BILL ANALYSIS �
AB 2397
Page 1
ASSEMBLY THIRD READING
AB 2397 (Allen)
As Amended May 25, 2012
Majority vote
HEALTH 14-5 APPROPRIATIONS 12-5
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|Ayes:|Monning, Ammiano, Atkins, |Ayes:|Fuentes, Blumenfield, |
| |Bonilla, Eng, Gordon, | |Bradford, Charles |
| |Hayashi, | |Calderon, Campos, Davis, |
| |Roger Hern�ndez, Bonnie | |Gatto, Ammiano, Hill, |
| |Lowenthal, Mitchell, | |Lara, Mitchell, Solorio |
| |Nestande, Pan, | | |
| |V. Manuel P�rez, Williams | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Logue, Garrick, Mansoor, |Nays:|Harkey, Donnelly, |
| |Silva, Smyth | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Requires the Department of Mental Health (DMH) to
reimburse an independent entity for the purposes of conducting a
review and analysis of staffing ratios to determine the
appropriate levels for effective patient treatment in state
hospitals. Specifically, this bill :
1)Requires, to the extent permitted by existing law, DMH to
reimburse an independent entity for the purposes of conducting
a review and analysis of staffing ratios to determine the
appropriate levels for effective patient treatment.
2)Requires DMH to provide information to this entity as
necessary for it to complete its analysis and provide
recommendations.
3)Maintains that it is the intent of the Legislature that DMH
request the independent entity to complete this analysis by
March 1, 2013.
4)Requires a report to be submitted to the Legislature by August
1, 2013, regarding the independent entity's findings to ensure
state hospitals are making progress and to enable the
Legislature to consider further action that may be necessary
AB 2397
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during the subsequent legislative year.
5)Repeals the provisions of this bill on January 1, 2015, unless
a later enacted statute, that is enacted before January 1,
2015, deletes or extends that date.
EXISTING LAW establishes state hospitals, under the jurisdiction
of DMH, to provide for the care, treatment, and education of
mentally disordered persons. Authorizes DMH to adopt
regulations regarding the conduct and management of these
facilities.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill will result in one-time costs of at least
$300,000 General Fund for an independent analysis of staffing
ratios.
COMMENTS : According to a March 1, 2012, brief by the
Legislative Analyst's Office regarding the oversight and
accountability of state hospitals, DMH oversees the operation of
the following five state hospitals that provide inpatient
psychiatric care to more than 5,000 individuals committed to the
hospitals civilly or in connection with criminal proceedings:
1)Atascadero State Hospital (ASH) located in the Central Coast
treats an all-male maximum security forensic patient
population and houses over 1,000 patients;
2)Coalinga State Hospital, located in the City of Coalinga,
houses over 900 patients, most of whom are sexually violent
predators;
3)Metropolitan State Hospital (MSH), located in the City of
Norwalk houses over 400 individuals who have a history of
escape from a detention center, a charge or conviction of a
sex crime, or one convicted murder;
4)Napa State Hospital (NSH), located in the City of Napa, is
classified as a low-to-moderate-security level state hospital
with slightly less than 1,000 patients; and,
5)Patton State Hospital (PSH), located in San Bernardino County,
treats approximately 1,500 patients and is primarily a
forensic hospital.
AB 2397
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In May 2006, four out of five of the state hospitals were found
to be in violation of the Federal Civil Rights of
Institutionalized Persons Act. The investigation found that
these hospitals failed to provide a safe environment for its
patients, failed to provide complete psychiatric assessments,
and in some cases neglected to regularly review a patient's
needs before prescribing medication. The United States
Department of Justice (USDOJ) and the state reached a
settlement, through a consent judgment, which required MSH, NSH,
PSH, and ASH to implement an "Enhancement Plan" (EP) to improve
conditions. The extensive reforms required by the EP were
intended to ensure that individuals in the hospitals are
adequately protected from harm and provided adequate services to
support their recovery and mental health. A court monitor and a
team of clinical experts were appointed to review the compliance
of each hospital.
In November 2011, the USDOJ released PSH and ASH from oversight,
deeming them in compliance with the majority of the EP's
demands. However, USDOJ officials asked for an extension of
federal oversight of NSH and MSH, finding that these facilities
have failed to comply with critical provisions of the EP.
Analysis Prepared by : Tanya Robinson-Taylor / HEALTH / (916)
319-2097
FN: 0003839