retarded person with an
intellectual disability is in the care or treatment of a state
hospital, developmental center, or other facility at the time a
petition for commitment is filed pursuant to this article, proof of a
recent overt act while in the care and treatment of a state
hospital, developmental center, or other facility is not required in
order to find that the person is a danger to self or others.
Any order of commitment made pursuant to this article shall expire
automatically one year after the order of commitment is made. This
section shall not be construed to prohibit any party enumerated in
Section 6502 from filing subsequent petitions for additional periods
of commitment. In the event subsequent petitions are filed, the
procedures followed shall be the same as with an initial petition for
commitment.
In any proceedings conducted under the authority of this article,
the alleged mentally retarded person alleged
to have an intellectual disability shall be informed of his or
her right to counsel by the court, and if the person does not have an
attorney for the proceedings, the court shall immediately appoint
the public defender or other attorney to represent him or her. The
person shall pay the cost for the legal services if he or she is able
to do so. At any judicial proceeding under the provisions of this
article, allegations that a person is mentally retarded
has an intellectual disability and is
a danger to himself or herself or to others shall be presented by
the district attorney for the county unless the board of supervisors,
by ordinance or resolution, delegates this authority to the county
counsel.
SEC. 39. Section 6502 of the Welfare and Institutions Code is
amended to read:
6502. A petition for the commitment of a mentally
retarded person with an intellectual disability
to the State Department of Developmental Services who has been found
incompetent to stand trial pursuant to Chapter 6 (commencing with
Section 1367) of Title 10 of Part 2 of the Penal Code when the
defendant has been charged with one or more of the offenses
identified or described in Section 6500, may be filed in the superior
court of the county that determined the question of mental
competence of the defendant. All other petitions may be filed in the
county in which that person is physically present. The following
persons may request the person authorized to present allegations
pursuant to Section 6500 to file a petition for commitment:
(a) The parent, guardian, conservator, or other person charged
with the support of the mentally retarded person.
(b) The probation officer.
(c) The Youth Authority Division of
Juvenile Facilities, Department of Corrections and Rehabilitation
.
(d) Any person designated for that purpose by the judge of the
court.
(e) The Director of Corrections Secretary
of the Department of Corrections and Rehabilitation .
(f) The regional center director or his or her designee.
The request shall state the petitioner's reasons for supposing the
person to be eligible for admission thereto, and shall be verified
by affidavit.
SEC. 40. Section 6504 of the Welfare and Institutions Code is
amended to read:
6504. In all cases the court shall require due notice of the
hearing of the petition to be given to the alleged mentally
retarded person alleged to have an intellectual
disability . Whenever a petition is filed, the court shall
require such notice of the hearing of the petition
as it deems proper to be given to any a
parent, guardian, conservator, or other person charged with the
support of the person mentioned in the petition.
SEC. 41. Section 6504.5 of the Welfare and Institutions Code is
amended to read:
6504.5. Wherever a petition is filed pursuant to this article,
the court shall appoint the director of a regional center for the
developmentally disabled established under Division 4.5 of
this code (commencing with Section 4500) , or
the designee of the director, to examine the alleged
mentally retarded person alleged to have an
intellectual disability .
Within 15 judicial days after his or her appointment, the regional
center director or designee shall submit to the court in writing a
report containing his or her evaluation of the alleged
mentally retarded person alleged to have an
intellectual disability . The report shall contain a
recommendation of a facility or facilities in which the
alleged developmentally disabled person alleged to
have an intellectual disability may be placed.
The report shall include a description of the least restrictive
residential placement necessary to achieve the purposes of treatment.
In determining the least restrictive residential placement,
consideration shall be given to public safety. If placement into or
out of a developmental center is recommended, the regional center
director or designee simultaneously shall submit the report to the
executive director of the developmental center or his or her
designee. The executive director of the developmental center or his
or her designee may, within 15 days of receiving the regional center
report, submit to the court a written report evaluating the ability
of the developmental center to achieve the purposes of treatment for
this person and whether the developmental center placement can
adequately provide the security measures or systems required to
protect the public health and safety from the potential dangers posed
by the person's known behaviors.
