Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1847

Introduced by Assembly Member Chesbro

February 19, 2014

An act to amend begin delete Sections 6276.30 and 6276.38 of the Government Code, to amend Section 26306 of the Water Code, and to amend Section 4135 of the Welfare and Institutions Code end delete begin insert Sections 52.5 and 1587 of the Civil Code, to amend Sections 328, 352, 372, 373, and 1447 of the Code of Civil Procedure, to amend Section 56850 of the Education Code, to amend Sections 2310, 2312, 2313, 2332, and 7901 of the Family Code, to amend Sections 854.2, 1001, 6276.30, 6276.34, 6276.38, 7579.1, 12428, 26640, 26643, and 26749 of, and to repeal Section 203 of, the Government Code, to amend Sections 1250, 1250.2, 1267.8, 1275.5, 1276.5, 1276.9, 1505.5, 1566.3, 1568.0831, 1569.5, 1569.85, 11812.6, 11834.23, 13113, 36130, 50680, 50684, 50685.5, 50688, and 50689 of the Health and Safety Code, to amend Section 10235.8 of the Insurance Code, to amend Section 4662 of the Labor Code, to amend Sections 2672 and 11151 of the Penal Code, to amend Sections 9201 and 19201 of the Probate Code, to amend Section 734 of the Public Utilities Code, to amend Sections 5301, 18014, 18395, and 35466 of the Streets and Highways Code, to amend Section 26306 of the Water Code, and to amend Sections 1752.6, 1756, 4011, 4016, 4021, 4022, 4042, 4080, 4109.5, 4119, 4120, 4121, 4132, 4135, 4136, 4200, 4202.5, 4240, 4241, 4243, 4244, 4304, 4308, 4320, 4410, 4417, 4440, 4681.1, 5002, 5004, 5004.5, 5115, 5116, 5250, 5301, 5304, 5326.5, 5340, 5350, 5400, 5500, 5511, 5585.10, 5600, 5653, 5696, 5699, 5714, 5802, 6000, 6002, 6002.10, 6250, 6254, 6551, 6825, 7100, 7200, 7201, 7226, 7227, 7275, 7276, 7277, 7278, 7280, 7283, 7284, 7294, 7300, 7329, 7352, 7354, 7357, 7362, 7500, and 7501.5 of, and to repeal Section 5366 of, the Welfare and Institutions Code end insert , relating to mental begin insert health end insert disorders.

LEGISLATIVE COUNSEL’S DIGEST

AB 1847, as amended, Chesbro. Mental begin insert health end insert disorders: language.

begin insert

(1) Existing law refers to mentally disordered persons, or mentally defective persons in provisions relating to, among other things, education, social services, and civil law. Existing law also refers to the insane in provisions relating to, among other things, family law and social services.

end insert begin insert

This bill would revise these provisions to instead refer to persons with a mental health disorder or persons who lack legal capacity to make decisions, respectively. The bill would make related technical changes.

end insert begin delete

(1)

end delete

begin insert (2) end insert  Existing law requires that a person committed to a state hospital as a mentally abnormal sex offender remain a patient for the period specified in the court order of commitment or until discharged by the medical director of the state hospital in which the person is a patient, whichever occurs first. Existing law authorizes the medical director to grant the patient a leave of absence, as specified.

Existing law prohibits the inspection of the petition for commitment, reports, court orders, and court documents by anyone other than the parties to the proceeding and their attorneys and prohibits inspection of the records of supervision, care, and treatment by anyone not in the employ of the department or the state hospital.

This bill would remove the provisions relating to the term of commitment and leave of absence for a mentally abnormal sex offender. The bill would make conforming changes to the Public Records Act.

begin delete

(2)

end delete

begin insert (3) end insert  The Irrigation District Law provides for the formation of irrigation districts with prescribed powers, including the power to levy an annual assessment upon the land in the district and to obtain a collector’s deed against the property if the assessment is not paid. Existing law requires an action proceeding, defense, answer, or cross-complaint based on the invalidity or irregularity of the collector’s deed to begin within one year after the recordation of the deed, unless otherwise specified, including when the owner of the land was, at the time of sale, a minor or insane person in which case the statute of limitations begins to run when the disability is removed.

This bill would make a technical change to clarify that the statute of limitations is tolled if the owner is a minor or lacks mental capacity.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 52.5 of the end insert begin insert Civil Code end insert begin insert is amended to read: end insert

52.5.  

(a) A victim of human trafficking, as defined in Section
236.1 of the Penal Code, may bring a civil action for actual
damages, compensatory damages, punitive damages, injunctive
relief, any combination of those, or any other appropriate relief.
A prevailing plaintiff may also be awarded attorney’s fees and
costs.

(b) In addition to the remedies specified herein, in begin delete any end delete begin insert an end insert action
under subdivision (a), the plaintiff may be awarded up to three
times his or her actual damages or ten thousand dollars ($10,000),
whichever is greater. In addition, punitive damages may also be
awarded upon proof of the defendant’s malice, oppression, fraud,
or duress in committing the act of human trafficking.

(c) An action brought pursuant to this section shall be
commenced within five years of the date on which the trafficking
victim was freed from the trafficking begin delete situation, end delete begin insert situation end insert or begin insert , end insert if the
victim was a minor when the act of human trafficking against the
victim occurred, within eight years after the date the plaintiff attains
the age of majority.

(d) If a person entitled to sue is under a disability at the time
the cause of action accrues, so that it is impossible or impracticable
for him or her to bring an action, then the time of the disability is
not part of the time limited for the commencement of the action.
Disability will toll the running of the statute of limitation for this
action.

(1) Disability includes being a minor, begin delete insanity, end delete begin insert lacking legal
capacity to make decisions, end insert imprisonment, or other incapacity or
incompetence.

(2) The statute of limitations shall not run against begin delete an incompetent
or minor end delete begin insert a end insert plaintiff begin insert who is a minor or who lacks the legal
competence to make decisions end insert simply because a guardian ad litem
has been appointed. A guardian ad litem’s failure to bring a
plaintiff’s action within the applicable limitation period will not
prejudice the plaintiff’s right to do so after his or her disability
ceases.

(3) A defendant is estopped to assert a defense of the statute of
limitations when the expiration of the statute is due to conduct by
the defendant inducing the plaintiff to delay the filing of the action,
or due to threats made by the defendant causing duress upon the
plaintiff.

(4) The suspension of the statute of limitations due to disability,
lack of knowledge, or estoppel applies to all other related claims
arising out of the trafficking situation.

(5) The running of the statute of limitations is postponed during
the pendency of begin delete any end delete criminal proceedings against the victim.

(e) The running of the statute of limitations may be suspended
where a person entitled to sue could not have reasonably discovered
the cause of action due to circumstances resulting from the
trafficking situation, such as psychological trauma, cultural and
linguistic isolation, and the inability to access services.

(f) A prevailing plaintiff may also be awarded reasonable
attorney’s fees and litigation costs including, but not limited to,
expert witness fees and expenses as part of the costs.

(g)  begin delete Any restitution end delete begin insert Restitution end insert paid by the defendant to the
victim shall be credited against begin delete any end delete begin insert a end insert judgment, award, or
settlement obtained pursuant to this section. begin delete Any end delete begin insert A end insert judgment,
award, or settlement obtained pursuant to an action under this
section shall be subject to the provisions of Section 13963 of the
Government Code.

(h)  begin delete Any end delete begin insert A end insert civil action filed under this section shall be stayed
during the pendency of any criminal action arising out of the same
occurrence in which the claimant is the victim. As used in this
section, a “criminal action” includes investigation and prosecution,
and is pending until a final adjudication in the trial begin delete court, end delete begin insert court end insert or
dismissal.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1587 of the end insert begin insert Civil Code end insert begin insert is amended to read: end insert

1587.  

A proposal is revoked begin insert by any of the following end insert :

begin delete

1.

end delete

begin insert (a) end insert  By the communication of notice of revocation by the
proposer to the other party, in the manner prescribed by Sections
1581 and 1583, before his begin insert or her end insert acceptance has been
communicated to the begin delete former; end delete begin insert former. end insert

begin delete

2.

end delete

begin insert (b) end insert  By the lapse of the time prescribed in begin delete such end delete begin insert the end insert proposal for
its begin delete acceptance, end delete begin insert acceptance end insert or begin insert , end insert if no time is begin delete so end delete prescribed, the lapse
of a reasonable time without communication of the begin delete acceptance; end delete
begin insert acceptance. end insert

begin delete

3.

end delete

begin insert (c) end insert  By the failure of the acceptor to fulfill a condition precedent
to begin delete acceptance; or, end delete begin insert acceptance. end insert

begin delete

4.

end delete

begin insert (d) end insert  By the death or begin delete insanity end delete begin insert legal incapacity to make decisions end insert
of the proposer.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 328 of the end insert begin insert Code of Civil Procedure end insert begin insert is amended
to read: end insert

328.  

If a person entitled to commence an action for the recovery
of real property, or for the recovery of the possession thereof, or
to make begin delete any end delete begin insert an end insert entry or defense founded on the title to real
property, or to rents or services out of the property, is begin insert , end insert at the time
title first descends or accrues begin insert , end insert either under the age of majority or
begin delete insane end delete begin insert lacking legal capacity to make decisions end insert , the time, not
exceeding 20 years, during which the disability continues is not
deemed begin delete any end delete begin insert a end insert portion of the time in this chapter limited for the
commencement of the action, or the making of the entry or defense,
but the action may be commenced, or entry or defense made, within
the period of five years after the disability shall cease, or after the
death of the person entitled, who shall die under the begin delete disability; but
the end delete begin insert disability. The end insert action shall not be commenced, or entry or
defense made, after that period.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 352 of the end insert begin insert Code of Civil Procedure end insert begin insert is amended
to read: end insert

352.  

(a) If a person entitled to bring an action, mentioned in
Chapter 3 (commencing with Section 335) is, at the time the cause
of action accrued either under the age of majority or begin delete insane end delete begin insert lacking
the legal capacity to make decisions end insert , the time of the disability is
not part of the time limited for the commencement of the action.

(b) This section begin delete does end delete begin insert shall end insert not apply to an action against a public
entity or public employee upon a cause of action for which a claim
is required to be presented in accordance with Chapter 1
(commencing with Section 900) or Chapter 2 (commencing with
Section 910) of Part 3, or Chapter 3 (commencing with Section
950) of Part 4, of Division 3.6 of Title 1 of the Government Code.
This subdivision shall not apply to any claim presented to a public
entity prior to January 1, 1971.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 372 of the end insert begin insert Code of Civil Procedure end insert begin insert is amended
to read: end insert

372.  

(a)  begin insert (1) end insert begin insert   end insert When a minor, begin delete an incompetent end delete begin insert a end insert person begin insert who
lacks legal capacity to make decisions end insert , or a person for whom a
conservator has been appointed is a party, that person shall appear
either by a guardian or conservator of the estate or by a guardian
ad litem appointed by the court in which the action or proceeding
is pending, or by a judge thereof, in each case. A guardian ad litem
may be appointed in any case when it is deemed by the court in
which the action or proceeding is prosecuted, or by a judge thereof,
expedient to appoint a guardian ad litem to represent the minor,
begin delete incompetent end delete person begin insert lacking legal capacity to make decisions end insert , or
person for whom a conservator has been appointed,
notwithstanding that the person may have a guardian or conservator
of the estate and may have appeared by the guardian or conservator
of the estate. The guardian or conservator of the estate or guardian
ad litem so appearing for any minor, begin delete incompetent end delete person begin insert who lacks
legal capacity to make decisions end insert , or person for whom a conservator
has been appointed shall have power, with the approval of the
court in which the action or proceeding is pending, to compromise
the same, to agree to the order or judgment to be entered therein
for or against the ward or conservatee, and to satisfy any judgment
or order in favor of the ward or conservatee or release or discharge
any claim of the ward or conservatee pursuant to that compromise.
begin delete Any money end delete begin insert Money end insert or other property to be paid or delivered
pursuant to the order or judgment for the benefit of a minor,
begin delete incompetent end delete person begin insert lacking legal capacity to make decisions end insert , or
person for whom a conservator has been appointed shall be paid
and delivered as provided in Chapter 4 (commencing with Section
3600) of Part 8 of Division 4 of the Probate Code.

begin delete

Where

end delete

begin insert (2) end insert begin insert   end insert begin insert Where end insert reference is made in this section to begin delete “incompetent
person,” such end delete begin insert “a person lacking legal competence to make
decisions,” the end insert reference shall be deemed to include “a person for
whom a conservator may be appointed.”

begin delete

Nothing

end delete

begin insert ( end insert begin insert 3) end insert begin insert   end insert begin insert Nothing end insert in this section, or in any other provision of this
code, the Civil Code, the Family Code, or the Probate Code is
intended by the Legislature to prohibit a minor from exercising an
intelligent and knowing waiver of his or her constitutional rights
in begin delete any proceedings end delete begin insert a proceeding end insert under the Juvenile Court Law,
Chapter 2 (commencing with Section 200) of Part 1 of Division 2
of the Welfare and Institutions Code.

(b) (1) Notwithstanding subdivision (a), a minor 12 years of
age or older may appear in court without a guardian, counsel, or
guardian ad litem, for the purpose of requesting or opposing a
request for any of the following:

(A) An injunction or temporary restraining order or both to
prohibit harassment pursuant to Section 527.6.

(B) An injunction or temporary restraining order or both against
violence or a credible threat of violence in the workplace pursuant
to Section 527.8.

(C) A protective order pursuant to Division 10 (commencing
with Section 6200) of the Family Code.

(D) A protective order pursuant to Sections 7710 and 7720 of
the Family Code.

The court may, either upon motion or in its own discretion, and
after considering reasonable objections by the minor to the
appointment of specific individuals, appoint a guardian ad litem
to assist the minor in obtaining or opposing the order, provided
that the appointment of the guardian ad litem does not delay the
issuance or denial of the order being sought. In making the
determination concerning the appointment of a particular guardian
ad litem, the court shall consider whether the minor and the
guardian have divergent interests.

(2) For purposes of this subdivision only, upon the issuance of
an order pursuant to paragraph (1), if the minor initially appeared
in court seeking an order without a guardian or guardian ad litem,
and if the minor is residing with a parent or guardian, the court
shall send a copy of the order to at least one parent or guardian
designated by the minor, unless, in the discretion of the court,
notification of a parent or guardian would be contrary to the best
interest of the minor. The court is not required to send the order
to more than one parent or guardian.

(3) The Judicial Council shall adopt forms by July 1, 1999, to
facilitate the appointment of a guardian ad litem pursuant to this
subdivision.

(c) (1) Notwithstanding subdivision (a), a minor may appear in
court without a guardian ad litem in the following proceedings if
the minor is a parent of the child who is the subject of the
proceedings:

(A) Family court proceedings pursuant to Part 3 (commencing
with Section 7600) of Division 12 of the Family Code.

(B) Dependency proceedings pursuant to Chapter 2
(commencing with Section 200) of Part 1 of Division 2 of the
Welfare and Institutions Code.

(C) Guardianship proceedings for a minor child pursuant to Part
2 (commencing with Section 1500) of Division 4 of the Probate
Code.

(D) Any other proceedings concerning child custody, visitation,
or support.

(2) If the court finds that the minor parent is unable to
understand the nature of the proceedings or to assist counsel in
preparing the case, the court shall, upon its own motion or upon a
motion by the minor parent or the minor parent’s counsel, appoint
a guardian ad litem.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 373 of the end insert begin insert Code of Civil Procedure end insert begin insert is amended
to read: end insert

373.  

When a guardian ad litem is appointed, he or she shall be
appointed as follows:

(a) If the minor is the plaintiff the appointment must be made
before the summons is issued, upon the application of the minor,
if the minor is begin delete of the age of end delete 14 years begin insert of age or older end insert , or begin insert , end insert if under
that age, upon the application of a relative or friend of the minor.

(b) If the minor is the defendant, upon the application of the
minor, if the minor is begin delete of the age of end delete 14 years begin insert of age or older end insert , and
the minor applies within 10 days after the service of the summons,
or begin insert , end insert if under that begin delete age, end delete begin insert age end insert or if the minor neglects to apply, then
upon the application of a relative or friend of the minor, or of any
other party to the action, or by the court on its own motion.

(c) If begin delete an insane or incompetent end delete begin insert the end insert person begin insert lacking legal
competence to make decisions end insert is a party to an action or proceeding,
upon the application of a relative or friend of begin delete such insane or
incompetent end delete begin insert the end insert person begin insert lacking legal competence to make
decisions end insert , or of any other party to the action or proceeding, or by
the court on its own motion.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 1447 of the end insert begin insert Code of Civil Procedure end insert begin insert is
amended to read: end insert

1447.  

Notwithstanding any other begin delete provision of end delete law, all
unclaimed money or other property belonging to begin delete any end delete begin insert a end insert person who
dies while confined in begin delete any end delete begin insert a end insert state institution subject to the
jurisdiction of the begin insert State end insert Department of begin delete Mental Hygiene end delete begin insert State
Hospitals end insert , which is paid or delivered to the begin delete State end delete begin insert state end insert or begin delete any end delete begin insert an end insert
officer or employee thereof under the provisions of Section 166
of the Welfare and Institutions Code, or under any amendment
thereof adopted after the effective date of begin delete this section, end delete begin insert Chapter
1708 of the Statutes of 1951 end insert shall be deemed to be paid or delivered
for deposit in the State Treasury under the provisions of this article,
and shall be transmitted, received, accounted for, and disposed of,
as provided in this part.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 56850 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

56850.  

begin insert (a) end insert begin insert   end insert The purpose of the Legislature, in enacting this
chapter, is to recognize that individuals with exceptional needs of
mandated schoolage, residing in California’s state hospitals begin delete for
the developmentally disabled and mentally disordered end delete begin insert and
developmental centers end insert , are entitled to, under the Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and the
Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.), the same
access to educational programs as is provided for individuals with
exceptional needs residing in our communities.

begin delete

It

end delete

begin insert (b) end insert begin insert   end insert begin insert It end insert is the intent of the Legislature to ensure that services shall
be provided in the community near the individual state hospitals
to the maximum extent appropriate, and in the least restrictive
environment.

begin delete

It

end delete

begin insert (c) end insert begin insert   end insert begin insert It end insert is the further intent of the Legislature to ensure equal
access to the educational process and to a full continuum of
educational services for all individuals, regardless of their physical
residence.

begin delete

It

end delete

begin insert (d) end insert begin insert   end insert begin insert It end insert is the further intent of the Legislature that educational
services designated for state hospital residents not eligible for
services mandated by the Individuals with Disabilities Education
Act (20 U.S.C. Sec. 1400 et seq.) shall not be reduced or limited
in any manner as a result of the enactment of this chapter.

begin delete

It

end delete

begin insert (e) end insert begin insert   end insert begin insert It end insert is the further intent of the Legislature that any cooperative
agreements to provide educational services for state hospitals shall
seek to maximize federal financial participation in funding these
services.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 2310 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

2310.  

Dissolution of the marriage or legal separation of the
parties may be based on either of the following grounds, which
shall be pleaded generally:

(a) Irreconcilable differences, which have caused the
irremediable breakdown of the marriage.

(b)  begin delete Incurable insanity. end delete begin insert Permanent legal incapacity to make
decisions. end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 2312 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

2312.  

A marriage may be dissolved on the grounds of begin delete incurable
insanity end delete begin insert permanent legal incapacity to make decisions end insert only upon
proof, including competent medical or psychiatric testimony, that
the begin delete insane end delete spouse was at the time the petition was filed, and
remains, begin delete incurably insane end delete begin insert permanently lacking end insert begin insert the legal capacity
to make decisions end insert .

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 2313 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

2313.  

No dissolution of marriage granted on the ground of
begin delete incurable insanity end delete begin insert permanent legal incapacity to make decisions end insert
relieves a spouse from any obligation imposed by law as a result
of the marriage for the support of the spouse who begin delete is incurably
insane end delete begin insert lacks legal capacity to make decisions end insert , and the court may
make begin delete such end delete begin insert an end insert order for support, or require a bond therefor, as the
circumstances require.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 2332 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

2332.  

(a) If the petition for dissolution of the marriage is based
on the ground of begin delete incurable insanity end delete begin insert permanent legal incapacity to
make decisions end insert and the begin delete insane end delete spouse begin insert who lacks legal capacity to
make decisions end insert has a guardian or conservator, other than the spouse
filing the petition, the petition and summons shall be served upon
the begin delete insane end delete spouse and the guardian or conservator. The guardian
or conservator shall defend and protect the interests of the begin delete insane end delete
spouse begin insert who lacks legal capacity to make decisions end insert .

(b) If the begin delete insane end delete spouse begin insert who lacks legal capacity to make
decisions end insert has no guardian or conservator, or if the spouse filing
the petition is the guardian or conservator begin delete of the insane spouse end delete ,
the court shall appoint a guardian ad litem, who may be the district
attorney or the county counsel, if any, to defend and protect the
interests of the begin delete insane end delete spouse begin insert who lacks legal capacity to make
decisions end insert . If a district attorney or county counsel is appointed
guardian ad litem pursuant to this subdivision, the successor in the
office of district attorney or county counsel, as the case may be,
succeeds as guardian ad litem, without further action by the court
or parties.

(c) “Guardian or conservator” as used in this section means:

(1) With respect to the issue of the dissolution of the marriage
relationship, the guardian or conservator of the person.

(2) With respect to support and property division issues, the
guardian or conservator of the estate.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 7901 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

7901.  

The provisions of the interstate compact referred to in
Section 7900 are as follows:

INTERSTATE COMPACT ON THE PLACEMENT OF
CHILDREN

Article 1. Purpose and Policy

It is the purpose and policy of the party states to cooperate with
each other in the interstate placement of children to the end that:

(a) Each child requiring placement shall receive the maximum
opportunity to be placed in a suitable environment and with persons
or institutions having appropriate qualifications and facilities to
provide a necessary and desirable degree and type of care.