The reports prepared by the regional center director and
developmental center director, if applicable, shall also address
suitable interim placements for the person as provided for in Section
6506.
SEC. 42. Section 6505 of the Welfare and Institutions Code is
amended to read:
6505. Whenever the court considers it necessary or advisable, it
may cause an order to issue for the apprehension and delivery to the
court of the alleged mentally retarded person
alleged to have an intellectual disability , and may have the
order executed by any a peace officer.
SEC. 43. Section 6506 of the Welfare and Institutions Code is
amended to read:
6506. Pending the hearing, the court may order that the alleged
dangerous mentally retarded intellectually
disabled person may be left in the charge of his or her parent,
guardian, conservator, or other suitable person, or placed in a
state hospital for the developmentally disabled, in the county
psychiatric hospital, or in any other suitable placement ,
as determined by the court. Prior to the issuance of an order under
this section, the regional center and developmental center, if
applicable, shall recommend to the court a suitable person or
facility to care for the alleged mentally retarded
person alleged to have an intellectual disability . The
determination of a suitable person or facility shall be the least
restrictive option that provides for the person's treatment needs and
that has existing security systems or measures in place to
adequately protect the public safety from any known dangers posed by
the person. In determining whether the public safety will be
adequately protected, the court shall make the finding required by
subparagraph (D) of paragraph (1) of subdivision (a) of Section
1370.1 of the Penal Code.
Pending the hearing, the court may order that the person receive
necessary habilitation, care, and treatment, including medical and
dental treatment.
Orders made pursuant to this section shall expire at the time set
for the hearing pursuant to Section 6503. If the court upon a showing
of good cause grants a continuance of the hearing on the matter, it
shall order that the person be detained pursuant to this section
until the hearing on the petition is held.
SEC. 44. Section 6507 of the Welfare and Institutions Code is
amended to read:
6507. The court shall inquire into the condition or status of the
alleged mentally retarded person alleged to
have an intellectual disability . For this purpose it may
, by subpoena , require the attendance before it of
a physician who has made a special study of mental
retardation intellectual disabilities and is
qualified as a medical examiner, and of a clinical psychologist, or
of two such physicians, or of two such psychologists, to examine the
person and testify concerning his or her mentality. The
court may also , by subpoena , require the
attendance of such other persons as it deems
advisable, to give evidence.
SEC. 45. Section 6508 of the Welfare and Institutions Code is
amended to read:
6508. Each psychologist and physician shall receive for each
attendance mentioned in Section 6507 the sum of five dollars ($5) for
each person examined, together with his or her necessary
actual expenses occasioned thereby, and other witnesses shall receive
for such attendance such fees and expenses as the
court in its discretion allows, if any, not exceeding the fees and
expenses allowed by law in other cases in the superior court.
Any fees or traveling expenses payable to a psychologist,
physician, or witness as provided in this section and all expenses
connected with the execution of any a
process under the provisions of this article, which are not paid by
the parent, guardian, conservator, or person charged with the support
of the supposed mentally retarded person
supposed to have an intellectual disability , shall be paid by
the county treasurer of the county in which the person resides, upon
the presentation to the treasurer of a certificate of the judge that
the claimant is entitled thereto.
SEC. 46. Section 6509 of the Welfare and Institutions Code is
amended to read:
6509. (a) If the court finds that the person is mentally
retarded has an intellectual disability , and
that he or she is a danger to himself, herself, or to others, the
court may make an order that the person be committed to the State
Department of Developmental Services for suitable treatment and
habilitation services. Suitable treatment and habilitation services
is defined as the least restrictive residential placement necessary
to achieve the purposes of treatment. Care and treatment of a person
committed to the State Department of Developmental Services may
include placement in any state hospital, developmental center, any
licensed community care facility, as defined in Section 1504, or any
health facility, as defined in Section 1250, or any other appropriate
placement permitted by law. The court shall hold a hearing as to the
available placement alternatives and consider the reports of the
regional center director or designee and the developmental center
director or designee submitted pursuant to Section 6504.5. After
hearing all the evidence, the court shall order that the person be
committed to that placement that the court finds to be the most
appropriate alternative. If the court finds that release of the
person can be made subject to conditions that the court deems proper
and adequate for the protection and safety of others and the welfare
of the person, the person shall be released subject to those
conditions.