(b) The appropriate authorities in a state where a child is to be
placed may have full opportunity to ascertain the circumstances
of the proposed placement, thereby promoting full compliance
with applicable requirements for the protection of the child.

(c) The proper authorities of the state from which the placement
is made may obtain the most complete information on the basis
on which to evaluate a projected placement before it is made.

(d) Appropriate jurisdictional arrangements for the care of
children will be promoted.

Article 2. Definitions

As used in this compact:

(a) “Child” means a person who, by reason of minority, is legally
subject to parental, guardianship, or similar control.

(b) “Sending agency” means a party state, or officer or employee
thereof; subdivision of a party state, or officer or employee thereof;
a court of a party state; a person, corporation, association, charitable
agency, or other entity which sends, brings, or causes to be sent
or brought any child to another party state.

(c) “Receiving state” means the state to which a child is sent,
brought, or caused to be sent or brought, whether by public
authorities or private persons or agencies, and whether for
placement with state or local public authorities or for placement
with private agencies or persons.

(d) “Placement” means the arrangement for the care of a child
in a family free or boarding home or in a child-caring agency or
institution but does not include any institution caring for begin delete the
mentally ill, mentally defective or epileptic end delete begin insert persons with
developmental disabilities or mental health disorders end insert or any
institution primarily educational in character, and any hospital or
other medical facility.

Article 3. Conditions for Placement

(a) No sending agency shall send, bring, or cause to be sent or
brought into any other party state any child for placement in foster
care or as a preliminary to a possible adoption unless the sending
agency shall comply with each and every requirement set forth in
this article and with the applicable laws of the receiving state
governing the placement of children therein.

(b) Before sending, bringing, or causing any child to be sent or
brought into a receiving state for placement in foster care or as a
preliminary to a possible adoption, the sending agency shall furnish
the appropriate public authorities in the receiving state written
notice of the intention to send, bring, or place the child in the
receiving state. The notice shall contain:

(1) The name, date, and place of birth of the child.

(2) The identity and address or addresses of the parents or legal
guardian.

(3) The name and address of the person, agency, or institution
to or with which the sending agency proposes to send, bring, or
place the child.

(4) A full statement of the reasons for the proposed action and
evidence of the authority pursuant to which the placement is
proposed to be made.

(c) Any public officer or agency in a receiving state which is
in receipt of a notice pursuant to paragraph (b) of this article may
request of the sending agency, or any other appropriate officer or
agency of or in the sending agency’s state, and shall be entitled to
receive therefrom, supporting or additional information as it may
deem necessary under the circumstances to carry out the purpose
and policy of this compact.

(d) The child shall not be sent, brought, or caused to be sent or
brought into the receiving state until the appropriate public
authorities in the receiving state shall notify the sending agency,
in writing, to the effect that the proposed placement does not appear
to be contrary to the interests of the child.

Article 4. Penalty for Illegal Placement

The sending, bringing, or causing to be sent or brought into any
receiving state of a child in violation of the terms of this compact
shall constitute a violation of the laws respecting the placement
of children of both the state in which the sending agency is located
or from which it sends or brings the child and of the receiving
state. A violation may be punished or subjected to penalty in either
jurisdiction in accordance with its laws. In addition to liability for
any punishment or penalty, any violation shall constitute full and
sufficient grounds for the suspension or revocation of any license,
permit, or other legal authorization held by the sending agency
which empowers or allows it to place, or care for children.

Article 5. Continuing Jurisdiction

(a) The sending agency shall retain jurisdiction over the child
sufficient to determine all matters in relation to the custody,
supervision, care, treatment, and disposition of the child which it
would have had if the child had remained in the sending agency’s
state, until the child is adopted, reaches majority, becomes
self-supporting, or is discharged with the concurrence of the
appropriate authority in the receiving state. That jurisdiction shall
also include the power to effect or cause the return of the child or
its transfer to another location and custody pursuant to law. The
sending agency shall continue to have financial responsibility for
support and maintenance of the child during the period of the
placement. Nothing contained herein shall defeat a claim of
jurisdiction by a receiving state sufficient to deal with an act of
delinquency or crime committed therein.

(b) When the sending agency is a public agency, it may enter
into an agreement with an authorized public or private agency in
the receiving state providing for the performance of one or more
services in respect of that case by the latter as agent for the sending
agency.

(c) Nothing in this compact shall be construed to prevent a
private charitable agency authorized to place children in the
receiving state from performing services or acting as agent in that
state for a private charitable agency of the sending state; nor to
prevent the agency in the receiving state from discharging financial
responsibility for the support and maintenance of a child who has
been placed on behalf of the sending agency without relieving the
responsibility set forth in paragraph (a) of this article.

Article 6. Institutional Care of Delinquent Children

A child adjudicated delinquent may be placed in an institution
in another party jurisdiction pursuant to this compact but no such
placement shall be made unless the child is given a court hearing
on notice to the parent or guardian with opportunity to be heard,
before being sent to the other party jurisdiction for institutional
care and the court finds that both of the following exist:

(a) Equivalent facilities for the child are not available in the
sending agency’s jurisdiction.

(b) Institutional care in the other jurisdiction is in the best
interest of the child and will not produce undue hardship.

Article 7. Compact Administrator

The executive head of each jurisdiction party to this compact
shall designate an officer who shall be general coordinator of
activities under this compact in his or her jurisdiction and who,
acting jointly with like officers of other party jurisdictions, shall
have power to promulgate rules and regulations to carry out more
effectively the terms and provisions of this compact.

Article 8. Limitations

This compact shall not apply to:

(a) The sending or bringing of a child into a receiving state by
his or her parent, stepparent, grandparent, adult brother or sister,
adult uncle or aunt, or his or her guardian and leaving the child
with any such relative or nonagency guardian in the receiving state.

(b) Any placement, sending or bringing of a child into a
receiving state pursuant to any other interstate compact to which
both the state from which the child is sent or brought and the
receiving state are party, or to any other agreement between said
states which has the force of law.

Article 9. Enactment and Withdrawal

This compact shall be open to joinder by any state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and, with the consent of Congress,
the government of Canada or any province thereof. It shall become
effective with respect to any of these jurisdictions when that
jurisdiction has enacted the same into law. Withdrawal from this
compact shall be by the enactment of a statute repealing the same,
but shall not take effect until two years after the effective date of
the statute and until written notice of the withdrawal has been
given by the withdrawing state to the Governor of each other party
jurisdiction. Withdrawal of a party state shall not affect the rights,
duties, and obligations under this compact of any sending agency
therein with respect to a placement made before the effective date
of withdrawal.

Article 10. Construction and Severability

The provisions of this compact shall be liberally construed to
effectuate the purposes thereof. The provisions of this compact
shall be severable and if any phrase, clause, sentence, or provision
of this compact is declared to be contrary to the constitution of
any party state or of the United States or the applicability thereof
to any government, agency, person, or circumstance is held invalid,
the validity of the remainder of this compact and the applicability
thereof to any government, agency, person, or circumstance shall
not be affected thereby. If this compact shall be held contrary to
the constitution of any state party thereto, the compact shall remain
in full force and effect as to the remaining states and in full force
and effect as to the state affected as to all severable matters.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 203 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin delete

203.  

The State may establish custody and restraint of:

(a) Mentally ill persons, insane persons, chronic inebriates, and
other persons of unsound mind.

(b) Paupers for the purposes of their maintenance.

(c) Minors for the purposes of their education, reformation, and
maintenance.

end delete

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 854.2 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

854.2.  

As used in this chapter, “mental institution” means a
state hospital for the care and treatment of begin delete the mentally disordered
or end delete persons with begin insert mental health disorders or end insert intellectual disabilities,
the California Rehabilitation Center referred to in Section 3300 of
the Welfare and Institutions Code, or a county psychiatric hospital.

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 1001 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

1001.  

The civil executive officers are: a Governor; a private
secretary and an executive secretary for the Governor; a Lieutenant
Governor; a Secretary of State; a Deputy Secretary of State; a
Keeper of Archives of State for Secretary of State; a bookkeeper
for the Secretary of State; three recording clerks for the Secretary
of State; a Controller; a Deputy Controller; a bookkeeper for the
Controller; five clerks for the Controller; a Treasurer; a Deputy
Treasurer; a bookkeeper for the Treasurer; a clerk for six months
in each year for the Treasurer; an Attorney General and all assistant
and deputy attorneys general; a Superintendent of Public
Instruction; one clerk for the Superintendent of Public Instruction;
an Insurance Commissioner; a deputy for the Insurance
Commissioner; four port wardens for the Port of San Francisco; a
port warden for each port of entry except San Francisco; five State
Harbor Commissioners for San Francisco Harbor; six pilots for
each harbor where there is no board of pilot commissioners; three
members of the Board of Pilot Commissioners for Humboldt Bay
and Bar; 13 members of the State Board of Agriculture; four
members of the State Board of Equalization; a clerk of the Board
of Equalization; three members of the State Board of Education;
a librarian for the Supreme Court Library and the chief deputy
clerk and the deputy clerks of the Supreme Court; begin delete five directors
for the insane asylum at Stockton; end delete five directors for the begin delete insane
asylum end delete begin insert state hospital end insert at Napa; the manager, assistant manager,
chief counsel and division chiefs, State Compensation Insurance
Fund; the head of each department and all chiefs of divisions,
deputies and secretaries of a department; such other officers as fill
offices created by or under the authority of charters or laws for the
government of counties and cities or of the health, school, election,
road, or revenue laws.

begin delete SECTION 1. end delete
begin insert SEC. 17. end insert   

Section 6276.30 of the Government Code is amended
to read:

6276.30.  

Managed care health plans, confidentiality of
proprietary information, Section 14091.3, Welfare and Institutions
Code.

Managed Risk Medical Insurance Board, negotiations with
entities contracting or seeking to contract with the board,
subdivisions (v) and (y) of Section 6254.

Mandated blood testing and confidentiality to protect public
health, prohibition against compelling identification of test subjects,
Section 120975, Health and Safety Code.

Mandated blood testing and confidentiality to protect public
health, unauthorized disclosures of identification of test subjects,
Sections 1603.1, 1603.3, and 121022, Health and Safety Code.

Mandated blood testing and confidentiality to protect public
health, disclosure to patient’s spouse, sexual partner, needle sharer,
or county health officer, Section 121015, Health and Safety Code.

Manufactured home, mobilehome, floating home, confidentiality
of home address of registered owner, Section 18081, Health and
Safety Code.

Marital confidential communications, Sections 980, 981, 982,
983, 984, 985, 986, and 987, Evidence Code.

Market reports, confidential, subdivision (e), Section 6254.

Marketing of commodities, confidentiality of financial
information, Section 58781, Food and Agricultural Code.

Marketing orders, confidentiality of processors’ or distributors’
information, Section 59202, Food and Agricultural Code.

Marriage, confidential, certificate, Section 511, Family Code.

Medi-Cal Benefits Program, confidentiality of information,
Section 14100.2, Welfare and Institutions Code.

Medi-Cal Benefits Program, Request of Department for Records
of Information, Section 14124.89, Welfare and Institutions Code.

Medi-Cal Fraud Bureau, confidentiality of complaints, Section
12528.

Medi-Cal managed care program, exemption from disclosure
for financial and utilization data submitted by Medi-Cal managed
care health plans to establish rates, Section 14301.1, Welfare and
Institutions Code.

Medi-Cal program, exemption from disclosure for best price
contracts between the State Department of Health Care Services
and drug manufacturers, Section 14105.33, Welfare and Institutions
Code.

Medical information, disclosure by provider unless prohibited
by patient in writing, Section 56.16, Civil Code.

Medical information, types of information not subject to patient
prohibition of disclosure, Section 56.30, Civil Code.

Medical and other hospital committees and peer review bodies,
confidentiality of records, Section 1157, Evidence Code.

Medical or dental licensee, action for revocation or suspension
due to illness, report, confidentiality of, Section 828, Business and
Professions Code.

Medical or dental licensee, disciplinary action, denial or
termination of staff privileges, report, confidentiality of, Sections
805, 805.1, and 805.5, Business and Professions Code.

Meetings of state agencies, disclosure of agenda, Section
11125.1.

begin delete

Mentally disordered and developmentally disabled offenders,
access to criminal histories of, Section 1620, Penal Code.

Mentally disordered persons, court-ordered evaluation,
confidentiality of reports, Section 5202, Welfare and Institutions
Code.

Mentally disordered or mentally ill person, confidentiality of
written consent to detainment, Section 5326.4, Welfare and
Institutions Code.

Mentally disordered or mentally ill person, voluntarily or
involuntarily detained and receiving services, confidentiality of
records and information, Sections 5328, 5328.15, 5328.2, 5328.4,
5328.8, and 5328.9, Welfare and Institutions Code.

Mentally disordered or mentally ill person, weapons restrictions,
confidentiality of information about, Section 8103, Welfare and
Institutions Code.

end delete

Milk marketing, confidentiality of records, Section 61443, Food
and Agricultural Code.

Milk product certification, confidentiality of, Section 62121,
Food and Agricultural Code.

Milk, market milk, confidential records and reports, Section
62243, Food and Agricultural Code.

Milk product registration, confidentiality of information, Section
38946, Food and Agricultural Code.

Milk equalization pool plan, confidentiality of producers’ voting,
Section 62716, Food and Agricultural Code.

Mining report, confidentiality of report containing information
relating to mineral production, reserves, or rate of depletion of
mining operation, Section 2207, Public Resources Code.

Minor, criminal proceeding testimony closed to public, Section
859.1, Penal Code.

Minors, material depicting sexual conduct, records of suppliers
to be kept and made available to law enforcement, Section 1309.5,
Labor Code.

Misdemeanor and felony reports by police chiefs and sheriffs
to Department of Justice, confidentiality of, Sections 11107 and
11107.5, Penal Code.

Monetary instrument transaction records, confidentiality of,
Section 14167, Penal Code.

Missing persons’ information, disclosure of, Sections 14201 and
14203, Penal Code.

Morbidity and mortality studies, confidentiality of records,
Section 100330, Health and Safety Code.

Motor vehicle accident reports, disclosure, Sections 16005,
20012, and 20014, Vehicle Code.

Motor vehicles, department of, public records, exceptions,
Sections 1808 to 1808.7, inclusive, Vehicle Code.

Motor vehicle insurance fraud reporting, confidentiality of
information acquired, Section 1874.3, Insurance Code.

Motor vehicle liability insurer, data reported to Department of
Insurance, confidentiality of, Section 11628, Insurance Code.

Multijurisdictional drug law enforcement agency, closed sessions
to discuss criminal investigation, Section 54957.8.

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 6276.34 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

6276.34.  

Parole revocation proceedings, confidentiality of
information in reports, Section 3063.5, Penal Code.

Passenger fishing boat licenses, records, Section 7923, Fish and
Game Code.

Paternity, acknowledgement, confidentiality of records, Section
102760, Health and Safety Code.

Patient-physician confidential communication, Sections 992 and
994, Evidence Code.

Patient records, confidentiality of, Section 123135, Health and
Safety Code.

Payment instrument licensee records, inspection of, Section
33206, Financial Code.

Payroll records, confidentiality of, Section 1776, Labor Code.

Peace officer personnel records, confidentiality of, Sections
832.7 and 832.8, Penal Code.

Penitential communication between penitent and clergy, Sections
1032 and 1033, Evidence Code.

Personal Care Services Program, exemption from disclosure for
information regarding persons paid by the state to provide personal
care services, Section 6253.2.

Personal Income Tax, disclosure of information, Article 2
(commencing with Section 19542), Chapter 7, Part 10.2, Division
2, Revenue and Taxation Code.

Personal information, Information Practices Act, prohibitions
against disclosure by state agencies, Sections 1798.24 and 1798.75,
Civil Code.

Personal information, subpoena of records containing, Section
1985.4, Code of Civil Procedure.

Personal representative, confidentiality of personal
representative’s birth date and driver’s license number, Section
8404, Probate Code.

Personnel Administration, Department of, confidentiality of pay
data furnished to, Section 19826.5.

begin insert

Persons with mental health disorders, court-ordered evaluation,
confidentiality of reports, Section 5202, Welfare and Institutions
Code.

end insert begin insert

Persons with mental health disorders, confidentiality of written
consent to detainment, Section 5326.4, Welfare and Institutions
Code.

end insert begin insert

Persons with mental health disorders voluntarily detained and
receiving services, confidentiality of records and information,
Sections 5328, 5328.15, 5328.2, 5328.4, 5328.8, and 5328.9,
Welfare and Institutions Code.

end insert begin insert

Persons with mental health disorders, weapons restrictions,
confidentiality of information about, Section 8103, Welfare and
Institutions Code.

end insert

Petition signatures, Section 18650, Elections Code.

Petroleum supply and pricing, confidential information, Sections
25364 and 25366, Public Resources Code.

Pharmacist, alcohol or dangerous drug diversion and
rehabilitation records, confidentiality of, Section 4372, Business
and Professions Code.

Physical therapist or assistant, records of dangerous drug or
alcohol diversion and rehabilitation, confidentiality of, Section
2667, Business and Professions Code.

Physical or mental condition or conviction of controlled
substance offense, records in Department of Motor Vehicles,
confidentiality of, Section 1808.5, Vehicle Code.

Physician and surgeon, rehabilitation and diversion records,
confidentiality of, Section 2355, Business and Professions Code.

Physician assistant, alcohol or dangerous drug diversion and
rehabilitation records, confidentiality of, Section 3534.7, Business
and Professions Code.

Physician competency examination, confidentiality of reports,
Section 2294, Business and Professions Code.

Physicians and surgeons, confidentiality of reports of patients
with a lapse of consciousness disorder, Section 103900, Health
and Safety Code.

Physician Services Account, confidentiality of patient names in
claims, Section 16956, Welfare and Institutions Code.

Pilots, confidentiality of personal information, Section 1157.1,
Harbors and Navigation Code.

Pollution Control Financing Authority, financial data submitted
to, subdivision (o), Section 6254.

Postmortem or autopsy photos, Section 129, Code of Civil
Procedure.

begin delete SEC. 2. end delete
begin insert SEC. 19. end insert   

Section 6276.38 of the Government Code is amended
to read:

6276.38.  

Radioactive materials, dissemination of information
about transportation of, Section 33002, Vehicle Code.

Railroad infrastructure protection program, disclosure not
required for risk assessments filed with the Public Utilities
Commission, the Director of Emergency Services, or the Office
of Emergency Services, Section 6254.23.

Real estate broker, annual report to Bureau of Real Estate of
financial information, confidentiality of, Section 10232.2, Business
and Professions Code.

Real property, acquisition by state or local government,
information relating to feasibility, subdivision (h), Section 6254.

Real property, change in ownership statement, confidentiality
of, Section 27280.

begin insert Records described in Section 1620 of the Penal Code. end insert

Records of contract purchasers, inspection by public prohibited,
Section 85, Military and Veterans Code.

Records of persons committed to a state hospital pursuant to
Section 4135 of the Welfare and Institutions Code.

Registered public obligations, inspection of records of security
interests in, Section 5060.

Registration of exempt vehicles, nondisclosure of name of person
involved in alleged violation, Section 5003, Vehicle Code.

Rehabilitation, Department of, confidential information, Section
19016, Welfare and Institutions Code.

Reinsurance intermediary-broker license information,
confidentiality of, Section 1781.3, Insurance Code.

Relocation assistance, confidential records submitted to a public
entity by a business or farm operation, Section 7262.

Rent control ordinance, confidentiality of information concerning
accommodations sought to be withdrawn from, Section 7060.4.

Report of probation officer, inspection, copies, Section 1203.05,
Penal Code.

Repossession agency licensee application, confidentiality of
information, Sections 7503, 7504, and 7506.5, Business and
Professions Code.

Reproductive health facilities, disclosure not required for
personal information regarding employees, volunteers, board
members, owners, partners, officers, and contractors of a
reproductive health services facility who have provided requisite
notification, Section 6254.18.

Residence address in any record of Department of Housing and
Community Development, confidentiality of, Section 6254.1.

Residence address in any record of Department of Motor
Vehicles, confidentiality of, Section 6254.1, Government Code,
and Section 1808.21, Vehicle Code.

Residence and mailing addresses in records of Department of
Motor Vehicles, confidentiality of, Section 1810.7, Vehicle Code.

Residential care facilities, confidentiality of resident information,
Section 1568.08, Health and Safety Code.

Residential care facilities for the elderly, confidentiality of client
information, Section 1569.315, Health and Safety Code.

Respiratory care practitioner, professional competency
examination reports, confidentiality of, Section 3756, Business
and Professions Code.

Restraint of trade, civil action by district attorney, confidential
memorandum, Section 16750, Business and Professions Code.

Reward by governor for information leading to arrest and
conviction, confidentiality of person supplying information, Section
1547, Penal Code.

Safe surrender site, confidentiality of information pertaining to
a parent or individual surrendering a child, Section 1255.7, Health
and Safety Code.

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 7579.1 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

7579.1.  

(a) Prior to the discharge of any disabled child or youth
who has an active individualized education program from a public
hospital, proprietary hospital, or residential medical facility
pursuant to Article 5.5 (commencing with Section 56167) of
Chapter 2 of Part 30 of the Education Code, a licensed children’s
institution or foster family home pursuant to Article 5 (commencing
with Section 56155) of Chapter 2 of Part 30 of the Education Code,
or a state hospital begin delete for the developmentally disabled or mentally
disordered end delete begin insert or developmental center end insert , the following shall occur:

(1) The operator of the hospital or medical facility, or the agency
that placed the child in the licensed children’s institution or foster
family home, shall, at least 10 days prior to the discharge of a
disabled child or youth, notify in writing the local educational
agency in which the special education program for the child is
being provided, and the receiving special education local plan area
where the child is being transferred, of the impending discharge.