The court, however, may commit a mentally retarded
person who has an intellectual disability who is
not a resident of this state under Section 4460 for the purpose of
transportation of the person to the state of his or her legal
residence pursuant to Section 4461. The State Department of
Developmental Services shall receive the person committed to it and
shall place the person in the placement ordered by the court.
(b) If the person has at any time been found mentally incompetent
pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of
Part 2 of the Penal Code arising out of a complaint charging a felony
offense specified in Section 290 of the Penal Code, the court shall
order the State Department of Developmental Services to give notice
of that finding to the designated placement facility and the
appropriate law enforcement agency or agencies having local
jurisdiction at the site of the placement facility.
(c) If the State Department of Developmental Services
decides that a change in placement is necessary, it shall notify in
writing the court of commitment, the district attorney, and the
attorney of record for the person and the regional center of its
decision at least 15 days in advance of the proposed change in
placement. The court may hold a hearing and (1) approve or disapprove
of the change, or (2) take no action in which case the change shall
be deemed approved. At the request of the district attorney or of the
attorney for the person, a hearing shall be held.
SEC. 47. Section 6511 of the Welfare and Institutions Code is
amended to read:
6511. Any person who knowingly contrives to have any
a person adjudged mentally retarded
to have an intellectual disability under the
provisions of this article, unlawfully or improperly, is guilty of a
misdemeanor.
SEC. 48. Section 6512 of the Welfare and Institutions Code is
amended to read:
6512. If, when a boy or girl is brought before a juvenile court
under the juvenile court law, it appears to the court, either before
or after adjudication, that the person is mentally retarded
has an intellectual disability , or if, on the
conviction of any person of crime by any court it appears to the
court that the person is mentally retarded
has an intellectual disability , the court may adjourn the
proceedings or suspend the sentence, as the case may be, and direct
some suitable person to take proceedings under this article against
the person before the court, and the court may order that, pending
the preparation, filing, and hearing of the petition, the person
before the court be detained in a place of safety, or be placed under
the guardianship of some suitable person, on his or her
entering into a recognizance for the appearance of the person upon
trial or under conviction when required. If, upon the hearing of the
petition, or upon a subsequent hearing, the person upon trial or
under conviction is not found to be mentally retarded
have an intellectual disability , the court may
proceed with the trial or impose sentence, as the case may be.
SEC. 49. Section 6513 of the Welfare and Institutions Code is
amended to read:
6513. (a) The State Department of Developmental Services shall
pay for the costs, as defined in this section, of judicial
proceedings, including commitment, placement, or release, under this
article under both of the following conditions:
(1) The judicial proceedings are in a county within which a state
hospital or developmental center maintains a treatment program for
mentally retarded persons with intellectual
disabilities who are a danger to themselves or others.
(2) The judicial proceedings relate to a mentally
retarded person with an intellectual disability
who is at the time residing in the state hospital or developmental
center located in the county of the proceedings.
(b) The appropriate financial officer or other designated official
in a county described in subdivision (a) may prepare a statement of
all costs incurred by the county in the investigation, preparation
for, and conduct of the proceeding, including any costs of the
district attorney or county counsel and any public
defender or court-appointed counsel
representing the person, and including any costs incurred by the
county for the guarding or keeping of the person while away from the
state hospital and for transportation of the person to and from the
hospital. The statement shall be certified to by a
judge of the superior court and shall be sent to the State
Department of Developmental Services. In lieu of sending statements
after each proceeding, the statements may be held and submitted
quarterly for the preceding three-month period.