(2) The operator or placing agency, as part of the written
notification, shall provide the receiving special education local
plan area with a copy of the child’s individualized education
program, the identity of the individual responsible for representing
the interests of the child for educational and related services for
the impending placement, and other relevant information about
the child that will be useful in implementing the child’s
individualized education program in the receiving special education
local plan area.

(b) Once the disabled child or youth has been discharged, it
shall be the responsibility of the receiving local educational agency
to ensure that the disabled child or youth receives an appropriate
educational placement that commences without delay upon his or
her discharge from the hospital, institution, facility, or foster family
home in accordance with Section 56325 of the Education Code.
Responsibility for the provision of special education rests with the
school district of residence of the parent or guardian of the child
unless the child is placed in another hospital, institution, facility,
or foster family home in which case the responsibility of special
education rests with the school district in which the child resides
pursuant to Sections 56156.4, 56156.6, and 56167 of the Education
Code.

(c) Special education local plan area directors shall document
instances where the procedures in subdivision (a) are not being
adhered to and report these instances to the Superintendent of
Public Instruction.

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 12428 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

12428.  

In the event either the Governor or the Legislature
should obtain federal approval to transfer programs receiving
federal support for persons begin delete who have end delete begin insert with end insert an intellectual disability
or begin insert a end insert mental begin insert health end insert disorder from one state department to another
state department under the provisions of Public Law 90-577
(Intergovernmental Cooperation Act of 1968), the Controller shall,
upon approval of the Director of Finance, transfer to a department
designated by the Governor the parts of the appropriation of the
other departments that are related to programs for persons begin delete who
have end delete begin insert with end insert an intellectual disability or begin insert a end insert mental begin insert health end insert disorder,
provided further, that the transfer shall enable the state to make
maximum utilization of available state and federal funds.

begin insert

begin insert SEC. 22. end insert   

end insert

begin insert Section 26640 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

26640.  

The sheriff shall take charge of, safely keep, and keep
a correct account of, all money and valuables found on each
prisoner when delivered at the county jail. Except when otherwise
ordered by a court of competent jurisdiction, the sheriff shall pay
such money or sums therefrom and deliver such valuables or
portions thereof as the prisoner directs and shall pay and deliver
all the remainder of his money and valuables to the prisoner or to
his order upon his release from the jail or to his legal representative
in case of his death or begin delete insanity end delete begin insert legal incapacity to make decisions end insert .

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 26643 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

26643.  

When any prisoner dies or begin delete becomes insane end delete begin insert loses the
legal capacity to make decisions end insert , the sheriff shall make diligent
effort to communicate the fact to friends or relatives of the prisoner,
together with information on the state of the prisoner’s account.

begin insert

begin insert SEC. 24. end insert   

end insert

begin insert Section 26749 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

26749.  

The sheriff shall receive expenses necessarily incurred
in conveying begin delete insane end delete persons to and from the state hospitals and in
conveying persons to and from the state prisons or other state
institutions, or to other destinations for the purpose of deportation
to other states, or in advancing actual traveling expenses to any
person committed to a state institution who is permitted to report
to an institution without escort, which expenses shall be allowed
as provided by Chapter 6 (commencing with Section 4750) of Title
5 of Part 3 of the Penal Code for cases subject to that chapter, and,
otherwise, by the California Victim Compensation and Government
Claims Board and paid by the state.

begin insert

begin insert SEC. 25. end insert   

end insert

begin insert Section 1250 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1250.  

As used in this chapter, “health facility” means begin delete any end delete begin insert a end insert
facility, place, or building that is organized, maintained, and
operated for the diagnosis, care, prevention, and treatment of
human illness, physical or mental, including convalescence and
rehabilitation and including care during and after pregnancy, or
for any one or more of these purposes, for one or more persons,
to which the persons are admitted for a 24-hour stay or longer, and
includes the following types:

(a) “General acute care hospital” means a health facility having
a duly constituted governing body with overall administrative and
professional responsibility and an organized medical staff that
provides 24-hour inpatient care, including the following basic
services: medical, nursing, surgical, anesthesia, laboratory,
radiology, pharmacy, and dietary services. A general acute care
hospital may include more than one physical plant maintained and
operated on separate premises as provided in Section 1250.8. A
general acute care hospital that exclusively provides acute medical
rehabilitation center services, including at least physical therapy,
occupational therapy, and speech therapy, may provide for the
required surgical and anesthesia services through a contract with
another acute care hospital. In addition, a general acute care
hospital that, on July 1, 1983, provided required surgical and
anesthesia services through a contract or agreement with another
acute care hospital may continue to provide these surgical and
anesthesia services through a contract or agreement with an acute
care hospital. The general acute care hospital operated by the State
Department of Developmental Services at Agnews Developmental
Center may, until June 30, 2007, provide surgery and anesthesia
services through a contract or agreement with another acute care
hospital. Notwithstanding the requirements of this subdivision, a
general acute care hospital operated by the Department of
Corrections and Rehabilitation or the Department of Veterans
Affairs may provide surgery and anesthesia services during normal
weekday working hours, and not provide these services during
other hours of the weekday or on weekends or holidays, if the
general acute care hospital otherwise meets the requirements of
this section.

A “general acute care hospital” includes a “rural general acute
care hospital.” However, a “rural general acute care hospital” shall
not be required by the department to provide surgery and anesthesia
services. A “rural general acute care hospital” shall meet either of
the following conditions:

(1) The hospital meets criteria for designation within peer group
six or eight, as defined in the report entitled Hospital Peer Grouping
for Efficiency Comparison, dated December 20, 1982.

(2) The hospital meets the criteria for designation within peer
group five or seven, as defined in the report entitled Hospital Peer
Grouping for Efficiency Comparison, dated December 20, 1982,
and has no more than 76 acute care beds and is located in a census
dwelling place of 15,000 or less population according to the 1980
federal census.

(b) “Acute psychiatric hospital” means a health facility having
a duly constituted governing body with overall administrative and
professional responsibility and an organized medical staff that
provides 24-hour inpatient care for begin delete mentally disordered,
incompetent, end delete begin insert persons with mental health disorders, persons lacking
legal capacity to make decisions, end insert or other patients referred to in
Division 5 (commencing with Section 5000) or Division 6
(commencing with Section 6000) of the Welfare and Institutions
Code, including the following basic services: medical, nursing,
rehabilitative, pharmacy, and dietary services.

(c) (1) “Skilled nursing facility” means a health facility that
provides skilled nursing care and supportive care to patients whose
primary need is for availability of skilled nursing care on an
extended basis.

(2) “Skilled nursing facility” includes a “small house skilled
nursing facility (SHSNF),” as defined in Section 1323.5.

(d) “Intermediate care facility” means a health facility that
provides inpatient care to ambulatory or nonambulatory patients
who have recurring need for skilled nursing supervision and need
supportive care, but who do not require availability of continuous
skilled nursing care.

(e) “Intermediate care facility/developmentally disabled
habilitative” means a facility with a capacity of 4 to 15 beds that
provides 24-hour personal care, habilitation, developmental, and
supportive health services to 15 or fewer persons with
developmental disabilities who have intermittent recurring needs
for nursing services, but have been certified by a physician and
surgeon as not requiring availability of continuous skilled nursing
care.

(f) “Special hospital” means a health facility having a duly
constituted governing body with overall administrative and
professional responsibility and an organized medical or dental staff
that provides inpatient or outpatient care in dentistry or maternity.

(g) “Intermediate care facility/developmentally disabled” means
a facility that provides 24-hour personal care, habilitation,
developmental, and supportive health services to persons with
developmental disabilities whose primary need is for
developmental services and who have a recurring but intermittent
need for skilled nursing services.

(h) “Intermediate care facility/developmentally
disabled-nursing” means a facility with a capacity of 4 to 15 beds
that provides 24-hour personal care, developmental services, and
nursing supervision for persons with developmental disabilities
who have intermittent recurring needs for skilled nursing care but
have been certified by a physician and surgeon as not requiring
continuous skilled nursing care. The facility shall serve medically
fragile persons with developmental disabilities or who demonstrate
significant developmental delay that may lead to a developmental
disability if not treated.

(i) (1) “Congregate living health facility” means a residential
home with a capacity, except as provided in paragraph (4), of no
more than 12 beds, that provides inpatient care, including the
following basic services: medical supervision, 24-hour skilled
nursing and supportive care, pharmacy, dietary, social, recreational,
and at least one type of service specified in paragraph (2). The
primary need of congregate living health facility residents shall
be for availability of skilled nursing care on a recurring,
intermittent, extended, or continuous basis. This care is generally
less intense than that provided in general acute care hospitals but
more intense than that provided in skilled nursing facilities.

(2) Congregate living health facilities shall provide one of the
following services:

(A) Services for persons who are mentally alert, persons with
physical disabilities, who may be ventilator dependent.

(B) Services for persons who have a diagnosis of terminal
illness, a diagnosis of a life-threatening illness, or both. Terminal
illness means the individual has a life expectancy of six months
or less as stated in writing by his or her attending physician and
surgeon. A “life-threatening illness” means the individual has an
illness that can lead to a possibility of a termination of life within
five years or less as stated in writing by his or her attending
physician and surgeon.

(C) Services for persons who are catastrophically and severely
disabled. A person who is catastrophically and severely disabled
means a person whose origin of disability was acquired through
trauma or nondegenerative neurologic illness, for whom it has
been determined that active rehabilitation would be beneficial and
to whom these services are being provided. Services offered by a
congregate living health facility to a person who is catastrophically
disabled shall include, but not be limited to, speech, physical, and
occupational therapy.

(3) A congregate living health facility license shall specify which
of the types of persons described in paragraph (2) to whom a
facility is licensed to provide services.

(4) (A) A facility operated by a city and county for the purposes
of delivering services under this section may have a capacity of
59 beds.

(B) A congregate living health facility not operated by a city
and county servicing persons who are terminally ill, persons who
have been diagnosed with a life-threatening illness, or both, that
is located in a county with a population of 500,000 or more persons,
or located in a county of the 16th class pursuant to Section 28020
of the Government Code, may have not more than 25 beds for the
purpose of serving persons who are terminally ill.

(C) A congregate living health facility not operated by a city
and county serving persons who are catastrophically and severely
disabled, as defined in subparagraph (C) of paragraph (2) that is
located in a county of 500,000 or more persons may have not more
than 12 beds for the purpose of serving persons who are
catastrophically and severely disabled.

(5) A congregate living health facility shall have a
noninstitutional, homelike environment.

(j) (1) “Correctional treatment center” means a health facility
operated by the Department of Corrections and Rehabilitation, the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, or a county, city, or city and county law enforcement
agency that, as determined by the department, provides inpatient
health services to that portion of the inmate population who do not
require a general acute care level of basic services. This definition
shall not apply to those areas of a law enforcement facility that
houses inmates or wards who may be receiving outpatient services
and are housed separately for reasons of improved access to health
care, security, and protection. The health services provided by a
correctional treatment center shall include, but are not limited to,
all of the following basic services: physician and surgeon,
psychiatrist, psychologist, nursing, pharmacy, and dietary. A
correctional treatment center may provide the following services:
laboratory, radiology, perinatal, and any other services approved
by the department.

(2) Outpatient surgical care with anesthesia may be provided,
if the correctional treatment center meets the same requirements
as a surgical clinic licensed pursuant to Section 1204, with the
exception of the requirement that patients remain less than 24
hours.

(3) Correctional treatment centers shall maintain written service
agreements with general acute care hospitals to provide for those
inmate physical health needs that cannot be met by the correctional
treatment center.

(4) Physician and surgeon services shall be readily available in
a correctional treatment center on a 24-hour basis.

(5) It is not the intent of the Legislature to have a correctional
treatment center supplant the general acute care hospitals at the
California Medical Facility, the California Men’s Colony, and the
California Institution for Men. This subdivision shall not be
construed to prohibit the Department of Corrections and
Rehabilitation from obtaining a correctional treatment center
license at these sites.

(k) “Nursing facility” means a health facility licensed pursuant
to this chapter that is certified to participate as a provider of care
either as a skilled nursing facility in the federal Medicare Program
under Title XVIII of the federal Social Security Act (42 U.S.C.
Sec. 1395 et seq.) or as a nursing facility in the federal Medicaid
Program under Title XIX of the federal Social Security Act (42
U.S.C. Sec. 1396 et seq.), or as both.

(l) Regulations defining a correctional treatment center described
in subdivision (j) that is operated by a county, city, or city and
county, the Department of Corrections and Rehabilitation, or the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, shall not become effective prior to, or if effective, shall
be inoperative until January 1, 1996, and until that time these
correctional facilities are exempt from any licensing requirements.

(m) “Intermediate care facility/developmentally
disabled-continuous nursing (ICF/DD-CN)” means a homelike
facility with a capacity of four to eight, inclusive, beds that
provides 24-hour personal care, developmental services, and
nursing supervision for persons with developmental disabilities
who have continuous needs for skilled nursing care and have been
certified by a physician and surgeon as warranting continuous
skilled nursing care. The facility shall serve medically fragile
persons who have developmental disabilities or demonstrate
significant developmental delay that may lead to a developmental
disability if not treated. ICF/DD-CN facilities shall be subject to
licensure under this chapter upon adoption of licensing regulations
in accordance with Section 1275.3. A facility providing continuous
skilled nursing services to persons with developmental disabilities
pursuant to Section 14132.20 or 14495.10 of the Welfare and
Institutions Code shall apply for licensure under this subdivision
within 90 days after the regulations become effective, and may
continue to operate pursuant to those sections until its licensure
application is either approved or denied.

(n) “Hospice facility” means a health facility licensed pursuant
to this chapter with a capacity of no more than 24 beds that
provides hospice services. Hospice services include, but are not
limited to, routine care, continuous care, inpatient respite care, and
inpatient hospice care as defined in subdivision (d) of Section
1339.40, and is operated by a provider of hospice services that is
licensed pursuant to Section 1751 and certified as a hospice
pursuant to Part 418 of Title 42 of the Code of Federal Regulations.

begin insert

begin insert SEC. 26. end insert   

end insert

begin insert Section 1250.2 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1250.2.  

(a) (1) As defined in Section 1250, “health facility”
includes a “psychiatric health facility,” defined to mean a health
facility, licensed by the State Department of Health Care Services,
that provides 24-hour inpatient care for begin delete mentally disordered,
incompetent, end delete begin insert people with mental health disorders, people lacking
legal capacity to make decisions, end insert or other persons described in
Division 5 (commencing with Section 5000) or Division 6
(commencing with Section 6000) of the Welfare and Institutions
Code. This care shall include, but not be limited to, the following
basic services: psychiatry, clinical psychology, psychiatric nursing,
social work, rehabilitation, drug administration, and appropriate
food services for those persons whose physical health needs can
be met in an affiliated hospital or in outpatient settings.

(2) It is the intent of the Legislature that the psychiatric health
facility shall provide a distinct type of service to psychiatric
patients in a 24-hour acute inpatient setting. The State Department
of Health Care Services shall require regular utilization reviews
of admission and discharge criteria and lengths of stay in order to
begin delete assure end delete begin insert ensure end insert that these patients are moved to less restrictive levels
of care as soon as appropriate.

(b) (1) The State Department of Health Care Services may issue
a special permit to a psychiatric health facility for it to provide
structured outpatient services (commonly referred to as SOPS)
consisting of morning, afternoon, or full daytime organized
programs, not exceeding 10 hours, for acute daytime care for
patients admitted to the facility. This subdivision shall not be
construed as requiring a psychiatric health facility to apply for a
special permit to provide these alternative levels of care.

(2) The Legislature recognizes that, with access to structured
outpatient services, as an alternative to 24-hour inpatient care,
certain patients would be provided with effective intervention and
less restrictive levels of care. The Legislature further recognizes
that, for certain patients, the less restrictive levels of care eliminate
the need for inpatient care, enable earlier discharge from inpatient
care by providing a continuum of care with effective aftercare
services, or reduce or prevent the need for a subsequent readmission
to inpatient care.

(c) Any reference in any statute to Section 1250 of the Health
and Safety Code shall be deemed and construed to also be a
reference to this section.

(d) Notwithstanding any other begin delete provision of end delete law, and to the extent
consistent with federal law, a psychiatric health facility shall be
eligible to participate in the medicare program under Title XVIII
of the federal Social Security Act (42 U.S.C. Sec. 1395 et seq.),
and the medicaid program under Title XIX of the federal Social
Security Act (42 U.S.C. Sec. 1396 et seq.), if all of the following
conditions are met:

(1) The facility is a licensed facility.

(2) The facility is in compliance with all related statutes and
regulations enforced by the State Department of Health Care
Services, including regulations contained in Chapter 9
(commencing with Section 77001) of Division 5 of Title 22 of the
California Code of Regulations.

(3) The facility meets the definitions and requirements contained
in subdivisions (e) and (f) of Section 1861 of the federal Social
Security Act (42 U.S.C. Sec. 1395x(e) and (f)), including the
approval process specified in Section 1861(e)(7)(B) of the federal
Social Security Act (42 U.S.C. Sec. 1395x(e)(7)(B)), which
requires that the state agency responsible for licensing hospitals
has begin delete assured end delete begin insert ensured end insert that the facility meets licensing requirements.

(4) The facility meets the conditions of participation for hospitals
pursuant to Part 482 of Title 42 of the Code of Federal Regulations.

begin insert

begin insert SEC. 27. end insert   

end insert

begin insert Section 1267.8 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1267.8.  

(a)  An intermediate care facility/developmentally
disabled habilitative or an intermediate care
facility/developmentally disabled--nursing or a congregate living
health facility shall meet the same fire safety standards adopted
by the State Fire Marshal pursuant to Sections 13113, 13113.5,
13143, and 13143.6 that apply to community care facilities, as
defined in Section 1502, of similar size and with residents of
similar age and ambulatory status. No other state or local
regulations relating to fire safety shall apply to these facilities and
the requirements specified in this section shall be uniformly
enforced by state and local fire authorities.

(b)  An intermediate care facility/developmentally disabled
habilitative or an intermediate care facility/developmentally
disabled--nursing or a congregate living health facility shall meet
the same seismic safety requirements applied to community care
facilities of similar size with residents of similar age and
ambulatory status. No additional requirements relating to seismic
safety shall apply to such facilities.

(c)  Whether or not unrelated persons are living together, an
intermediate care facility/developmentally disabled habilitative
which serves six or fewer persons or an intermediate care
facility/developmentally disabled--nursing which serves six or
fewer persons or a congregate living health facility shall be
considered a residential use of property for the purposes of this
article. In addition, the residents and operators of the facility shall
be considered a family for the purposes of any law or zoning
ordinance begin delete which end delete begin insert that end insert is related to the residential use of property
pursuant to this article.

begin delete

For

end delete

begin insert (d) end insert begin insert   end insert begin insert For end insert the purposes of all local ordinances, an intermediate
care facility/developmentally disabled habilitative begin delete which end delete begin insert that end insert
serves six or fewer persons or an intermediate care
facility/developmentally disabled--nursing begin delete which end delete begin insert that end insert serves six
or fewer persons or a congregate living health facility shall not be
included within the definition of a boarding house, rooming house,
institution or home for the care of minors, the aged, or begin delete the mentally
infirm, end delete begin insert persons with mental health disorders, end insert foster care home,
guest home, rest home, begin delete sanitarium, mental hygiene home, end delete
begin insert community residence, end insert or other similar term begin delete which end delete begin insert that end insert implies that
the intermediate care facility/developmentally disabled habilitative
or intermediate care facility/developmentally disabled--nursing
or a congregate living health facility is a business run for profit or
differs in any other way from a single-family residence.

begin delete

This

end delete

begin insert (e) end insert begin insert   end insert begin insert This end insert section does not forbid begin delete any end delete begin insert a end insert city, county, or other
local public entity from placing restrictions on building heights,
setback, lot dimensions, or placement of signs of an intermediate
care facility/developmentally disabled habilitative begin delete which end delete begin insert that end insert
serves six or fewer persons or an intermediate care
facility/developmentally disabled--nursing begin delete which end delete begin insert that end insert serves six
or fewer persons or a congregate living health facility as long as
begin delete such end delete begin insert those end insert restrictions are identical to those applied to other
single-family residences.

begin delete

This

end delete

begin insert (f) end insert begin insert   end insert begin insert This end insert section does not forbid the application to an
intermediate care facility/developmentally disabled habilitative or
an intermediate care facility/developmentally disabled--nursing
or a congregate living health facility of any local ordinance begin delete which end delete
begin insert that end insert deals with health and safety, building standards, environmental
impact standards, or any other matter within the jurisdiction of a
local public entity, as long as that ordinance does not distinguish
intermediate care facility/developmentally disabled habilitative
begin delete which end delete begin insert that end insert serves six or fewer persons or an intermediate care
begin delete facility/developmenta lly end delete begin insert facility/developmentally end insert
disabled--nursing or a congregate living health facility from other
single-family dwellings and that the ordinance does not distinguish
residents of the intermediate care facility/developmentally disabled
habilitative or intermediate care facility/developmentally
disabled--nursing begin delete which end delete begin insert that end insert serves six or fewer persons or a
congregate living health facility from persons who reside in other
single-family dwellings.

begin delete

No

end delete

begin insert (g) end insert begin insert   end insert begin insert No end insert conditional use permit, zoning variance, or other zoning
clearance shall be required of an intermediate care
facility/developmentally disabled habilitative begin delete which end delete begin insert that end insert serves
six or fewer persons or an intermediate care
facility/developmentally disabled--nursing begin delete which end delete begin insert that end insert serves six
or fewer persons or a congregate living health facility begin delete which end delete begin insert that end insert
is not required of a single-family residence in the same zone.

begin delete

Use

end delete

begin insert (h) end insert begin insert   end insert begin insert Use end insert of a single-family dwelling for purposes of an
intermediate care facility/developmentally disabled habilitative
serving six or fewer persons or an intermediate care
facility/developmentally disabled--nursing begin delete which end delete begin insert that end insert serves six
or fewer persons or a congregate living health facility shall not
constitute a change of occupancy for purposes of Part 1.5
(commencing with Section 17910) of Division 13 or local building
codes. However, nothing in this section supersedes Section 13143
to the extent these provisions are applicable to intermediate care
facility/developmentally disabled habilitative providing care for
six or fewer residents or an intermediate care
facility/developmentally disabled--nursing serving six or fewer
persons or a congregate living health facility.

begin insert

begin insert SEC. 28. end insert   

end insert

begin insert Section 1275.5 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1275.5.  

(a) The regulations relating to the licensing of
hospitals, heretofore adopted by the State Department of Public
Health pursuant to former 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 begin delete any mentally disordered persons, intellectually disabled
persons, and other incompetent persons, end delete begin insert persons with mental health
disorders, persons with developmental disabilities, and persons
who lack legal competence to make decisions end insert heretofore 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 begin delete mentally disordered persons, intellectually disabled persons
and other incompetent persons, end delete begin insert persons with mental health
disorders, persons with developmental disabilities, and persons
who lack legal competence to make decisions end insert required to be
licensed by the provisions of this chapter unless and until begin delete said end delete
begin insert those end insert regulations are readopted, amended, or repealed by the
director.

(c) (1) All regulations relating to the licensing of psychiatric
health facilities heretofore adopted by the State Department of
Health Services, pursuant to authority now vested in the State
Department of Health Care Services by Section 4080 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 Health Care Services 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 Health Care Services.

(2) The State Department of Health Care Services shall succeed
to and be vested with all duties, powers, purposes, functions,
responsibilities, and jurisdiction as they relate to licensing
psychiatric health facilities.

begin insert

begin insert SEC. 29. end insert   

end insert

begin insert Section 1276.5 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1276.5.  

(a) The department shall adopt regulations setting
forth the minimum number of equivalent nursing hours per patient
required in skilled nursing and intermediate care facilities, subject
to the specific requirements of Section 14110.7 of the Welfare and
Institutions Code. However, notwithstanding Section 14110.7 or
any other begin delete provision of end delete law, commencing January 1, 2000, the
minimum number of actual nursing hours per patient required in
a skilled nursing facility shall be 3.2 hours, except as provided in
Section 1276.9.

(b) (1) For the purposes of this section, “nursing hours” means
the number of hours of work performed per patient day by aides,
nursing assistants, or orderlies plus two times the number of hours
worked per patient day by registered nurses and licensed vocational
nurses (except directors of nursing in facilities of 60 or larger
capacity) and, in the distinct part of facilities and freestanding
facilities providing care for begin delete the developmentally disabled or
mentally disordered, end delete begin insert persons with developmental disabilities or
mental health disorders end insert by licensed psychiatric technicians who
perform direct nursing services for patients in skilled nursing and
intermediate care facilities, except when the skilled nursing and
intermediate care facility is licensed as a part of a state hospital,
and except that nursing hours for skilled nursing facilities means
the actual hours of work, without doubling the hours performed
per patient day by registered nurses and licensed vocational nurses.

(2) Concurrent with implementation of the first year of rates
established under the Medi-Cal Long Term Care Reimbursement
Act of 1990 (Article 3.8 (commencing with Section 14126) of
Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions
Code), for the purposes of this section, “nursing hours” means the
number of hours of work performed per patient day by aides,
nursing assistants, registered nurses, and licensed vocational nurses
(except directors of nursing in facilities of 60 or larger capacity)
and, in the distinct part of facilities and freestanding facilities
providing care for begin delete the developmentally disabled or mentally
disordered, end delete begin insert persons with developmental disabilities or mental
health disorders, end insert by licensed psychiatric technicians who
performed direct nursing services for patients in skilled nursing
and intermediate care facilities, except when the skilled nursing
and intermediate care facility is licensed as a part of a state hospital.

(c) Notwithstanding Section 1276, the department shall require
the utilization of a registered nurse at all times if the department
determines that the services of a skilled nursing and intermediate
care facility require the utilization of a registered nurse.

(d) (1) Except as otherwise provided by law, the administrator
of an intermediate care facility/developmentally disabled,
intermediate care facility/developmentally disabled habilitative,
or an intermediate care facility/developmentally disabled--nursing
shall be either a licensed nursing home administrator or a qualified
begin delete mental retardation end delete begin insert intellectual disability end insert professional as defined
in Section 483.430 of Title 42 of the Code of Federal Regulations.

(2) To qualify as an administrator for an intermediate care
facility for the developmentally disabled, a qualified begin delete mental
retardation end delete begin insert intellectual disability end insert professional shall complete at
least six months of administrative training or demonstrate six
months of experience in an administrative capacity in a licensed
health facility, as defined in Section 1250, excluding those facilities
specified in subdivisions (e), (h), and (i).

begin insert

begin insert SEC. 30. end insert   

end insert

begin insert Section 1276.9 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1276.9.  

(a) A special treatment program service unit distinct
part shall have a minimum 2.3 nursing hours per patient per day.

(b) For purposes of this section, “special treatment program
service unit distinct part” means an identifiable and physically
separate unit of a skilled nursing facility or an entire skilled nursing
facility that provides therapeutic programs to an identified begin delete mentally
disordered end delete population group begin insert of persons with mental health
disorders end insert .

(c) For purposes of this section, “nursing hours” means the
number of hours of work performed per patient day by aides,
nursing assistants, or orderlies, plus two times the number of hours
worked per patient day by registered nurses and licensed vocational
nurses (except directors of nursing in facilities of 60 or larger
capacity), and, in the distinct part of facilities and freestanding
facilities providing care for begin delete the developmentally disabled or
mentally disordered, end delete begin insert persons with developmental disabilities or
mental health disorders, end insert by licensed psychiatric technicians who
perform direct nursing services for patients in skilled nursing and
intermediate care facilities, except when the skilled nursing and
intermediate care facility is licensed as a part of a state hospital.

(d) A special treatment program service unit distinct part shall
also have an overall average weekly staffing level of 3.2 hours per
patient per day, calculated without regard to the doubling of nursing
hours, as described in paragraph (1) of subdivision (b) of Section
1276.5, for the special treatment program service unit distinct part.

(e) The calculation of the overall staffing levels in these facilities
for the special treatment program service unit distinct part shall
include staff from all of the following categories:

(1) Certified nurse assistants.

(2) Licensed vocational nurses.

(3) Registered nurses.

(4) Licensed psychiatric technicians.

(5) Psychiatrists.

(6) Psychologists.

(7) Social workers.

(8) Program staff who provide rehabilitation, counseling, or
other therapeutic services.

begin insert

begin insert SEC. 31. end insert   

end insert

begin insert Section 1505.5 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1505.5.  

begin insert (a) end insert begin insert   end insert The director shall adopt regulations authorizing
residential facilities, as defined in Section 1502, to fill unused
capacity on a short-term, time-limited basis to provide temporary
respite care for begin delete frail elderly persons, functionally impaired adults,
or mentally disordered end delete persons begin insert who are frail and elderly, adults
with functional impairments, and persons with mental health
disorders end insert who need 24-hour supervision and who are being cared
for by a caretaker or caretakers. The regulations shall address
provisions for liability coverage and the level of facility
responsibility for routine medical care and medication management,
and may require screening of persons to determine the level of
care required, a physical history completed by the person’s personal
physician, and other alternative admission criteria to protect the
health and safety of persons applying for respite care. The
regulations shall permit these facilities to charge a fee for services
provided, which shall include, but not be limited to, supervision,
room, leisure activities, and meals.

begin delete

No

end delete

begin insert (b) end insert begin insert   end insert begin insert No end insert facility shall accept persons in need of care beyond the
level of care for which that facility is licensed.

begin insert

begin insert SEC. 32. end insert   

end insert

begin insert Section 1566.3 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1566.3.  

(a) Whether or not unrelated persons are living
together, a residential facility that serves six or fewer persons shall
be considered a residential use of property for the purposes of this
article. In addition, the residents and operators of such a facility
shall be considered a family for the purposes of any law or zoning
ordinance begin delete which end delete begin insert that end insert relates to the residential use of property
pursuant to this article.

(b) For the purpose of all local ordinances, a residential facility
that serves six or fewer persons shall not be included within the
definition of a boarding house, rooming house, institution or home
for the care of minors, the aged, or begin delete the mentally infirm, end delete begin insert persons
with mental health disorders, end insert foster care home, guest home, rest
home, begin delete sanitarium, mental hygiene home, end delete begin insert community residence, end insert or
other similar term begin delete which end delete begin insert that end insert implies that the residential facility
is a business run for profit or differs in any other way from a family
dwelling.

(c) This section shall not be construed to prohibit begin delete any end delete begin insert a end insert city,
county, or other local public entity from placing restrictions on
building heights, setback, lot dimensions, or placement of signs
of a residential facility begin delete which end delete begin insert that end insert serves six or fewer persons as
long as begin delete such end delete begin insert those end insert restrictions are identical to those applied to
other family dwellings of the same type in the same zone.

(d) This section shall not be construed to prohibit the application
to a residential care facility of any local ordinance that deals with
health and safety, building standards, environmental impact
standards, or any other matter within the jurisdiction of a local
public entity if the ordinance does not distinguish residential care
facilities begin delete which end delete begin insert that end insert serve six or fewer persons from other family
dwellings of the same type in the same zone and if the ordinance
does not distinguish residents of the residential care facilities from
persons who reside in other family dwellings of the same type in
the same zone. Nothing in this section shall be construed to limit
the ability of a local public entity to fully enforce a local ordinance,
including, but not limited to, the imposition of fines and other
penalties associated with violations of local ordinances covered
by this section.

(e) No conditional use permit, zoning variance, or other zoning
clearance shall be required of a residential facility begin delete which end delete begin insert that end insert serves
six or fewer persons begin delete which end delete begin insert that end insert is not required of a family dwelling
of the same type in the same zone.

(f) Use of a family dwelling for purposes of a residential facility
serving six or fewer persons shall not constitute a change of
occupancy for purposes of Part 1. 5 (commencing with Section
17910) of Division 13 or local building codes. However, nothing
in this section is intended to supersede Section 13143 or 13143.6,
to the extent such sections are applicable to residential facilities
providing care for six or fewer residents.

(g) For the purposes of this section, “family dwelling,” includes,
but is not limited to, single-family dwellings, units in multifamily
dwellings, including units in duplexes and units in apartment
dwellings, mobilehomes, including mobilehomes located in
mobilehome parks, units in cooperatives, units in condominiums,
units in townhouses, and units in planned unit developments.

begin insert

begin insert SEC. 33. end insert   

end insert

begin insert Section 1568.0831 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1568.0831.  

(a) (1) Whether or not unrelated persons are living
together, a residential care facility begin delete which end delete begin insert that end insert serves six or fewer
persons shall be considered a residential use of property for the
purposes of this chapter. In addition, the residents and operators
of the facility shall be considered a family for the purposes of any
law or zoning ordinance begin delete which end delete begin insert that end insert relates to the residential use
of property pursuant to this chapter.

(2) For the purpose of all local ordinances, a residential care
facility begin delete which end delete begin insert that end insert serves six or fewer persons shall not be included
within the definition of a boarding house, rooming house,
institution, guest home, rest home, begin delete sanitarium, mental hygiene
home, end delete begin insert community residence, end insert or other similar term begin delete which end delete begin insert that end insert
implies that the residential care facility is a business run for profit
or differs in any other way from a family dwelling.

(3) This section shall not be construed to prohibit begin delete any end delete begin insert a end insert city,
county, or other local public entity from placing restrictions on
building heights, setback, lot dimensions, or placement of signs
of a residential care facility begin delete which end delete begin insert that end insert serves six or fewer persons
as long as the restrictions are identical to those applied to other
family dwellings of the same type in the same zone.

(4) This section shall not be construed to prohibit the application
to a residential care facility of any local ordinance begin delete which end delete begin insert that end insert deals
with health and safety, building standards, environmental impact
standards, or any other matter within the jurisdiction of a local
public entity if the ordinance does not distinguish residential care
facilities begin delete which end delete begin insert that end insert serve six or fewer persons from other family
dwellings of the same type in the same zone and if the ordinance
does not distinguish residents of residential care facilities from
persons who reside in other family dwellings of the same type in
the same zone.

(5) No conditional use permit, zoning variance, or other zoning
clearance shall be required of a residential care facility begin delete which end delete begin insert that end insert
serves six or fewer persons begin delete which end delete begin insert that end insert is not required of a family
dwelling of the same type in the same zone.

(6) Use of a family dwelling for purposes of a residential care
facility serving six or fewer persons shall not constitute a change
of occupancy for purposes of Part 1.5 (commencing with Section
17910) of Division 13 or local building codes. However, nothing
in this section is intended to supersede Section 13143 or 13143.6,
to the extent these sections are applicable to residential care
facilities serving six or fewer persons.

(b) No fire inspection clearance or other permit, license,
clearance, or similar authorization shall be denied to a residential
care facility because of a failure to comply with local ordinances
from which the facilities are exempt under subdivision (a), provided
that the applicant otherwise qualifies for the fire clearance, license,
permit, or similar authorization.

(c) For the purposes of any contract, deed, or covenant for the
transfer of real property executed on or after January 1, 1979, a
residential care facility begin delete which end delete begin insert that end insert serves six or fewer persons shall
be considered a residential use of property and a use of property
by a single family, notwithstanding any disclaimers to the contrary.

(d) Nothing in this chapter shall authorize the imposition of rent
regulations or controls for licensed residential care facilities.

(e) Licensed residential care facilities shall not be subject to
controls on rent imposed by any state or local agency or other local
government or entity.

begin insert

begin insert SEC. 34. end insert   

end insert

begin insert Section 1569.5 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1569.5.  

begin insert (a) end insert begin insert   end insert The director shall adopt regulations authorizing
residential care facilities for the elderly, as defined in Section
1569.2, to fill unused capacity on a short-term, time-limited basis
to provide temporary respite care for begin delete frail elderly persons,
functionally impaired adults, or mentally disordered end delete persons begin insert who
are frail and elderly, adults who have functional impairments, or
persons with mental health disorders end insert who need 24-hour supervision
and who are being cared for by a caretaker or caretakers. The
regulations shall address provisions for liability coverage and the
level of facility responsibility for routine medical care and
medication management, and may require screening of persons to
determine the level of care required, a physical history completed
by the person’s personal physician, and other alternative admission
criteria to protect the health and safety of persons applying for
respite care. The regulations shall permit these facilities to charge
a fee for the services provided, which shall include, but not be
limited to, supervision, room, leisure activities, and meals.

begin insert (b) end insert begin insert   end insert No facility shall accept persons in need of care beyond the
level of care for which that facility is licensed.

begin insert

begin insert SEC. 35. end insert   

end insert

begin insert Section 1569.85 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1569.85.  

begin insert (a) end insert begin insert   end insert Whether or not unrelated persons are living
together, a residential care facility for the elderly begin delete which end delete begin insert that end insert serves
six or fewer persons shall be considered a residential use of
property for the purposes of this article. In addition, the residents
and operators of the facility shall be considered a family for the
purposes of any law or zoning ordinance begin delete which end delete begin insert that end insert relates to the
residential use of property pursuant to this article.

begin delete

For

end delete

begin insert (b) end insert begin insert   end insert begin insert For end insert the purpose of all local ordinances, a residential care
facility for the elderly begin delete which end delete begin insert that end insert serves six or fewer persons shall
not be included within the definition of a boarding house, rooming
house, institution or home for the care of the aged, guest home,
rest home, begin delete sanitarium, mental hygiene home, end delete begin insert community residence, end insert
or other similar term begin delete which end delete begin insert that end insert implies that the residential care
facility for the elderly is a business run for profit or differs in any
other way from a family dwelling.

begin delete

This

end delete

begin insert (c) end insert begin insert   end insert begin insert This end insert section shall not be construed to forbid begin delete any end delete begin insert a end insert city,
county, or other local public entity from placing restrictions on
building heights, setback, lot dimensions, or placement of signs
of a residential care facility for the elderly begin delete which end delete begin insert that end insert serves six
or fewer persons as long as the restrictions are identical to those
applied to other family dwellings of the same type in the same
zone.

begin delete

This

end delete

begin insert (d) end insert begin insert   end insert begin insert This end insert section shall not be construed to forbid the application
to a residential care facility for the elderly of any local ordinance
begin delete which end delete begin insert that end insert deals with health and safety, building standards,
environmental impact standards, or any other matter within the
jurisdiction of a local public entity if the ordinance does not
distinguish residential care facilities for the elderly begin delete which end delete begin insert that end insert
serve six or fewer persons from other family dwellings of the same
type in the same begin delete zone; end delete begin insert zone end insert and if the ordinance does not
distinguish residents of the residential care facilities for the elderly
from persons who reside in other family dwellings of the same
type in the same zone.

begin delete

No

end delete

begin insert (e) end insert begin insert   end insert begin insert No end insert conditional use permit, zoning variance, or other zoning
clearance shall be required of a residential care facility for the
elderly begin delete which end delete begin insert that end insert serves six or fewer persons begin delete which end delete begin insert that end insert is not
required of a family dwelling of the same type in the same zone.

begin delete

Use

end delete

begin insert (f) end insert begin insert   end insert begin insert Use end insert of a family dwelling for purposes of a residential care
facility for the elderly serving six or fewer persons shall not
constitute a change of occupancy for purposes of Part 1.5
(commencing with Section 17910) of Division 13 or local building
codes. However, nothing in this section is intended to supersede
Section 13143 or 13143.6, to the extent these sections are
applicable to residential care facilities for the elderly providing
care for six or fewer residents.

begin delete

For

end delete

begin insert (g) end insert begin insert   end insert begin insert For end insert the purposes of this section, “family dwelling,” includes,
but is not limited to, single-family dwellings, units in multifamily
dwellings, including units in duplexes and units in apartment
dwellings, mobilehomes, including mobilehomes located in
mobilehome parks, units in cooperatives, units in condominiums,
units in townhouses, and units in planned unit developments.

begin insert

begin insert SEC. 36. end insert   

end insert

begin insert Section 11812.6 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

11812.6.  

In addition to any other services authorized under
this chapter, the department shall urge the county to develop within
existing resources specific policies and procedures to address the
unique treatment problems presented by persons who are begin delete both
mentally disordered and end delete chemically dependent begin insert and also have a
mental health disorder end insert . Priority may be given to developing
policies and procedures that relate to the diagnosis and treatment
of homeless persons who begin delete are mentally disordered end delete begin insert have mental
health disorders end insert and begin insert are end insert chemically dependent.

begin insert

begin insert SEC. 37. end insert   

end insert

begin insert Section 11834.23 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

11834.23.  

begin insert (a) end insert begin insert   end insert Whether or not unrelated persons are living
together, an alcoholism or drug abuse recovery or treatment facility
begin delete which end delete begin insert that end insert serves six or fewer persons shall be considered a
residential use of property for the purposes of this article. In
addition, the residents and operators of begin delete such a end delete begin insert the end insert facility shall be
considered a family for the purposes of any law or zoning ordinance
begin delete which end delete begin insert that end insert relates to the residential use of property pursuant to
this article.

begin delete

For

end delete

begin insert (b) end insert begin insert   end insert begin insert For end insert the purpose of all local ordinances, an alcoholism or
drug abuse recovery or treatment facility begin delete which end delete begin insert that end insert serves six or
fewer persons shall not be included within the definition of a
boarding house, rooming house, institution or home for the care
of minors, the aged, or begin delete the mentally infirm, end delete begin insert persons with mental
health disorders, end insert foster care home, guest home, rest home,
begin delete sanitarium, mental hygiene home, end delete begin insert community residence, end insert or other
similar term begin delete which end delete begin insert that end insert implies that the alcoholism or drug abuse
recovery or treatment home is a business run for profit or differs
in any other way from a single-family residence.

begin delete

This

end delete

begin insert (c) end insert begin insert   end insert begin insert This end insert section shall not be construed to forbid begin delete any end delete begin insert a end insert city,
county, or other local public entity from placing restrictions on
building heights, setback, lot dimensions, or placement of signs
of an alcoholism or drug abuse recovery or treatment facility begin delete which end delete
begin insert that end insert serves six or fewer persons as long as the restrictions are
identical to those applied to other single-family residences.

begin delete

This

end delete

begin insert (d) end insert begin insert   end insert begin insert This end insert section shall not be construed to forbid the application
to an alcoholism or drug abuse recovery or treatment facility of
any local ordinance begin delete which end delete begin insert that end insert deals with health and safety,
building standards, environmental impact standards, or any other
matter within the jurisdiction of a local public entity. However,
the ordinance shall not distinguish alcoholism or drug abuse
recovery or treatment facilities begin delete which end delete begin insert that end insert serve six or fewer
persons from other single-family dwellings or distinguish residents
of alcoholism or drug abuse recovery or treatment facilities from
persons who reside in other single-family dwellings.

begin delete

No

end delete

begin insert (e) end insert begin insert   end insert begin insert No end insert conditional use permit, zoning variance, or other zoning
clearance shall be required of an alcoholism or drug abuse recovery
or treatment facility begin delete which end delete begin insert that end insert serves six or fewer persons that is
not required of a single-family residence in the same zone.

begin delete

Use

end delete

begin insert (f) end insert begin insert   end insert begin insert Use end insert of a single-family dwelling for purposes of an
alcoholism or drug abuse recovery facility serving six or fewer
persons shall not constitute a change of occupancy for purposes
of Part 1.5 (commencing with Section 17910) of Division 13 or
local building codes. However, nothing in this section is intended
to supersede Section 13143 or 13143.6, to the extent those sections
are applicable to alcoholism or drug abuse recovery or treatment
facilities serving six or fewer residents.

begin insert

begin insert SEC. 38. end insert   

end insert

begin insert Section 13113 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

13113.  