SEC. 50. Section 6551 of the Welfare and Institutions Code is
amended to read:
6551. If the court is in doubt as to whether the person is
mentally disordered or mentally retarded has
an intellectual disability , the court shall order the person
to be taken to a facility designated by the county and approved by
the State Department of Mental Health as a facility for 72-hour
treatment and evaluation. Thereupon, Article 1 (commencing with
Section 5150) of Chapter 2 of Part 1 of Division 5 applies, except
that the professional person in charge of the facility shall make a
written report to the court concerning the results of the evaluation
of the person's mental condition. If the professional person in
charge of the facility finds the person is, as a result of mental
disorder, in need of intensive treatment, the person may be certified
for not more than 14 days of involuntary intensive treatment if the
conditions set forth in subdivision (c) of Section 5250 and
subdivision (b) of Section 5260 are complied with. Thereupon, Article
4 (commencing with Section 5250) of Chapter 2 of Part 1 of Division
5 shall apply to the person. The person may be detained pursuant to
Article 4.5 (commencing with Section 5260), or Article 4.7
(commencing with Section 5270.10), or Article 6 (commencing with
Section 5300) of Part 1 of Division 5 if that article applies.
If the professional person in charge of the facility finds that
the person is mentally retarded has an
intellectual disability , the juvenile court may direct the
filing in any other court of a petition for the commitment of a minor
as a mentally retarded person to the State
Department of Developmental Services for placement in a state
hospital. In such this case, the
juvenile court shall transmit to the court in which the petition is
filed a copy of the report of the professional person in charge of
the facility in which the minor was placed for observation. The court
in which the petition for commitment is filed may accept the report
of the professional person in lieu of the appointment, or
subpoenaing, and testimony of other expert witnesses appointed by the
court, if the laws applicable to such the
commitment proceedings provide for the appointment by court of
medical or other expert witnesses or may consider the report as
evidence in addition to the testimony of medical or other expert
witnesses.
If the professional person in charge of the facility for 72-hour
evaluation and treatment reports to the juvenile court that the minor
is not affected with any mental disorder requiring intensive
treatment or mental retardation does not have
an intellectual disability , the professional person in charge
of the facility shall return the minor to the juvenile court on or
before the expiration of the 72-hour period and the court shall
proceed with the case in accordance with the Juvenile Court Law.
Any expenditure for the evaluation or intensive treatment of a
minor under this section shall be considered an expenditure made
under Part 2 (commencing with Section 5600) of Division 5 and shall
be reimbursed by the state as are other local expenditures pursuant
to that part.
The jurisdiction of the juvenile court over the minor shall be
suspended during such time as the minor is subject to the
jurisdiction of the court in which the petition for postcertification
treatment of an imminently dangerous person or the petition for
commitment of a mentally retarded person with
an intellectual disability is filed or under remand for 90
days for intensive treatment or commitment ordered by such
the court.
SEC. 51. The heading of Article 4 (commencing with Section 6715)
of Chapter 3 of Part 2 of Division 6 of the Welfare and Institutions
Code is amended to read:
Article 4. Mentally Retarded Persons
with Intellectual Disabilities
SEC. 52. Section 6715 of the Welfare and Institutions Code is
amended to read:
6715. The court shall inquire into the financial condition of the
parent, guardian, or other person charged with the support of
any a person committed as
mentally retarded person having an intellectual
disability , and if it finds him the
person able to do so, in whole or in part, it shall make a
further order, requiring him or her to pay, to the extent
the court considers him the person able
to pay , the expenses of the proceedings in
connection with the investigation, detention, and commitment of the
person committed, and the expenses of his the
committed person's delivery to the institution, and to pay to
the county, at stated periods, such the
sums as the court deems proper, during
such the time as the person
remains in the institution or on leave of absence to a licensed
hospital, facility , or home for the care of such
those persons. This order may be enforced by
such further orders as the court deems necessary,
and may be varied, altered, or revoked in its discretion.
The court shall designate some a
county officer to keep a record of such payments
ordered to be made, to receive, receipt for, and record such
the payments made, to pay over such
the payments to the county treasurer, to see
that the persons ordered to make such the
payments comply with such the
orders, and to report to the court any failure on the part
of such persons to make such the
payments.