(a) Except as otherwise provided in this section, a
person, firm, or corporation shall not establish, maintain, or operate
a hospital, children’s home, children’s nursery, or institution, home
or institution for the care of begin delete aged or senile persons, sanitarium or
institution for insane persons or persons with intellectual
disabilities, end delete begin insert people who are elderly, persons with mental health
disorders or intellectual disabilities, end insert 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 begin delete does end delete begin insert shall end insert 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 where 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 begin delete mentally ill end delete
children begin insert with mental health disorders end insert or children with intellectual
disabilities.

(c) This section begin delete does end delete begin insert shall end insert 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 a portion thereof, is in the planning stage.

begin insert

begin insert SEC. 39. end insert   

end insert

begin insert Section 36130 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

36130.  

The directors of the following departments of state
government shall designate or arrange for the designation of local
liaison personnel to assist each of the Model Cities programs in
the state:

Department of Corrections begin insert and Rehabilitation end insert

Department of Education

Department of Health Care Services

Department of Housing and Community Development

Department of Human Resources Development

Department of Industrial Relations

begin delete

Department of Mental Hygiene

end delete

State Department of Public Health

Department of Public Works

Department of Rehabilitation

Department of Social begin delete Welfare end delete begin insert Services end insert

begin delete Department of the Youth Authority end delete begin insert Department of Corrections
and Rehabilitation, Division of Juvenile Facilities end insert

begin insert

begin insert SEC. 40. end insert   

end insert

begin insert Section 50680 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

50680.  

begin insert (a) end insert begin insert   end insert The Legislature finds and declares that recent
deemphasis of programs of institutional care for begin delete the
developmentally disabled, the mentally disordered, and the
physically disabled end delete begin insert persons with developmental and physical
disabilities and persons with mental health disorders end insert has resulted
in participation by many of those persons in programs of
rehabilitation, education, and social services within the community.
Because of the outpatient status of persons enrolled in those
programs, there is a need to provide housing for them begin delete which end delete begin insert that end insert
will aid in accomplishment and maintenance of the objectives of
those programs, thereby minimizing the numbers of
begin delete developmentally disabled, mentally disordered, and physically
disabled end delete persons begin insert with developmental and physical disabilities and
persons with mental health disorders end insert in public institutions and
improving the quality of life for those persons. In order to assist
in providing the variety of living arrangements required for begin delete such end delete
begin insert this end insert purpose, it is necessary that the state cooperate with cities,
counties, cities and counties, and nonprofit corporations in
obtaining federal housing subsidies therefor.

begin delete

It

end delete

begin insert (b) end insert begin insert   end insert begin insert It end insert is the intent of the Legislature in enacting this chapter to
vest in the department authority to obtain federal housing subsidies
for housing for persons requiring supportive services, as defined
in this part.

begin insert

begin insert SEC. 41. end insert   

end insert

begin insert Section 50684 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

50684.  

As used in this chapter, begin delete “mentally disordered” end delete begin insert “persons
with a mental health disorder end insert begin insert ” end insert means begin insert a person who is end insert affected by
a mental begin insert health end insert disorder rendering the begin delete affected person end delete begin insert individual end insert
eligible to participate in programs of rehabilitation, education, or
social services conducted by or on behalf of a public agency begin delete , and
also means persons affected by such a mental disorder end delete .

begin insert

begin insert SEC. 42. end insert   

end insert

begin insert Section 50685.5 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

50685.5.  

As used in this chapter, “persons requiring supportive
services” means persons who are eligible to receive housing
assistance pursuant to federal law because of financial inability to
provide adequate housing for themselves or persons dependent
upon them, who are or will be participating in programs of
rehabilitation, education, or social services, and who meet any of
the following criteria:

(a) The person shall have been determined to begin delete be developmentally
disabled, end delete begin insert have a developmental disability, end insert but not begin delete requiring end delete begin insert to
require end insert institutional care, by the State Department of
Developmental Services, a regional center established pursuant to
Section 4620 of the Welfare and Institutions Code, or by the
designated representative thereof.

(b) The person shall have been determined to begin delete be mentally
disordered, end delete begin insert have a mental health disorder, end insert but not begin delete requiring end delete begin insert to
require end insert institutional care, by a local director of mental health
services, by the State Department of Health Care Services, or by
the designated representatives thereof.

(c) The person shall have been determined to begin delete be physically
disabled end delete begin insert have a physical disability end insert by the Department of
Rehabilitation or by the designated representatives thereof.

begin insert

begin insert SEC. 43. end insert   

end insert

begin insert Section 50688 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

50688.  

The Legislature finds and declares that proper housing
serves as a stabilizing factor and is an important facet of any
program designed to rehabilitate begin delete mentally disordered,
developmentally disabled, and physically disabled end delete persons begin insert with
mental and physical disabilities and persons who have mental
health disorders end insert and that the disruption of continued occupancy
in a dwelling could cause a setback in treatment in particular cases.
It is, therefore, the intent of the Legislature that persons who have
received housing under a program established pursuant to Section
50680 shall be allowed to continue to receive rental housing
assistance payments subsidies after termination of participation in
a public program of rehabilitation, education, or social services if
the persons meet the criteria established by federal regulations
governing low-rent housing programs.

begin insert

begin insert SEC. 44. end insert   

end insert

begin insert Section 50689 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

50689.  

(a) It is the intent of the Legislature in enacting this
section to provide housing assistance for begin delete the developmentally or
physically disabled, and mentally disordered end delete begin insert persons with
developmental and physical disabilities and persons with mental
health disorders end insert where begin delete such end delete begin insert that end insert assistance is for the purpose of
providing a transition from an institutional to an independent
setting, and where that assistance is administered in the context of
ongoing local programs leading to rehabilitation and independence.

(b) The department shall establish a program for the purpose of
housing assistance for begin delete the physically or developmentally disabled,
or mentally disordered end delete begin insert persons with developmental and physical
disabilities and persons with mental health disorders end insert . The
department shall contract with local agencies or nonprofit
corporations incorporated pursuant to Part 1 (commencing with
Section 9000) of Division 2 of Title 1 of the Corporations Code
begin delete which end delete begin insert that end insert provide supportive services for begin delete such end delete begin insert those end insert individuals,
where those services are designed to provide a transition to
independent living. The local agencies or nonprofit corporation
shall ensure that recipients of housing assistance are income
qualified under guidelines for programs of the federal Department
of Housing and Urban Development under Section 8 of the United
States Housing Act of 1937, as amended (42 U.S.C. Sec. 1437(f)),
and shall not contract for housing begin delete which end delete begin insert that end insert exceeds begin delete such end delete begin insert those end insert
guidelines for fair market rents for the Section 8 program. Public
and private agencies participating in the program established
pursuant to this section shall be those whose program philosophies
and activities conform substantially to the principles of community
living under Chapter 12 (commencing with Section 4830) of
Division 4.5, community residential treatment under Chapter 5
(commencing with Section 5450) of Part 1 of Division 5, and
independent living under Chapter 8 (commencing with Section
19800) of Part 2 of Division 10, of the Welfare and Institutions
Code.

(c)  begin delete Any end delete begin insert A end insert local agency begin delete making application end delete begin insert applying to the
department end insert for housing assistance payments begin delete to the department end delete
shall, in its application, explain how the housing assistance
payments are part of its ongoing programs to establish independent
living for its begin delete disabled end delete clientele. The department, in reviewing these
applications, may consult with the Department of Developmental
Disabilities, the State Department of Health Care Services, and
the Department of Rehabilitation.

(d) In order to receive housing assistance payments for begin delete any end delete begin insert a end insert
specific structure pursuant to the provisions of this section, the
local agency or nonprofit corporation shall not contract for rental
of more than 12 units, or for rental of space for more than 24
persons, in the structure. No individual shall remain in a payment
assisted unit for more than 18 months.

begin insert

begin insert SEC. 45. end insert   

end insert

begin insert Section 10235.8 of the end insert begin insert Insurance Code end insert begin insert is amended
to read: end insert

10235.8.  

No policy may be delivered or issued for delivery in
this state as long-term care insurance if the policy limits or excludes
coverage by type of illness, treatment, medical condition, or
accident, except as to the following:

(a) Preexisting conditions or diseases.

(b) Alcoholism and drug addiction.

(c) Illness, treatment, or a medical condition arising out of any
of the following:

(1) War or act of war, whether declared or undeclared.

(2) Participation in a felony, riot, or insurrection.

(3) Service in the armed forces or units auxiliary thereto.

(4) Suicide, whether begin delete sane or insane end delete begin insert or not the person had mental
capacity to control what he or she was doing end insert , attempted suicide,
or intentionally self-inflicted injury.

(5) Aviation in the capacity of a non-fare-paying passenger.

(d) Treatment provided in a government facility, unless
otherwise required by law, services for which benefits are available
under Medicare or other governmental programs (except Medi-Cal
or medicaid), begin delete any end delete state or federal workers’ compensation,
employer’s liability or occupational disease law, or begin delete any end delete begin insert a end insert motor
vehicle no fault law, services provided by a member of the covered
person’s immediate family, and services for which no charge is
normally made in the absence of insurance.

begin delete

This

end delete

begin insert (e) end insert begin insert   end insert begin insert This end insert section does not prohibit exclusions and limitations by
type of provider or territorial limitations.

begin insert

begin insert SEC. 46. end insert   

end insert

begin insert Section 4662 of the end insert begin insert Labor Code end insert begin insert is amended to read: end insert

4662.  

begin insert (a) end insert begin insert   end insert Any of the following permanent disabilities shall
be conclusively presumed to be total in character:

begin delete

(a)

end delete

begin insert (1) end insert  Loss of both eyes or the sight thereof.

begin delete

(b)

end delete

begin insert (2) end insert  Loss of both hands or the use thereof.

begin delete

(c)

end delete

begin insert (3) end insert  An injury resulting in a practically total paralysis.

begin delete

(d)

end delete

begin insert (4) end insert  An injury to the brain resulting in begin delete incurable end delete begin insert permanent end insert
mental incapacity begin delete or insanity end delete .

begin delete

In

end delete

begin insert (b) end insert begin insert   end insert begin insert In end insert all other cases, permanent total disability shall be
determined in accordance with the fact.

begin insert

begin insert SEC. 47. end insert   

end insert

begin insert Section 2672 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

2672.  

(a) For purposes of this article, “informed consent”
means that a person must knowingly and intelligently, without
duress or coercion, and clearly and explicitly manifest his consent
to the proposed organic therapy to the attending physician.

(b) A person confined shall not be deemed incapable of informed
consent solely by virtue of being diagnosed begin delete as a mentally ill,
disordered, abnormal or mentally defective person end delete begin insert with a mental
health disorder end insert .

(c) A person confined shall be deemed incapable of informed
consent if begin delete such end delete begin insert the end insert person cannot understand, or knowingly and
intelligently act upon, the information specified in Section 2673.

(d) A person confined shall be deemed incapable of informed
consent if begin insert , end insert for any reason begin insert , end insert he begin insert or she end insert cannot manifest his begin insert or her end insert
consent to the attending physician.

begin insert

begin insert SEC. 48. end insert   

end insert

begin insert Section 11151 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

11151.  

Within five days after release of a person convicted of
arson from an institution under the jurisdiction of the begin delete Department
of Mental Hygiene end delete begin insert State Department of State Hospitals end insert , the
Director of begin delete Mental Hygiene end delete begin insert State Hospitals end insert shall send the notice
provided in Section 11150.

begin insert

begin insert SEC. 49. end insert   

end insert

begin insert Section 9201 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

9201.  

(a) Notwithstanding any other statute, if a claim of a
public entity arises under a law, act, or code listed in subdivision
(b):

(1) The public entity may provide a form to be used for the
written notice or request to the public entity required by this
chapter. Where appropriate, the form may require the decedent’s
social security number, if known.

(2) The claim is barred only after written notice or request to
the public entity and expiration of the period provided in the
applicable section. If no written notice or request is made, the
claim is enforceable by the remedies, and is barred at the time,
otherwise provided in the law, act, or code.

(b) 

 

Law, Act, or Code	Applicable Section
Sales and Use Tax Law (com- mencing with Section 6001 of the Revenue and Taxation Code)	Section 6487.1 of the Revenue and Taxation Code
Bradley-Burns Uniform Local Sales and Use Tax Law (com- mencing with Section 7200 of the Revenue and Taxation Code)	Section 6487.1 of the Revenue and Taxation Code
Transactions and Use Tax Law (commencing with Section 7251 of the Revenue and Taxation Code)	Section 6487.1 of the Revenue and Taxation Code
Motor Vehicle Fuel License Tax Law (commencing with Section 7301 of the Revenue and Taxa- tion Code)	Section 7675.1 of the Revenue and Taxation Code
Use Fuel Tax Law (commencing with Section 8601 of the Reve- nue and Taxation Code)	Section 8782.1 of the Revenue and Taxation Code
Administration of Franchise and Income Tax Law (commencing with Section 18401 of the Reve- nue and Taxation Code)	Section 19517 of the Revenue and Taxation Code
Cigarette Tax Law (commenc- ing with Section 30001 of the Revenue and Taxation Code)	Section 30207.1 of the Reve- nue and Taxation Code
Alcoholic Beverage Tax Law (commencing with Section 32001 of the Revenue and Taxa- tion Code)	Section 32272.1 of the Reve- nue and Taxation Code
Unemployment Insurance Code	Section 1090 of the Unemploy- ment Insurance Code
State Hospitals begin delete for the Mentally end delete begin delete Disordered end delete (commencing with Section 7200 of the Welfare and Institutions Code)	Section 7277.1 of the Welfare and Institutions Code
Medi-Cal Act (commencing with Section 14000 of the Wel- fare and Institutions Code)	Section 9202 of the Probate Code
Waxman-Duffy Prepaid Health Plan Act (commencing with Sec- tion 14200 of the Welfare and Institutions Code)	Section 9202 of the Probate Code

 

begin insert

begin insert SEC. 50. end insert   

end insert

begin insert Section 19201 of the end insert begin insert Probate Code end insert begin insert is amended to
read: end insert

19201.  

(a) Notwithstanding any other statute, if a claim of a
public entity arises under a law, act, or code listed in subdivision
(b):

(1) The public entity may provide a form to be used for the
written notice or request to the public entity required by this
chapter. Where appropriate, the form may require the decedent’s
social security number, if known.

(2) The claim is barred only after written notice or request to
the public entity and expiration of the period provided in the
applicable section. If no written notice or request is made, the
claim is enforceable by the remedies, and is barred at the time,
otherwise provided in the law, act, or code.

(b) begin insert   end insert

 

Law, Act, or Code		Applicable Section
Sales and Use Tax Law (commencing with Section 6001 of the Revenue and Taxation Code)		Section 6487.1 of the Revenue and Taxation Code
Bradley-Burns Uniform Local Sales and Use Tax Law (commencing with Section 7200 of the Revenue and Taxation Code)		Section 6487.1 of the Revenue and Taxation Code
Transactions and Use Tax Law (commencing with Section 7251 of the Revenue and Taxation Code)		Section 6487.1 of the Revenue and Taxation Code
Motor Vehicle Fuel License Tax Law (commencing with Section 7301 of the Revenue and Taxation Code)		Section 7675.1 of the Revenue and Taxation Code
Use Fuel Tax Law (commencing with Section 8601 of the Revenue and Taxation Code)		Section 8782.1 of the Revenue and Taxation Code
Administration of Franchise and Income Tax Law (commencing with Section 18401 of the Revenue and Taxation Code)		Section 19517 of the Revenue and Taxation Code
Cigarette Tax Law (commencing with Section 30001 of the Revenue and Taxation Code)		Section 30207.1 of the Revenue and Taxation Code
Alcoholic Beverage Tax Law (commencing with Section 32001 of the Revenue and Taxation Code)		Section 32272.1 of the Revenue and Taxation Code
Unemployment Insurance Code		Section 1090 of the Unemployment Insurance Code
State Hospitals begin delete for the Mentally Disordered end delete (commencing with Section 7200 of the Welfare and Institutions Code)		Section 7277.1 of the Welfare and Institutions Code
Medi-Cal Act (commencing with Section 14000 of the Welfare and Institutions Code)		Section 9202 of the Probate Code
Waxman-Duffy Prepaid Health Plan Act (commencing with Section 14200 of the Welfare and Institutions Code)		Section 9202 of the Probate Code

 

begin insert

begin insert SEC. 51. end insert   

end insert

begin insert Section 734 of the end insert begin insert Public Utilities Code end insert begin insert is amended
to read: end insert

734.  

When complaint has been made to the commission
concerning begin delete any end delete begin insert a end insert rate for begin delete any end delete begin insert a end insert product or commodity furnished
or service performed by begin delete any end delete begin insert a end insert public utility, and the commission
has found, after investigation, that the public utility has charged
an unreasonable, excessive, or discriminatory amount therefor in
violation of any of the provisions of this part, the commission may
order that the public utility make due reparation to the complainant
therefor, with interest from the date of collection if no
discrimination will result from begin delete such end delete begin insert that end insert reparation. No order for
the payment of reparation upon the ground of unreasonableness
shall be made by the commission begin delete in any instance wherein end delete begin insert when end insert
the rate in question has, by formal finding, been declared by the
commission to be reasonable, and no assignment of a reparation
claim shall be recognized by the commission except assignments
by operation of law as in cases of death, begin delete insanity, end delete begin insert lack of legal
capacity to make decisions, end insert bankruptcy, receivership, or order of
court.

begin insert

begin insert SEC. 52. end insert   

end insert

begin insert Section 5301 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

5301.  

If begin delete any end delete begin insert a end insert lot or parcel of land belonging to the United
States, or to the begin delete State end delete begin insert state end insert , or to begin delete any end delete begin insert a end insert county, city, public agent,
mandatory of the government, school board, educational, penal or
reform institution begin insert , end insert or begin delete institution for the feebleminded or the insane, end delete
begin insert facility for the housing of persons with developmental or
intellectual disabilities or mental health disorders end insert is in use in the
performance of begin delete any end delete begin insert a end insert public function, and is included within the
district to be assessed to pay the costs and expenses thereof, the
legislative body may, in the resolution of intention, declare that
begin delete such end delete begin insert the end insert lots or parcels of land, or any of them, shall be omitted
from the assessment thereafter to be made to cover the costs and
expenses of the work.

begin insert

begin insert SEC. 53. end insert   

end insert

begin insert Section 18014 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

18014.  

If begin delete any end delete lots or parcels of land belonging to the United
States, begin delete or end delete to this begin delete State end delete begin insert state, end insert or to begin delete any end delete begin insert a end insert county, city, public agency,
mandatory of the government, school board, educational, penal or
reform institution, or begin delete institution for the feebleminded or the insane end delete
begin insert facility for housing of persons with developmental or intellectual
disabilities or mental health disorders end insert are in use in the performance
of begin delete any end delete begin insert a end insert public function and are included within the assessment
district, the city council may, in the resolution of intention, declare
that begin delete such end delete begin insert the end insert lots or parcels of land, or any of them, shall be omitted
from the assessment thereafter to be made to cover the costs and
expenses of the improvement. If the lots or parcels of land, or any
of them, are omitted from the assessment by the resolution, the
total cost and expense of all work done shall be assessed on the
remaining lots lying within the limits of the assessment district,
without regard to begin delete such end delete begin insert the end insert omitted lots or parcels of land. If the
city declares in the resolution of intention that begin delete said end delete begin insert the end insert lots or
parcels of land, or any of them, shall be included in the assessment,
or if no declaration is made respecting begin delete such end delete begin insert the end insert lots or parcels of
land, or any of them, the city shall be liable for begin delete such end delete begin insert the end insert sums begin delete as
may end delete thereafter begin delete be end delete assessed against begin delete such end delete begin insert the end insert lots or parcels of land,
and begin delete such end delete begin insert the end insert sums shall be payable by the city out of the general
fund unless the city council begin delete shall end delete begin insert , end insert in its resolution of intention
begin delete designate end delete begin insert , designates end insert another fund. However, begin delete any such sums which end delete
begin insert sums that end insert may be assessed against begin delete any such end delete begin insert those end insert lots or parcels
of begin delete land, end delete begin insert land end insert shall not be payable by the city when begin delete such end delete begin insert those end insert sums
are paid by the owner of or the governing body controlling begin delete such end delete
begin insert the end insert lots or parcels of land.

begin insert

begin insert SEC. 54. end insert   

end insert

begin insert Section 18395 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

18395.  

Whenever begin delete any end delete begin insert a end insert lot or parcel of land belonging to the
United States or to the begin delete State of California end delete begin insert state, end insert or to begin delete any end delete begin insert a end insert county,
city, public agent, mandatory of the government, school board,
educational, penal or reform institution, or begin delete institution for the
feeble-minded or the insane end delete begin insert facility for the housing of persons with
developmental or intellectual disabilities or mental health disorders end insert
and being in use in the performance of begin delete any end delete begin insert a end insert public function abuts
the public begin delete streets, end delete begin insert streets end insert in which street lighting systems are
located and are to be improved under the proceedings, the city
council may, by resolution adopted prior to the levy of begin delete any end delete begin insert an end insert
installment assessment, declare that the begin delete said end delete lots or parcels of land
or any of them shall be omitted from the installment assessments
thereafter to be levied to cover the costs and expenses of the
improvement.

begin insert

begin insert SEC. 55. end insert   

end insert

begin insert Section 35466 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

35466.  

begin delete Any end delete begin insert A end insert lot or parcel of land in begin delete any end delete begin insert a end insert public use belonging
to the state or to begin delete any end delete begin insert a end insert county, city, district, or other public
corporation, public agent, mandatory of the government, school
board, educational, begin delete penal, end delete begin insert penal end insert or reform institution, or begin delete institution
for the feebleminded or insane, end delete begin insert facility for the housing of persons
with developmental or intellectual disabilities or mental health
disorders end insert in use in the performance of a public function and lying
within the district is not subject to assessment unless the consent
of its governing body to the assessment is filed with the legislative
body at or prior to the confirmation of the assessment. If begin delete such end delete begin insert that end insert
consent is filed, the land is subject to assessment in the same
manner as other land within the district.

begin delete SEC. 3. end delete
begin insert SEC. 56. end insert   

Section 26306 of the Water Code is amended to read:

26306.  

The provisions of Sections 26304 and 26305 shall not
apply in the following cases:

(a) Where the assessments for which the property was sold were
paid before the sale.

(b) Where the property was redeemed after the sale.

(c) Where the land was not subject to assessment at the time it
was assessed.

(d) Where no assessments were due on the land at the time of
the sale.

(e) Where fraud is established.

(f) Where the deed is void on its face.

(g) Where the owner of the land was, at the time of the sale, a
minor or a person who lacked mental capacity, in which case the
earliest time that the statute of limitations begins to run is when
the disability is removed.

(h) In an action described in Section 26304 or 26305 based on
the alleged ineffectiveness of the collector’s deed to convey the
title to minerals or to oil, gas or other hydrocarbon substances
which was held by one or more persons other than the owner of
the land on the date of the assessment for which the property was
sold.

begin insert

begin insert SEC. 57. end insert   

end insert

begin insert Section 1752.6 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

1752.6.  

The director may, with the approval of the Director of
General Services, enter into contracts with colleges, universities,
and other organizations for the purposes of research in the field of
delinquency and crime prevention and of training special workers,
including teachers, institution employees, probation and parole
officers, social workers and others engaged, whether as volunteers
or for compensation, and whether part time or full time, in the
fields of education, recreation, mental begin delete hygiene, end delete begin insert health, end insert and
treatment and prevention of delinquency.

begin insert

begin insert SEC. 58. end insert   

end insert

begin insert Section 1756 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

1756.  

Notwithstanding any other begin delete provision of end delete law, if, in the
opinion of the Chief Deputy Secretary for the Division of Juvenile
Justice, the rehabilitation of begin delete any mentally disordered, or
developmentally disabled end delete begin insert a end insert person begin insert with a mental health disorder
or a developmental disability who is end insert confined in a state correctional
school may be expedited by treatment at one of the state hospitals
under the jurisdiction of the State Department of State Hospitals
or the State Department of Developmental Services, the Chief
Deputy Secretary for the Division of Juvenile Justice shall certify
that fact to the director of the appropriate department who may
authorize receipt of the person at one of the hospitals for care and
treatment. Upon notification from the director that the person will
no longer benefit from further care and treatment in the state
hospital, the Chief Deputy Secretary for the Division of Juvenile
Justice shall immediately send for, take, and receive the person
back into a state correctional school. begin delete Any end delete begin insert A end insert person placed in a
state hospital under this section who is committed to the authority
shall be released from the hospital upon termination of his or her
commitment unless a petition for detention of that person is filed
under the provisions of Part 1 (commencing with Section 5000)
of Division 5.

begin insert

begin insert SEC. 59. end insert   

end insert

begin insert Section 4011 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4011.  

begin insert (a) end insert begin insert   end insert The State Department of Health Care Services has
jurisdiction over the execution of the laws relating to the care,
custody, and treatment of begin delete mentally disordered end delete persons begin insert with mental
health disorders end insert only to the extent and in the manner provided in
this code. The State Department of State Hospitals shall have
jurisdiction over the execution of the laws relating to care and
treatment of begin delete the mentally ill individuals end delete begin insert persons with mental health
disorders end insert under the custody of the State Department of State
Hospitals.

begin delete

As

end delete

begin insert (b) end insert begin insert   end insert begin insert As end insert used in this division, “establishment” and “institution”
include every hospital, begin delete sanitarium, end delete boarding home, or other place
receiving or caring for begin delete mentally disordered end delete persons begin insert with mental
health disorders end insert .

begin insert

begin insert SEC. 60. end insert   

end insert

begin insert Section 4016 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4016.  

In every place in which a begin delete mentally disordered end delete person
begin insert with a mental health disorder end insert may be involuntarily held, the
persons confined therein shall be permitted access to begin insert , end insert and
examination or inspection of begin insert , end insert copies of this code.

begin insert

begin insert SEC. 61. end insert   

end insert

begin insert Section 4021 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4021.  

begin insert (a) end insert begin insert   end insert When the department has reason to believe that begin delete any end delete
begin insert a end insert person held in custody begin delete as mentally disordered end delete begin insert as having a mental
health disorder end insert is wrongfully deprived of his begin insert or her end insert liberty, or is
cruelly or negligently treated, or that inadequate provision is made
for the skillful medical care, proper supervision, and safekeeping
of begin delete any such end delete begin insert that end insert person, it may ascertain the facts. It may issue
compulsory process for the attendance of witnesses and the
production of papers, and may exercise the powers conferred upon
a referee in a superior court. It may make such orders for the care
and treatment of such person as it deems proper.

begin insert (b) end insert begin insert   end insert Whenever the department undertakes an investigation into
the general management and administration of begin delete any end delete begin insert an end insert establishment
or place of detention for begin delete the mentally disordered, end delete begin insert persons with
mental health disorders, end insert it may give notice of begin delete such end delete begin insert that end insert
investigation to the Attorney General, who shall appear personally
or by deputy, to examine witnesses in attendance and to assist the
department in the exercise of the powers conferred upon it in this
code.

begin insert

begin insert SEC. 62. end insert   

end insert

begin insert Section 4022 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4022.  

When complaint is made to the department regarding
the officers or management of begin delete any end delete begin insert a end insert hospital or institution for begin delete the
mentally disordered, end delete begin insert persons with mental health disorders, end insert or
regarding the management of begin delete any end delete begin insert a end insert person detained therein or
regarding begin delete any end delete begin insert a end insert person held in custody as begin delete mentally disordered, end delete
begin insert having a mental health disorder, end insert the department may, before
making an examination regarding begin delete such end delete begin insert the end insert complaint, require it
to be made in writing and sworn to before an officer authorized to
administer oaths. On receipt of such a complaint, sworn to if so
required, the department shall direct that a copy of the complaint
be served on the authorities of the hospital or institution or the
person against whom complaint is made, together with notice of
the time and place of the investigation, as the department directs.

begin insert

begin insert SEC. 63. end insert   

end insert

begin insert Section 4042 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4042.  

The State Department of State Hospitals shall cooperate
and coordinate with other state and local agencies engaged in
research and evaluation studies. Effort shall be made to coordinate
with research, evaluation, and demonstration efforts of local mental
health programs, state hospitals serving begin delete the mentally disordered, end delete
begin insert persons with mental health disorders, end insert the Department of
Rehabilitation, the State Department of Developmental Services,
the State Department of Health Care Services, universities, and
other special projects conducted or contracted for by the State
Department of State Hospitals.

begin insert

begin insert SEC. 64. end insert   

end insert

begin insert Section 4080 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4080.  

(a) Psychiatric health facilities, as defined in Section
1250.2 of the Health and Safety Code, shall only be licensed by
the State Department of Health Care Services subsequent to
application by counties, county contract providers, or other
organizations pursuant to this part.

(b) (1) For counties or county contract providers that choose
to apply, the local mental health director shall first present to the
local mental health advisory board for its review an explanation
of the need for the facility and a description of the services to be
provided. The local mental health director shall then submit to the
governing body the explanation and description. The governing
body, upon its approval, may submit the application to the State
Department of Health Care Services.

(2) Other organizations that will be applying for licensure and
do not intend to use any Bronzan-McCorquodale funds pursuant
to Section 5707 shall submit to the local mental health director
and the governing body in the county in which the facility is to be
located a written and dated proposal of the services to be provided.
The local mental health director and governing body shall have
30 days during which to provide begin delete any end delete advice and recommendations
regarding licensure, as they deem appropriate. At any time after
the 30-day period, the organizations may then submit their
applications, along with the mental health director’s and governing
body’s advice and recommendations, if any, to the State
Department of Health Care Services.

(c) The State Fire Marshal and other appropriate state agencies,
to the extent required by law, shall cooperate fully with the State
Department of Health Care Services to ensure that the State
Department of Health Care Services approves or disapproves the
licensure applications not later than 90 days after the application
submission by a county, county contract provider, or other
organization.

(d) Every psychiatric health facility and program for which a
license has been issued shall be periodically inspected by a
multidisciplinary team appointed or designated by the State
Department of Health Care Services. The inspection shall be
conducted no less than once every two years and as often as
necessary to ensure the quality of care provided. During the
inspections the review team shall offer begin delete such end delete advice and assistance
to the psychiatric health facility as it deems appropriate.

(e) (1) The program aspects of a psychiatric health facility that
shall be reviewed and may be approved by the State Department
of Health Care Services shall include, but not be limited to:

(A) Activities programs.

(B) Administrative policies and procedures.

(C) Admissions, including provisions for a mental evaluation.

(D) Discharge planning.

(E) Health records content.

(F) Health records services.

(G) Interdisciplinary treatment teams.

(H) Nursing services.

(I) Patient rights.

(J) Pharmaceutical services.

(K) Program space requirements.

(L) Psychiatrist and clinical psychological services.

(M) Rehabilitation services.

(N) Restraint and seclusion.

(O) Social work services.

(P) Space, supplies, and equipment.

(Q) Staffing standards.

(R) Unusual occurrences.

(S) Use of outside resources, including agreements with general
acute care hospitals.

(T) Linguistic access and cultural competence.

(U) Structured outpatient services to be provided under special
permit.

(2) The State Department of Health Care Services has the sole
authority to grant program flexibility.

(f) Commencing July 1, 2013, the State Department of Health
Care Services may adopt regulations regarding psychiatric health
facilities that shall include, but not be limited to, all of the
following:

(1) Procedures by which the State Department of Health Care
Services shall review and may approve the program and facility
requesting licensure as a psychiatric health facility as being in
compliance with program standards established by the department.

(2) Procedures by which the Director of Health Care Services
shall approve, or deny approval of, the program and facility
licensed as a psychiatric health facility pursuant to this section.

(3) Provisions for site visits by the State Department of Health
Care Services for the purpose of reviewing a facility’s compliance
with program and facility standards.

(4) Provisions for the State Department of Health Care Services
for any administrative proceeding regarding denial, suspension,
or revocation of a psychiatric health facility license.

(5) Procedures for the appeal of an administrative finding or
action pursuant to paragraph (4) of this subdivision and subdivision
(j).

(g) Regulations may be adopted by the State Department of
Health Care Services that establish standards for pharmaceutical
services in psychiatric health facilities. Licensed psychiatric health
facilities shall be exempt from requirements to obtain a separate
pharmacy license or permit.

(h) (1) It is the intent of the Legislature that the State
Department of Health Care Services shall license the facility in
order to establish innovative and more competitive and specialized
acute care services.

(2) The State Department of Health Care Services shall review
and may approve the program aspects of public or private facilities,
with the exception of those facilities that are federally certified or
accredited by a nationally recognized commission that accredits
health care facilities, only if the average per diem charges or costs
of service provided in the facility is approximately 60 percent of
the average per diem charges or costs of similar psychiatric services
provided in a general hospital.

(3) (A) When a private facility is accredited by a nationally
recognized commission that accredits health care facilities, the
State Department of Health Care Services shall review and may
approve the program aspects only if the average per diem charges
or costs of service provided in the facility do not exceed
approximately 75 percent of the average per diem charges or costs
of similar psychiatric service provided in a psychiatric or general
hospital.

(B) When a private facility serves county patients, the State
Department of Health Care Services shall review and may approve
the program aspects only if the facility is federally certified by the
federal Centers for Medicare and Medicaid Services and serves a
population mix that includes a proportion of Medi-Cal patients
sufficient to project an overall cost savings to the county, and the
average per diem charges or costs of service provided in the facility
do not exceed approximately 75 percent of the average per diem
charges or costs of similar psychiatric service provided in a
psychiatric or general hospital.

(4) When a public facility is federally certified by the federal
Centers for Medicare and Medicaid Services and serves a
population mix that includes a proportion of Medi-Cal patients
sufficient to project an overall program cost savings with
certification, the State Department of Health Care Services shall
approve the program aspects only if the average per diem charges
or costs of service provided in the facility do not exceed
approximately 75 percent of the average per diem charges or costs
of similar psychiatric service provided in a psychiatric or general
hospital.

(5) (A) The State Department of Health Care Services may set
a lower rate for private or public facilities than that required by
paragraph (3) or (4), if so required by the federal Centers for
Medicare and Medicaid Services as a condition for the receipt of
federal matching funds.

(B) This section does not impose any obligation on any private
facility to contract with a county for the provision of services to
Medi-Cal beneficiaries, and any contract for that purpose is subject
to the agreement of the participating facility.

(6) (A) In using the guidelines specified in this subdivision,
the State Department of Health Care Services shall take into
account local conditions affecting the costs or charges.

(B) In those psychiatric health facilities authorized by special
permit to offer structured outpatient services not exceeding 10
daytime hours, the following limits on per diem rates shall apply:

(i) The per diem charge for patients in both a morning and an
afternoon program on the same day shall not exceed 60 percent of
the facility’s authorized per diem charge for inpatient services.

(ii) The per diem charge for patients in either a morning or
afternoon program shall not exceed 30 percent of the facility’s
authorized per diem charge for inpatient services.

(i) The licensing fees charged for these facilities shall be credited
to the State Department of Health Care Services for its costs
incurred in the review of psychiatric health facility programs, in
connection with the licensing of these facilities.

(j) (1) The State Department of Health Care Services shall
establish a system for the imposition of prompt and effective civil
sanctions against psychiatric health facilities in violation of the
laws and regulations of this state pertaining to psychiatric health
facilities. If the State Department of Health Care Services
determines that there is or has been a failure, in a substantial
manner, on the part of a psychiatric health facility to comply with
the laws and regulations, the Director of Health Care Services may
impose the following sanctions:

(A) Cease and desist orders.

(B) Monetary sanctions, which may be imposed in addition to
the penalties of suspension, revocation, or cease and desist orders.
The amount of monetary sanctions permitted to be imposed
pursuant to this subparagraph shall not be less than fifty dollars
($50) nor more than one hundred dollars ($100) multiplied by the
licensed bed capacity, per day, for each violation. However, the
monetary sanction shall not exceed three thousand dollars ($3,000)
per day. A facility that is assessed a monetary sanction under this
subparagraph, and that repeats the deficiency, may, in accordance
with the regulations adopted pursuant to this subdivision, be subject
to immediate suspension of its license until the deficiency is
corrected.

(2) The State Department of Health Care Services may adopt
regulations necessary to implement this subdivision and paragraph
(5) of subdivision (f) in accordance with the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code).

(k) Proposed changes in the standards or regulations affecting
health facilities that serve begin delete the mentally disordered end delete begin insert persons with
mental health disorders end insert shall be effected only with the review and
coordination of the California Health and Human Services Agency.

(l) In psychiatric health facilities where the clinical director is
not a physician, a psychiatrist, or if one is temporarily not available,
a physician shall be designated who shall direct those medical
treatments and services that can only be provided by, or under the
direction of, a physician.

begin insert

begin insert SEC. 65. end insert   

end insert

begin insert Section 4109.5 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

4109.5.  

(a) Whenever the department proposes the closure of
a state hospital, it shall submit as part of the Governor’s proposed
budget to the Legislature a complete program, to be developed
jointly by the State Department of State Hospitals and the county
in which the state hospital is located, for absorbing as many of the
staff of the hospital into the local mental health programs as may
be needed by the county. Those programs shall include a
redefinition of occupational positions, if necessary, and a
recognition by the counties of licensed psychiatric technicians for
treatment of begin delete the mentally disordered, developmentally disabled, end delete
begin insert persons with developmental disabilities, persons with mental health
disorders, end insert drug abusers, and alcoholics.

(b) The Director of State Hospitals shall submit all plans for the
closure of state hospitals as a report with the department’s budget.
This report shall include all of the following:

(1) The land and buildings affected.

(2) The number of patients affected.

(3) Alternative plans for patients presently in the facilities.

(4) Alternative plans for patients who would have been served
by the facility assuming it was not closed.

(5) A joint statement of the impact of the closure by the
department and affected local treatment programs.

(c) These plans may be submitted to the Legislature until April
1 of each budget year. begin delete Any plans end delete begin insert Plans end insert submitted after that date
shall not be considered until the fiscal year following that in which
it begin delete is being considered end delete begin insert was submitted end insert .

(d) The plan shall not be placed into effect unless the Legislature
specifically approves the plan.

(e) This section shall not apply to the proposed closure of a
developmental center.

begin insert

begin insert SEC. 66. end insert   

end insert

begin insert Section 4119 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4119.  

begin insert (a) end insert begin insert   end insert The State Department of State Hospitals shall
investigate and examine all nonresident persons residing in begin delete any end delete begin insert a end insert
state hospital begin delete for the mentally disordered end delete and shall cause these
persons, when found to be nonresidents as defined in this chapter,
to be promptly and humanely returned under proper supervision
to the states in which they have legal residence. The department
may defer that action by reason of a patient’s medical condition.

begin delete

Prior

end delete

begin insert (b) end insert begin insert   end insert begin insert Prior end insert to returning the judicially committed nonresident to
his or her proper state of residency, the department shall do either
of the following:

begin delete

(a)

end delete

begin insert (1) end insert  Obtain the written consent of the prosecuting attorney of
the committing county, the judicially committed nonresident
person, and the attorney of record for the judicially committed
nonresident person.

begin delete

(b)

end delete

begin insert (2) end insert  In the department’s discretion request a hearing in the
superior court of the committing county requesting a judicial
determination of the proposed transfer, notify the court that the
state of residence has agreed to the transfer, and file the
department’s recommendation with a report explaining the reasons
for its recommendation.

begin delete

The

end delete

begin insert (c) end insert begin insert   end insert begin insert The end insert court shall give notice of begin delete such a end delete begin insert the end insert hearing to the
prosecuting attorney, the judicially committed nonresident person,
the attorney of record for the judicially committed nonresident
person begin insert , end insert and the department, no less than 30 days before the hearing.
At the hearing, the prosecuting attorney and the judicially
committed nonresident person may present evidence bearing on
the intended transfer. After considering all evidence presented, the
court shall determine whether the intended transfer is in the best
interest of begin insert , end insert and for the proper protection of begin insert , end insert the nonresident person
and the public. The court shall use the same procedures and
standard of proof as used in conducting probation revocation
hearings pursuant to Section 1203.2 of the Penal Code.

begin delete

For

end delete

begin insert (d) end insert begin insert   end insert begin insert For end insert the purpose of facilitating the prompt and humane return
of begin delete such end delete begin insert these end insert persons, the State Department of State Hospitals may
enter into reciprocal agreements with the proper boards,
commissions, or officers of other states or political subdivision
thereof for the mutual exchange or return of persons residing in
any state hospital begin delete for the mentally disordered end delete in one state whose
legal residence is in the other, and it may in these reciprocal
agreements vary the period of residence as defined in this chapter
to meet the requirements or laws of the other states.

begin delete

The

end delete

begin insert (e) end insert begin insert   end insert begin insert The end insert department may give written permission for the return
of begin delete any end delete begin insert a end insert resident of this state confined in a public institution in
another state, corresponding to begin delete any end delete begin insert a end insert state hospital begin delete for the mentally
disordered end delete of this state. When a resident is returned to this state
pursuant to this chapter, he or she may be admitted as a voluntary
patient to begin delete any end delete begin insert an end insert institution of the department as designated by
the Director of State Hospitals. If he or she begin delete is mentally disordered end delete
begin insert has a mental health disorder end insert and is a danger to himself or herself
or others, or he or she is gravely disabled, he or she may be
detained and given care and services in accordance with the
provisions of Part 1 (commencing with Section 5000) of Division
5.

begin insert

begin insert SEC. 67. end insert   

end insert

begin insert Section 4120 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4120.  

begin insert (a) end insert begin insert   end insert Except as otherwise provided in this section begin insert , end insert in
determining residence for purposes of being entitled to
hospitalization in this state and for purposes of returning patients
to the states of their residence, an adult person who has lived
continuously in this state for a period of one year and who has not
acquired residence in another state by living continuously therein
for at least one year subsequent to his residence in this state shall
be deemed to be a resident of this state. Except as otherwise
provided in this section a minor is entitled to hospitalization in
this state if the parent or guardian or conservator having custody
of the minor has lived continuously in this state for a period of one
year and has not acquired residence in another state by living
continuously therein for at least one year subsequent to his
residence in this state. begin delete Such end delete begin insert The end insert parent, guardian, or conservator
shall be deemed a resident of this state for the purposes of this
section, and begin delete such end delete begin insert the end insert minor shall be eligible for hospitalization in
this state as a begin delete mentally disordered end delete person begin insert with a mental health
disorder end insert . The eligibility of begin delete such end delete begin insert the end insert minor for hospitalization in
this state ceases when begin delete such end delete begin insert the end insert parent, guardian, or conservator
ceases to be a resident of this state and begin delete such end delete begin insert the end insert minor shall be
transferred to the state of residence of the parent, guardian, or
conservator in accordance with the applicable provisions of this
code. Time spent in a public institution for the care of begin delete the mentally
disordered or developmentally disabled end delete begin insert persons with developmental
disabilities or mental health disorders, end insert or on leave of absence
therefrom begin insert , end insert shall not be counted in determining the matter of
residence in this or another state.

begin delete

Residence

end delete

begin insert (b) end insert begin insert   end insert begin insert Residence end insert acquired in this or in another state shall not be
lost by reason of military service in the begin delete armed forces end delete begin insert Armed Forces end insert
of the United States.

begin insert

begin insert SEC. 68. end insert   

end insert

begin insert Section 4121 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4121.  

begin insert (a) end insert begin insert   end insert All expenses incurred in returning these persons to
other states shall be paid by this state, the person begin insert , end insert or his or her
relatives, but the expense of returning residents of this state shall
be borne by the states making the returns.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert cost and expense incurred in effecting the transportation
of these nonresident persons to the states in which they have
residence shall be advanced from the funds appropriated for that
purpose, or, if necessary, from the money appropriated for the care
of begin delete delinquent or mentally disordered end delete persons begin insert who are delinquent
or have mental health disorders end insert .

begin insert

begin insert SEC. 69. end insert   

end insert

begin insert Section 4132 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4132.  

begin insert (a) end insert begin insert   end insert It is hereby declared that the provisions of this code
reflect the concern of the Legislature that begin delete mentally disordered end delete
persons begin insert with mental health disorders end insert are to be regarded as patients
to be provided care and treatment and not as inmates of institutions
for the purposes of secluding them from the rest of the public.

begin delete

Whenever

end delete

begin insert (b) end insert begin insert   end insert begin insert Whenever end insert any provision of this code heretofore or hereafter
enacted uses the term “inmate,” it shall be construed to mean
“patient.”

begin delete SEC. 4. end delete
begin insert SEC. 70. end insert   

Section 4135 of the Welfare and Institutions Code is
amended to read:

4135.  