SEC. 53. Section 6717 of the Welfare and Institutions Code is
amended to read:
6717. The cost necessarily incurred in determining whether a
person is a fit subject for admission to a home for the
mentally retarded commitment and securing his
admission thereto or her commitment ,
is a charge upon the county whence he or she is committed.
Such These costs include the fees of
witnesses, medical examiners, psychiatrists , and
psychologists allowed by the judge ordering the examination. If the
person sought to be committed is not an indigent person, the costs of
the proceedings are the obligation of such
that person and shall be paid by him or her , or by
the his or her guardian or conservator
of his estate , as provided in Division
4 (commencing with Section 1400) of the Probate Code, or shall be
paid by persons legally liable for his or her maintenance,
unless otherwise ordered by the judge.
SEC. 54. Section 6718 of the Welfare and Institutions Code is
amended to read:
6718. The State Department of Mental Health shall present to the
county, not more frequently than monthly, a claim for the amount due
the state by reason of commitments of the mentally retarded
persons with intellectual disabilities, which
the county shall process and pay pursuant to the provisions of
Chapter 4 (commencing with Section 29700) of Division 3 of Title 3 of
the Government Code.
SEC. 55. Section 6740 of the Welfare and Institutions Code is
amended to read:
6740. The court shall attach to the order of commitment of a
mentally retarded person with an intellectual
disability its findings and conclusions, together with all the
social and other data it has bearing upon the case, and the same
shall be delivered to the home place of
commitment with the order.
SEC. 56. Section 6741 of the Welfare and Institutions Code is
amended to read:
6741. The sheriff or probation officer, whichever may be
is designated by the court, may execute the
order of commitment with respect to any mentally retarded
a person with an intellectual disability
.
In any case in which the probation officer executes the order of
commitment, he or she shall be compensated for
transporting such the person to a state
hospital in the amount and manner in which a sheriff is compensated
for similar services.
SEC. 57. Section 7275 of the Welfare and Institutions Code is
amended to read:
7275. The husband, wife, father, mother, or children of a patient
in a state hospital for the mentally disordered, the estates of
such these persons, and the guardian or
conservator and administrator of the estate of such
the patient shall cause him or her to
be properly and suitably cared for and maintained, and shall pay the
costs and charges of his for
transportation to a state institution. The husband, wife, father,
mother, or children of a patient in a state hospital for the mentally
disordered and the administrators of their estates, and the estate
of such the person shall be liable for
his or her care, support, and maintenance in a state
institution of which he or she is a patient. The liability
of such these persons and estates
shall be a joint and several liability, and such
the liability shall exist whether the person has become a
patient of a state institution pursuant to the provisions of this
code or pursuant to the provisions of Sections 1026, 1368, 1369,
1370, and 1372 of the Penal Code.
This section does not impose liability for the care of
mentally retarded persons with intellectual
disabilities in state hospitals.
SEC. 58. Section 7351 of the Welfare and Institutions Code is
amended to read:
7351. Wherever in any provision of this code heretofore or
hereafter enacted the term "parole" is used in relation to the
release of a patient from a state hospital, it shall be construed to
refer to and mean "leave of absence." Any A
judicially committed patient or mentally retarded
patient with an intellectual disability granted
a leave of absence on or after July 1, 1969, and any
a patient on leave of absence as of July 1,
1969, may at any time during the period of the leave of absence be
recalled and returned to the hospital.
Upon the release of a judicially committed patient as granted by
the medical director of a state hospital, on leave of absence or
discharge upon any of the grounds provided in this article, in
accordance with the rules and regulations prescribed by the
department, the superintendent shall issue to or on behalf of the
judicially committed patient a document stating the general terms or
limitations of the leave of absence, or a certificate stating the
general condition of , or the reason for , the
discharge of the judicially committed patient.
SEC. 59. Nothing in this act shall be construed as making changes
to services being provided or eligibility standards in effect at the
time of enactment.