The petition for commitment of a person as a mentally
abnormal sex offender, the reports, the court orders, and other
court documents filed in the court in connection therewith shall
not be open to inspection by any other than the parties to the
proceeding, the attorneys for the party or parties, and the State
Department of State Hospitals, except upon the written authority
of a judge of the superior court of the county in which the
proceedings were had.

Records of the supervision, care, and treatment given to a person
committed to the State Department of State Hospitals as a mentally
abnormal sex offender shall not be open to the inspection of any
person not in the employ of the department or of the state hospital,
except that a judge of the superior court may by order permit
examination of those records.

begin insert

begin insert SEC. 71. end insert   

end insert

begin insert Section 4136 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4136.  

(a) Each patient in a state hospital begin delete for the mentally
disordered end delete who has resided in the state hospital for a period of at
least 30 days shall be paid an amount of aid for his or her personal
and incidental needs that, when added to his or her income, equals
twelve dollars and fifty cents ($12.50) per month. If a patient elects
to do so, a patient may save all or any portion of his or her monthly
amount of aid provided for personal and incidental needs for
expenditure in subsequent months.

(b) Each indigent patient in a state hospital begin delete for the mentally
disordered end delete shall be allotted sufficient materials for one letter each
week, including postage in an amount not to exceed the cost of
one stamp for first-class mail for a one-ounce letter, at no cost to
the patient.

(c) Each newly admitted patient, for the first 30 days after his
or her initial admission, shall be allotted sufficient materials for
two letters each week, including postage for first-class mail for up
to two one-ounce letters per week. The hospital administrator shall
ensure that additional writing materials and postage are available
for purchase by patients at the store or canteen on hospital grounds.

(d) For purposes of this section, “indigent patient” means begin delete any end delete
begin insert a end insert patient whose income is no more than twelve dollars and fifty
cents ($12.50) per month.

begin insert

begin insert SEC. 72. end insert   

end insert

begin insert Section 4200 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4200.  

(a) Each state hospital under the jurisdiction of the State
Department of State Hospitals shall have a hospital advisory board
of eight members appointed by the Governor from a list of
nominations submitted to him or her by the boards of supervisors
of counties within each hospital’s designated service area. If a state
hospital provides services for both begin delete the mentally disordered end delete begin insert persons
with mental health disorders end insert and begin delete the developmentally disabled, end delete
begin insert persons with developmental disabilities, end insert there shall be a separate
advisory board for the program provided begin delete the mentally disordered end delete
begin insert to persons with mental health disorders end insert and a separate board for
the program provided begin delete the developmentally disabled end delete begin insert to persons
with developmental disabilities end insert . To the extent feasible, an advisory
board serving a hospital for begin delete the mentally disordered end delete begin insert persons with
mental health disorders end insert shall consist of one member who has been
a patient in a state begin delete mental end delete hospital and two members shall be the
parents, spouse, siblings, or adult children of persons who are or
have been patients in a state begin delete mental end delete hospital, three representatives
of different professional disciplines selected from primary user
counties for patients under Part 1 (commencing with Section 5000)
of Division 5, and two representatives of the general public who
have demonstrated an interest in services to begin delete the mentally disordered end delete
begin insert people with mental health disorders end insert .

(b) Of the members first appointed after the operative date of
the amendments made to this section during the 1975-76 legislative
session, one shall be appointed for a term of two years, and one
for three years. Thereafter, each appointment shall be for the term
of three years, except that an appointment to fill a vacancy shall
be for the unexpired term only. No person shall be appointed to
serve more than a maximum of two terms as a member of the
board.

(c) Notwithstanding any provision of this section, members
serving on the hospital advisory board on the operative date of the
amendments made to this section during the 1987-88 legislative
session, may continue to serve on the board until the expiration of
their term. The Legislature intends that changes in the composition
of the board required by these amendments apply to future
vacancies on the board.

begin insert

begin insert SEC. 73. end insert   

end insert

begin insert Section 4202.5 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

4202.5.  

(a) The chairman of a hospital advisory board advising
a hospital for begin delete the mentally disordered end delete begin insert persons with mental health
disorders end insert shall meet annually with the hospital director, the
community mental health directors, and the chairmen of the mental
health advisory boards representing counties within the hospital’s
designated service area.

(b) The chairmen shall be allowed necessary expenses incurred
in attending begin delete such end delete begin insert these end insert meetings.

(c) It is the intent of the Legislature that the department assist
the development of annual regional meetings required by this
section.

begin insert

begin insert SEC. 74. end insert   

end insert

begin insert Section 4240 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4240.  

The Legislature finds and declares all of the following:

(a) The symptoms and behaviors of persons with serious mental
begin insert health end insert disorders may cause severe disruption of normal family
relationships.

(b) Families are often the principal caregivers, housing
providers, and case managers for family members with serious
mental begin insert health end insert disorders.

(c) Families of persons with serious mental begin insert health end insert disorders
more often than not have little or no legal authority over their adult
begin delete mentally disordered and end delete begin insert family members with mental health
disorders who are end insert sometimes difficult to begin delete manage family members
and consequently end delete begin insert manage. Consequently, they end insert need advice, skills,
emotional support, and guidance to cope with the stressful burden
of caregiving in order to be effective and helpful.

(d) Involved families are of inestimable value to the publicly
funded and professionally operated state and county mental health
system and programs emphasizing self-help can be the best way
to assist families in maintaining the cohesion of family life while
caring for and assisting a begin delete mentally disordered end delete family member begin insert with
a mental health disorder end insert .

(e) Since the state’s mental health resources are limited and are
increasingly being directed on a priority basis toward provision of
services to persons with serious mental begin insert health end insert disorders, informed
and active families helping one another can effectively extend and
amplify the value of state mental health dollars.

begin insert

begin insert SEC. 75. end insert   

end insert

begin insert Section 4241 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4241.  

begin insert (a) end insert begin insert   end insert It is the intent of the Legislature, by this chapter, to
support an organized program of self-help in which families
exchange information, advice, and emotional support to enable
them to maintain and strengthen family life and secure or provide
more effective treatment, care, and rehabilitation for begin delete mentally
disordered end delete family members begin insert with mental health disorders end insert .

begin insert (b) end insert begin insert   end insert It is further the intent of the Legislature to utilize an existing
organized statewide network of families, who have begin delete mentally
disordered end delete family members begin insert with mental health disorders end insert , as a
means of delivering the services designated in this chapter.

begin insert

begin insert SEC. 76. end insert   

end insert

begin insert Section 4243 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4243.  

(a) All funds appropriated for the purposes of this
chapter shall be used to contract with an organization to establish
a statewide network of families who have begin delete mentally disordered end delete
family members begin insert with mental health disorders end insert for the purpose of
providing information, advice, support, and other assistance to
these families.

(b) A request for proposal shall be issued seeking applicants
who are capable of supplying the services specified in Section
4244. The respondent organizations shall demonstrate that they:

(1) Focus their activities exclusively on begin delete the seriously mentally
disordered end delete begin insert persons with serious mental health disorders end insert .

(2) Have experience in successfully working with state agencies,
including, but not limited to, the State Department of State
Hospitals.

(3) Have the ability to reach and involve the target population
as active members.

(4) Have proven experience providing structured self-help
services that benefit the target population.

(5) Have experience holding statewide and local conferences
to educate families and professionals regarding the needs of begin delete the
mentally disordered end delete begin insert persons with mental health disorders end insert .

(6) Have the financial and organizational structure and
experience to manage the funds provided under the proposed
contract.

begin insert

begin insert SEC. 77. end insert   

end insert

begin insert Section 4244 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4244.  

The Director of State Hospitals shall enter into a contract
with the successful bidder to provide services begin delete which end delete begin insert that end insert shall
include, but not be necessarily limited to, all of the following:

(a) Production and statewide dissemination of information to
families regarding methods of obtaining and evaluating services
needed by begin delete mentally disordered end delete family members begin insert with mental health
disorders end insert .

(b) Provision of timely advice, counseling, and other supportive
services to assist families in coping with emotional stress and to
enable them to care for or otherwise assist begin delete mentally disordered end delete
family members begin insert with mental disorders end insert .

(c) Organizing family self-help services in local communities,
accessible to families throughout the state.

(d) Conducting training programs for mental health practitioners
and college and university students to inform current and future
mental health professionals of the needs of families and methods
of utilizing family resources to assist begin delete mentally disordered end delete clients
begin insert with mental health disorders end insert .

begin insert

begin insert SEC. 78. end insert   

end insert

begin insert Section 4304 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4304.  

The primary purpose of a state hospital is the medical
and nursing care of patients begin delete who are mentally disordered end delete begin insert with
mental health disorders end insert . The efforts and direction of the officers
and employees of each state hospital shall be directed to this end.

begin insert

begin insert SEC. 79. end insert   

end insert

begin insert Section 4308 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4308.  

(a) If a vacancy occurs in a hospital under the
jurisdiction of the Director of State Hospitals, he or she shall
appoint, as provided in Section 4301, a clinical director, a hospital
administrator, a hospital director, and program directors.

(b) A hospital administrator shall be a college graduate,
preferably with an advanced degree in hospital, business, or public
administration and shall have had experience in this area. He or
she shall receive a salary that is competitive with other private and
public mental hospital administrators.

(c) A clinical director for a state hospital begin delete for the mentally
disordered end delete shall be a physician who has passed, or shall pass, an
examination for a license to practice medicine in California and
shall be a qualified specialist in a branch of medicine that includes
diseases affecting the brain and nervous system. The clinical
director for begin delete any end delete begin insert a end insert state hospital shall be well qualified by training
or experience to have proven skills in mental hospital program
administration.

(d) The hospital director shall be either the hospital administrator
or the clinical director. He or she shall be selected based on his or
her overall knowledge of the hospital, its programs, and its
relationship to its community, and on his or her demonstrated
abilities to administer a large facility.

(e) The standards for the professional qualifications of a program
director shall be established by the Director of State Hospitals for
each patient program. The director shall not adopt begin delete any end delete regulations
that prohibit a licensed psychiatrist, psychologist, psychiatric
technician, or clinical social worker from employment in a patient
program in any professional, administrative, or technical position;
provided, however, that the program director of a medical-surgical
unit shall be a licensed physician.

(f) If the program director is not a physician, a physician shall
be available to assume responsibility for all those acts of diagnosis,
treatment, or prescribing or ordering of drugs that may only be
performed by a licensed physician.

begin insert

begin insert SEC. 80. end insert   

end insert

begin insert Section 4320 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4320.  

To ensure an adequate supply of licensed psychiatric
technicians for state hospitals begin delete for the mentally disordered end delete , the State
Department of State Hospitals, to the extent necessary, shall
establish in state hospitals begin delete for the mentally disordered end delete a course of
study and training equivalent, as determined by the Board of
Vocational Nursing and Psychiatric Technicians of the State of
California, to the minimum requirements of an accredited program
for psychiatric technicians in the state. No unlicensed psychiatric
technician trainee shall be permitted to perform the duties of a
licensed psychiatric technician as provided by Section 4502 of the
Business and Professions Code unless the trainee performs the
duties pursuant to a plan of supervision approved by the Board of
Vocational Nursing and Psychiatric Technicians of the State of
California as part of the equivalency trainee program. This section
shall not be construed to reduce the effort presently expended by
the community college system or private colleges in training
psychiatric technicians.

begin insert

begin insert SEC. 81. end insert   

end insert

begin insert Section 4410 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4410.  

With the approval of the Department of General Services
and for use in the furtherance of the work of the State Department
of Developmental Services, the director may accept any or all of
the following:

(a) Grants of interest in real property.

(b) Grants of money received by this state from the United
States, the expenditure of which is administered through or under
the direction of any department of this state.

(c) Gifts of money from public agencies or from persons,
organizations, or associations interested in scientific, educational,
charitable, or mental begin delete hygiene end delete begin insert health end insert fields.

begin insert

begin insert SEC. 82. end insert   

end insert

begin insert Section 4417 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4417.  

begin insert (a) end insert begin insert   end insert The State Department of Developmental Services
may:

begin delete

(a)

end delete

begin insert (1) end insert  Disseminate educational information relating to the
prevention, diagnosis and treatment of begin delete intellectual disability end delete
begin insert persons with intellectual disabilities end insert .

begin delete

(b)

end delete

begin insert (2) end insert  Upon request, advise all public officers, organizations and
agencies interested in the developmental disabilities of the people
of the state.

begin delete

(c)

end delete

begin insert (3) end insert  Conduct educational and related work that will tend to
encourage the development of proper begin delete developmental disabilities end delete
facilities begin insert for persons with developmental disabilities end insert throughout
the state.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert department may organize, establish begin insert , end insert and maintain
community mental begin delete hygiene end delete begin insert health end insert clinics for the prevention, early
diagnosis, and treatment of intellectual disability. These clinics
may be maintained only for persons not requiring institutional
care, who voluntarily seek the aid of the clinics. These clinics may
be maintained at the locations in the communities of the state
designated by the director, or at any institution under the
jurisdiction of the department designated by the director.

begin delete

The

end delete

begin insert (c) end insert begin insert   end insert begin insert The end insert department may establish rules and regulations that are
necessary to carry out this section. This section does not authorize
any form of compulsory medical or physical examination,
treatment, or control of any person.

begin insert

begin insert SEC. 83. end insert   

end insert

begin insert Section 4440 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

4440.  

The department has jurisdiction over the following
institutions:

Agnews State Hospital.

Camarillo State Hospital.

Fairview State Hospital.

Frank D. Lanterman State Hospital.

Porterville State Hospital.

Sonoma State Hospital.

begin delete

Stockton State Hospital.

end delete

begin insert

begin insert SEC. 84. end insert   

end insert

begin insert Section 4681.1 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

4681.1.  

(a) The department shall adopt regulations that specify
rates for community care facilities serving persons with
developmental disabilities. The implementation of the regulations
shall be contingent upon an appropriation in the annual Budget
Act for this purpose. These rates shall be calculated on the basis
of a cost model designed by the department begin delete which end delete begin insert that end insert ensures
that aggregate facility payments support the provision of services
to each person in accordance with his or her individual program
plan and applicable program requirements. The cost model shall
reflect cost elements that shall include, but are not limited to, all
of the following:

(1) “Basic living needs” include utilities, furnishings, food,
supplies, incidental transportation, housekeeping, personal care
items, and other items necessary to ensure a quality environment
for persons with developmental disabilities. The amount identified
for the basic living needs element of the rate shall be calculated
as the average projected cost of these items in an economically
and efficiently operated community care facility.

(2) “Direct care” includes salaries, wages, benefits, and other
expenses necessary to supervise or support the person’s functioning
in the areas of self-care and daily living skills, physical
coordination mobility, and behavioral self-control, choice making,
and integration. The amount identified for direct care shall be
calculated as the average projected cost of providing the level of
service required to meet each person’s functional needs in an
economically and efficiently operated community care facility.
The direct care portion of the rate shall reflect specific service
levels defined by the department on the basis of relative resident
need and the individual program plan.

(3) “Special services” include specialized training, treatment,
supervision, or other services begin delete which end delete begin insert that end insert a person’s individual
program plan requires to be provided by the residential facility in
addition to the direct care provided under paragraph (2). The
amount identified for special services shall be calculated for each
individual based on the additional services specified in the person’s
individual program plan and the prevailing rates paid for similar
services in the area. The special services portion of the rate shall
reflect a negotiated agreement between the facility and the regional
center in accordance with Section 4648.

(4) “Indirect costs” include managerial personnel, facility
operation, maintenance and repair, other nondirect care, employee
benefits, contracts, training, travel, licenses, taxes, interest,
insurance, depreciation, and general administrative expenses. The
amount identified for indirect costs shall be calculated as the
average projected cost for these expenses in an economically and
efficiently operated community care facility.

(5) “Property costs” include mortgages, leases, rent, taxes,
capital or leasehold improvements, depreciation, and other
expenses related to the physical structure. The amount identified
for property costs shall be based on the fair rental value of a model
facility begin delete which end delete begin insert that end insert is adequately designed, constructed, and
maintained to meet the needs of persons with developmental
disabilities. The amount identified for property costs shall be
calculated as the average projected fair rental value of an
economically and efficiently operated community care facility.

(b) The cost model shall take into account factors begin delete which end delete begin insert that end insert
include, but are not limited to, all of the following:

(1) Facility size, as defined by the department on the basis of
the number of facility beds licensed by the State Department of
Social Services and vendorized by the regional center.

(2) Specific geographic areas, as defined by the department on
the basis of cost of living and other pertinent economic indicators.

(3) Common levels of direct care, as defined by the department
on the basis of services specific to an identifiable group of persons
as determined through the individual program plan.

(4) Positive outcomes, as defined by the department on the basis
of increased integration, independence, and productivity at the
aggregate facility and individual consumer level.

(5) Owner-operated and staff-operated reimbursement begin insert , end insert which
begin delete shall, end delete begin insert shall end insert not differ for facilities that are required to comply with
the same program requirements.

(c) The rates established for individual community care facilities
serving persons with developmental disabilities shall reflect all of
the model cost elements and rate development factors described
in this section. The cost model design shall include a process for
updating the cost model elements that address variables, including,
but not limited to, all of the following:

(1) Economic trends in California.

(2) New state or federal program requirements.

(3) Changes in the state or federal minimum wage.

(4) Increases in fees, taxes, or other business costs.

(5) Increases in federal supplemental security income/state
supplementary program for the aged, blind, and disabled payments.

(d) Rates established for begin delete developmentally disabled end delete persons begin insert with
developmental disabilities end insert who are also dually diagnosed with a
mental begin insert health end insert disorder may be fixed at a higher rate. The
department shall work with the State Department of Health Care
Services to establish criteria upon which higher rates may be fixed
pursuant to this subdivision. The higher rate for begin delete developmentally
disabled end delete persons begin insert with developmental disabilities end insert who are also
dually diagnosed with a mental begin insert health end insert disorder may be paid when
requested by the director of the regional center and approved by
the Director of Developmental Services.

(e) By January 1, 2001, the department shall prepare proposed
regulations to implement the changes outlined in this section. The
department may use a private firm to assist in the development of
these changes and shall confer with consumers, providers, and
other interested parties concerning the proposed regulations. By
May 15, 2001, and each year thereafter, the department shall
provide the Legislature with annual community care facility rates,
including any draft amendments to the regulations as required. By
July 1, 2001, and each year thereafter, contingent upon an
appropriation in the annual Budget Act for this purpose, the
department shall adopt emergency regulations begin delete which end delete begin insert that end insert establish
the annual rates for community care facilities serving persons with
developmental disabilities for each fiscal year.

(f) During the first year of operation under the revised rate
model, individual facilities shall be held harmless for any reduction
in aggregate facility payments caused solely by the change in
reimbursement methodology.

begin insert

begin insert SEC. 85. end insert   

end insert

begin insert Section 5002 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

5002.  

begin delete Mentally disordered persons end delete begin insert (a) end insert begin insert   end insert begin insert Persons with mental
health disorders end insert and persons impaired by chronic alcoholism may
no longer be judicially committed.

begin delete

Mentally disordered persons

end delete

begin insert (b) end insert begin insert   end insert begin insert Persons with mental health disorders end insert 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.

begin delete

Epileptics

end delete

begin insert (c) end insert begin insert   end insert begin insert Persons with epilepsy end insert may no longer be judicially committed.

begin delete

This

end delete

begin insert (d) end insert begin insert   end insert begin insert This end insert part shall not be construed to repeal or modify laws
relating to the commitment of mentally disordered sex offenders,
persons with an intellectual disability, and mentally disordered
criminal offenders, except as specifically provided in Section
4011.6 of the Penal Code, or as specifically provided in other
statutes.

begin insert

begin insert SEC. 86. end insert   

end insert

begin insert Section 5004 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

5004.  

begin delete Mentally disordered persons and developmentally
disabled persons end delete begin insert Persons with mental health disorders and persons
with developmental disabilities end insert shall receive protection from
criminal acts equal to that provided any other resident in this state.

begin insert

begin insert SEC. 87. end insert   

end insert

begin insert Section 5004.5 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

5004.5.  

begin insert (a) end insert begin insert   end insert Notwithstanding any other begin delete provision of end delete law, a
legal guardian, conservator, or begin delete any end delete other person who reasonably
believes a begin delete mentally disordered or developmentally disabled end delete person
begin insert with a mental health disorder or developmental disability end insert is the
victim of a crime may file a report with an appropriate law
enforcement agency. The report shall specify the nature of the
alleged offense and any pertinent evidence. Notwithstanding any
other begin delete provision of end delete law, the information in begin delete such end delete begin insert that end insert report shall
not be deemed confidential in any manner. No person shall incur
any civil or criminal liability as a result of making begin delete any end delete begin insert a end insert report
authorized by this section unless it can be shown that a false report
was made and the person knew or should have known that the
report was false.

begin delete

Where

end delete

begin insert (b) end insert begin insert   end insert begin insert Where end insert the district attorney of the county in which the alleged
offense occurred finds, based upon the evidence contained in the
report and any other evidence obtained through regular
investigatory procedures, that a reasonable probability exists that
a crime or public offense has been committed and that the begin delete mentally
disordered or developmentally disabled end delete person begin insert with the mental
health disorder or developmental disability end insert is the victim, the district
attorney may file a complaint verified on information and belief.

begin delete

The

end delete

begin insert (c) end insert begin insert   end insert begin insert The end insert filing of a report by a legal guardian, conservator, or
any other person pursuant to this section shall not constitute
evidence that a crime or public offense has been committed and
shall not be considered in any manner by the trier of fact.

begin insert

begin insert SEC. 88. end insert   

end insert

begin insert Section 5115 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

5115.  

The Legislature hereby finds and declares:

(a) It is the policy of this state, as declared and established in
this section and in the Lanterman Developmental Disabilities
Services Act, Division 4.5 (commencing with Section 4500), that
begin delete mentally and physically handicapped end delete persons begin insert with mental health
disorders or physical disabilities end insert are entitled to live in normal
residential surroundings and should not be excluded therefrom
because of their disability.

(b) In order to achieve uniform statewide implementation of the
policies of this section and those of the Lanterman Developmental
Disabilities Services Act, it is necessary to establish the statewide
policy that the use of property for the care of six or fewer begin delete mentally
disordered or otherwise handicapped end delete persons begin insert with mental health
disorders or other disabilities end insert is a residential use of begin delete such end delete begin insert the end insert
property for the purposes of zoning.

begin insert

begin insert SEC. 89. end insert   

end insert

begin insert Section 5116 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

5116.  

begin insert (a) end insert begin insert   end insert Pursuant to the policy stated in Section 5115, a
state-authorized, certified, or licensed family care home, foster
home, or group home serving six or fewer begin delete mentally disordered or
otherwise handicapped end delete persons begin insert with mental health disorders or
other disabilities end insert or dependent and neglected children, shall be
considered a residential use of property for the purposes of zoning
if begin delete such end delete begin insert the end insert homes provide care on a 24-hour-a-day basis.

begin delete

Such

end delete

begin insert (b) end insert begin insert   end insert begin insert These end insert homes shall be a permitted use in all residential zones,
including, but not limited to, residential zones for single-family
dwellings.

begin insert

begin insert SEC. 90. end insert   

end insert

begin insert Section 5250 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

5250.  

If a person is detained for 72 hours under the provisions
of Article 1 (commencing with Section 5150), or under court order
for evaluation pursuant to Article 2 (commencing with Section
5200) or Article 3 (commencing with Section 5225) and has
received an evaluation, he or she may be certified for not more
than 14 days of intensive treatment related to the mental begin insert health end insert
disorder or impairment by chronic alcoholism, under the following
conditions:

(a) The professional staff of the agency or facility providing
evaluation services has analyzed the person’s condition and has
found the person is, as a result of begin insert a end insert mental begin insert health end insert disorder or
impairment by chronic alcoholism, a danger to others, or to himself
or herself, or gravely disabled.

(b) The facility providing intensive treatment is designated by
the county to provide intensive treatment, and agrees to admit the
person. No facility shall be designated to provide intensive
treatment unless it complies with the certification review hearing
required by this article. The procedures shall be described in the
county Short-Doyle plan as required by Section 5651.3.

(c) The person has been advised of the need for, but has not
been willing or able to accept, treatment on a voluntary basis.

(d) (1) Notwithstanding paragraph (1) of subdivision (h) of
Section 5008, a person is not “gravely disabled” if that person can
survive safely without involuntary detention with the help of
responsible family, friends, or others who are both willing and
able to help provide for the person’s basic personal needs for food,
clothing, or shelter.

(2) However, unless they specifically indicate in writing their
willingness and ability to help, family, friends, or others shall not
be considered willing or able to provide this help.

(3) The purpose of this subdivision is to avoid the necessity for,
and the harmful effects of, requiring family, friends, and others to
publicly state, and requiring the certification review officer to
publicly find, that no one is willing or able to assist begin delete the mentally
disordered end delete begin insert a end insert person begin insert with a mental health disorder end insert in providing for
the person’s basic needs for food, clothing, or shelter.

begin insert

begin insert SEC. 91. end insert   

end insert

begin insert Section 5301 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

5301.  

begin insert (a) end insert begin insert   end insert At any time during the 14-day intensive treatment
period the professional person in charge of the licensed health
facility, or his or her designee, may ask the public officer required
by Section 5114 to present evidence at proceedings under this
article to petition the superior court in the county in which the
licensed health facility providing treatment is located for an order
requiring begin delete such end delete begin insert the end insert person to undergo an additional period of
treatment on the grounds set forth in Section 5300. begin delete Such end delete begin insert This end insert
petition shall summarize the facts begin delete which end delete begin insert that end insert support the contention
that the person falls within the standard set forth in Section 5300.
The petition shall be supported by affidavits describing in detail
the behavior begin delete which end delete begin insert that end insert indicates that the person falls within the
standard set forth in Section 5300.

begin delete

Copies

end delete

begin insert (b) end insert begin insert   end insert begin insert Copies end insert of the petition for postcertification treatment and
the affidavits in support thereof shall be served upon the person
named in the petition on the same day as they are filed with the
clerk of the superior court.

begin delete

The

end delete

begin insert (c) end insert begin insert   end insert begin insert The end insert petition shall be in the following form:

  
Petition for Postcertification Treatment of a Dangerous
Person

I, ____, (the professional person in charge of the ____ intensive
treatment facility) (the designee of ____ the professional person
in charge of the ____, treatment facility) in which ____ has been
under treatment pursuant to the certification by ____ and ____,
hereby petition the court for an order requiring ____ to undergo
an additional period of treatment, not to exceed 180 days, pursuant
to the provisions of Article 6 (commencing with Section 5300) of
Chapter 2 of Part 1 of Division 5 of the Welfare and Institutions
Code. begin delete Such end delete begin insert This end insert petition is based upon my allegation that (a) ____
has attempted, inflicted, or made a serious threat of substantial
physical harm upon the person of another after having been taken
into custody, and while in custody, for evaluation, and that, by
reason of mental begin insert health end insert disorder begin delete or mental defect end delete , presents a
demonstrated danger of inflicting substantial physical harm upon
others, or that (b) ____ had attempted or inflicted physical harm
upon the person of another, that act having resulted in his or her
being taken into custody, and that he or she presents, as a result
of mental begin insert health end insert disorder begin delete or mental defect end delete , a demonstrated danger
of inflicting substantial physical harm upon others, or that (c) ____
had made a serious threat of substantial physical harm upon the
person of another within seven days of being taken into custody,
that threat having at least in part resulted in his or her being taken
into custody, and that he or she presents, as a result of mental
begin insert health end insert disorder begin delete or mental defect end delete , a demonstrated danger of
inflicting substantial physical harm upon others.

My allegation is based upon the following facts:

 

 

This allegation is supported by the accompanying affidavits
signed by ____________.

 

Signed

 

begin delete

The

end delete

begin insert (d) end insert begin insert   end insert begin insert The end insert courts may receive the affidavits in evidence and may
allow the affidavits to be read to the jury and the contents thereof
considered in rendering a verdict, unless counsel for the person
named in the petition subpoenas the treating professional person.
If begin delete such end delete begin insert the end insert treating professional person is subpoenaed to testify,
the public officer, pursuant to Section 5114, shall be entitled to a
continuance of the hearing or trial.

begin insert

begin insert SEC. 92. end insert   

end insert

begin insert Section 5304 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

5304.  

(a) The court shall remand a person named in the petition
for postcertification treatment to the custody of the State
Department of State Hospitals or to a licensed health facility
designated by the county of residence of that person for a further
period of intensive treatment begin insert , end insert not to exceed 180 days from the date
of court judgment, if the court or jury finds that the person named
in the petition for postcertification treatment has done any of the
following:

(1) Attempted, inflicted, or made a serious threat of substantial
physical harm upon the person of another after having been taken
into custody, and while in custody, for evaluation and treatment,
and who, as a result of mental begin insert health end insert disorder begin delete or mental defect end delete ,
presents a demonstrated danger of inflicting substantial physical
harm upon others.

(2) Attempted or inflicted physical harm upon the person of
another, that act having resulted in his or her being taken into
custody, and who, as a result of mental begin insert health end insert disorder begin delete or mental
defect end delete , presents a demonstrated danger of inflicting substantial
physical harm upon others.

(3) Expressed a serious threat of substantial physical harm upon
the person of another within seven days of being taken into custody,
that threat having at least in part resulted in his or her being taken
into custody, and who presents, as a result of mental begin insert health end insert disorder
begin delete or mental defect end delete , a demonstrated danger of inflicting substantial
physical harm upon others.

(b) The person shall be released from involuntary treatment at
the expiration of 180 days unless the public officer, pursuant to
Section 5114, files a new petition for postcertification treatment
on the grounds that he or she has attempted, inflicted, or made a
serious threat of substantial physical harm upon another during
his or her period of postcertification treatment, and he or she is a
person who by reason of mental begin insert health end insert disorder begin delete or mental defect end delete ,
presents a demonstrated danger of inflicting substantial physical
harm upon others. The new petition for postcertification treatment
shall be filed in the superior court in which the original petition
for postcertification was filed.

(c) The county from which the person was remanded shall bear
any transportation costs incurred pursuant to this section.

begin insert

begin insert SEC. 93. end insert   

end insert

begin insert Section 5326.5 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

5326.5.  

(a) For purposes of this chapter, “written informed
consent” means that a person knowingly and intelligently, without
duress or coercion, clearly and explicitly manifests consent to the
proposed therapy to the treating physician and in writing on the
standard consent form prescribed in Section 5326.4.

(b) The physician may urge the proposed treatment as the best
one, but may not use, in an effort to gain consent, any reward or
threat, express or implied, nor any other form of inducement or
coercion, including, but not limited to, placing the patient in a
more restricted setting, transfer of the patient to another facility,
or loss of the patient’s hospital privileges. Nothing in this
subdivision shall be construed as in conflict with Section 5326.2.
No one shall be denied any benefits for refusing treatment.

(c) A person confined shall be deemed incapable of written
informed consent if begin delete such end delete begin insert that end insert person cannot understand, or
knowingly and intelligently act upon, the information specified in
Section 5326.2.

(d) A person confined shall not be deemed incapable of refusal
solely by virtue of being diagnosed as begin delete a mentally ill, disordered,
abnormal, or mentally defective person end delete begin insert having a mental health
disorder end insert .

(e) Written informed consent shall be given only after 24 hours
have elapsed from the time the information in Section 5326.2 has
been given.

begin insert

begin insert SEC. 94. end insert   

end insert

begin insert Section 5340 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

5340.  

It is the intention of the Legislature by enacting this
article to provide legal procedures for the custody, evaluation, and
treatment of users of controlled substances. The enactment of this
article shall not be construed to be evidence that begin delete any end delete begin insert a end insert person
subject to its provisions is begin delete mentally disordered end delete begin insert has a mental health
disorder end insert , or evidence that the Legislature considers that begin delete such
persons are mentally disordered end delete begin insert those persons have a mental health
disorder end insert .

begin insert

begin insert SEC. 95. end insert   

end insert

begin insert Section 5350 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

5350.  

A conservator of the person, of the estate, or of the person
and the estate may be appointed for begin delete any end delete begin insert a end insert person who is gravely
disabled as a result of begin insert a end insert mental begin insert health end insert disorder or impairment by
chronic alcoholism.

The procedure for establishing, administering, and terminating
a conservatorship under this chapter shall be the same as that
provided in Division 4 (commencing with Section 1400) of the
Probate Code, except as follows:

(a) A conservator may be appointed for a gravely disabled
minor.

(b) (1) Appointment of a conservator under this part, including
the appointment of a conservator for a person who is gravely
disabled, as defined in subparagraph (A) of paragraph (1) of
subdivision (h) of Section 5008, shall be subject to the list of
priorities in Section 1812 of the Probate Code unless the officer
providing conservatorship investigation recommends otherwise
to the superior court.

(2) In appointing a conservator, as defined in subparagraph (B)
of paragraph (1) of subdivision (h) of Section 5008, the court shall
consider the purposes of protection of the public and the treatment
of the conservatee. Notwithstanding any other provision of this
section, the court shall not appoint the proposed conservator if the
court determines that appointment of the proposed conservator
will not result in adequate protection of the public.

(c) No conservatorship of the estate pursuant to this chapter
shall be established if a conservatorship or guardianship of the
estate exists under the Probate Code. When a gravely disabled
person already has a guardian or conservator of the person
appointed under the Probate Code, the proceedings under this
chapter shall not terminate the prior proceedings but shall be
concurrent with and superior thereto. The superior court may
appoint the existing guardian or conservator of the person or
another person as conservator of the person under this chapter.

(d)  begin insert (1) end insert begin insert   end insert The person for whom conservatorship is sought shall
have the right to demand a court or jury trial on the issue begin insert of end insert whether
he or she is gravely disabled. Demand for court or jury trial shall
be made within five days following the hearing on the
conservatorship petition. If the proposed conservatee demands a
court or jury trial before the date of the hearing as provided for in
Section 5365, the demand shall constitute a waiver of the hearing.

begin delete

Court

end delete

begin insert (2) end insert begin insert   end insert begin insert Court end insert or jury trial shall commence within 10 days of the
date of the demand, except that the court shall continue the trial
date for a period not to exceed 15 days upon the request of counsel
for the proposed conservatee.

begin delete

This

end delete

begin insert (3) end insert begin insert   end insert begin insert This end insert right shall also apply in subsequent proceedings to
reestablish conservatorship.

(e) (1) Notwithstanding subparagraph (A) of paragraph (1) of
subdivision (h) of Section 5008, a person is not “gravely disabled”
if that person can survive safely without involuntary detention
with the help of responsible family, friends, or others who are both
willing and able to help provide for the person’s basic personal
needs for food, clothing, or shelter.

(2) However, unless they specifically indicate in writing their
willingness and ability to help, family, friends, or others shall not
be considered willing or able to provide this help.

(3) The purpose of this subdivision is to avoid the necessity for,
and the harmful effects of, requiring family, friends, and others to
publicly state, and requiring the court to publicly find, that no one
is willing or able to assist begin delete the mentally disordered end delete begin insert a end insert person begin insert with
a mental health disorder end insert in providing for the person’s basic needs
for food, clothing, or shelter.

(4) This subdivision does not apply to a person who is gravely
disabled, as defined in subparagraph (B) of paragraph (1) of
subdivision (h) of Section 5008.

(f) Conservatorship investigation shall be conducted pursuant
to this part and shall not be subject to Section 1826 or Chapter 2
(commencing with Section 1850) of Part 3 of Division 4 of the
Probate Code.

(g) Notice of proceedings under this chapter shall be given to
a guardian or conservator of the person or estate of the proposed
conservatee appointed under the Probate Code.

(h) As otherwise provided in this chapter.

begin insert

begin insert SEC. 96. end insert   

end insert

begin insert Section 5366 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
repealed. end insert

begin delete

5366.  

On or before June 30, 1970, the medical director of each
state hospital for the mentally disordered shall compile a roster of
those mentally disordered or chronic alcoholic patients within the
institution who are gravely disabled. The roster shall indicate the
county from which each such patient was admitted to the hospital
or, if the hospital records indicate that the county of residence of
the patient is a different county, the county of residence. The officer
providing conservatorship investigation for each county shall be
given a copy of the names and pertinent records of the patients
from that county and shall investigate the need for conservatorship
for those patients as provided in this chapter. After his or her
investigation and on or before July 1, 1972, the county officer
providing conservatorship shall file a petition of conservatorship
for those patients that he or she determines may need
conservatorship. Court commitments under the provisions of law
in effect prior to July 1, 1969, of those patients for whom a petition
of conservatorship is not filed shall terminate and the patient shall
be released unless he or she agrees to accept treatment on a
voluntary basis.

Each state hospital and the State Department of State Hospitals
shall make their records concerning those patients available to the
officer providing conservatorship investigation.

end delete

begin insert

begin insert SEC. 97. end insert   

end insert

begin insert Section 5400 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

5400.  

begin insert (a) end insert begin insert   end insert The Director of Health Care Services shall
administer this part and shall adopt rules, regulations, and standards
as necessary. In developing rules, regulations, and standards, the
Director of Health Care Services shall consult with the California
Mental Health Directors Association, the California Mental Health
Planning Council, and the office of the Attorney General. Adoption
of these standards, rules, and regulations shall require approval by
the California Mental Health Directors Association by majority
vote of those present at an official session.

begin insert (b) end insert begin insert   end insert Wherever feasible and appropriate, rules, regulations, and
standards adopted under this part shall correspond to comparable
rules, regulations, and standards adopted under the
Bronzan-McCorquodale Act. These corresponding rules,
regulations, and standards shall include qualifications for
professional personnel.

begin delete

Regulations

end delete

begin insert (c) end insert begin insert   end insert begin insert Regulations end insert adopted pursuant to this part may provide
standards for services for begin delete chronic alcoholics which end delete begin insert persons with
chronic alcoholism that end insert differ from the standards for services for
begin delete the mentally disordered end delete begin insert persons with mental health disorders end insert .

begin insert

begin insert SEC. 98. end insert   

end insert

begin insert Section 5500 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

5500.  

As used in this chapter:

(a) “Advocacy” means those activities undertaken on behalf of
persons who are receiving or have received mental health services
to protect their rights or to secure or upgrade treatment or other
services to which they are entitled.

(b) “Mental health client” or “client” means begin delete any end delete begin insert a end insert person who
is receiving or has received services from a mental health facility,
service begin insert , end insert or program and who has personally or through a guardian
ad litem, entered into an agreement with a county patients’ rights
advocate for the provision of advocacy services.

(c) “Mental health facilities, services, or programs” means begin delete any end delete
begin insert a end insert publicly operated or supported mental health facility or program;
begin delete any end delete begin insert a end insert private facility or program licensed or operated for health
purposes providing services to begin delete mentally disordered end delete persons begin insert with
mental health disorders end insert ; and publicly supported agencies providing
other than mental health services to begin delete mentally disordered end delete clients
begin insert with mental health disorders end insert .

(d) “Independent of providers of service” means that the
advocate has no direct or indirect clinical or administrative
responsibility for any recipient of mental health services in any
mental health facility, program, or service for which he or she
performs advocacy activities.

(e) “County patients’ rights advocate” means begin delete any end delete begin insert an end insert advocate
appointed, or whose services are contracted for, by a local mental
health director.

begin insert

begin insert SEC. 99. end insert   

end insert

begin insert Section 5511 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

5511.  

The Director of State Hospitals or the executive director
of each state hospital begin delete serving mentally disordered persons end delete may
contract with independent persons or agencies to perform patients’
rights advocacy services in state hospitals.

begin insert

begin insert SEC. 100. end insert   

end insert

begin insert Section 5585.10 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

5585.10.  

This part shall be construed to promote the legislative
intent and purposes of this part as follows:

(a) To provide prompt evaluation and treatment of begin delete mentally
disordered end delete minors begin insert with mental health disorders end insert , with particular
priority given to seriously emotionally disturbed children and
adolescents.

(b) To safeguard the rights to due process for minors and their
families through judicial review.

(c) To provide individualized treatment, supervision, and
placement services for gravely disabled minors.

(d) To prevent severe and long-term mental disabilities among
minors through early identification, effective family service
interventions, and public education.

begin insert

begin insert SEC. 101. end insert   

end insert

begin insert Section 5600 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

5600.  

(a) This part shall be known and may be cited as the
Bronzan-McCorquodale Act. This part is intended to organize and
finance community mental health services for begin delete the mentally
disordered end delete begin insert persons with mental health disorders end insert in every county
through locally administered and locally controlled community
mental health programs. It is furthermore intended to better utilize
existing resources at both the state and local levels in order to
improve the effectiveness of necessary mental health services; to
integrate state-operated and community mental health programs
into a unified mental health system; to ensure that all mental health
professions be appropriately represented and utilized in the mental
health programs; to provide a means for participation by local
governments in the determination of the need for and the allocation
of mental health resources under the jurisdiction of the state; and
to provide a means of allocating mental health funds deposited in
the Local Revenue Fund equitably among counties according to
community needs.

(b) With the exception of those referring to Short-Doyle
Medi-Cal services, any other provisions of law referring to the
Short-Doyle Act shall be construed as referring to the
Bronzan-McCorquodale Act.

begin insert

begin insert SEC. 102. end insert   

end insert

begin insert Section 5653 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

5653.  

begin insert (a) end insert begin insert   end insert Optimum use shall be made of appropriate local
public and private organizations, community professional
personnel, and state agencies. Optimum use shall also be made of
federal, state, county, and private funds begin delete which end delete begin insert that end insert may be
available for mental health planning.

begin delete

In

end delete

begin insert (b) end insert begin insert   end insert begin insert In end insert order that maximum utilization be made of federal and
other funds made available to the Department of Rehabilitation,
the Department of Rehabilitation may serve as a contractual
provider under the provisions of a county plan of vocational
rehabilitation services for begin delete the mentally disordered end delete begin insert persons with
mental health disorders end insert .

begin insert

begin insert SEC. 103. end insert   

end insert

begin insert Section 5696 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

5696.  

Prior to the opening of begin delete any end delete begin insert a end insert regional facility, the board
of directors shall develop written admission criteria, approved by
the begin delete Department of the Youth Authority end delete begin insert Department of Corrections
and Rehabilitation, Division of Juvenile Facilities end insert , for those minors
who are most at risk of entering the adult criminal justice system
as begin delete emotionally disordered end delete offenders begin insert who have mental health
disorders and are end insert at high risk of committing predatory and violent
crimes, including, but not limited to, the following requirements:

(a) The minor is at the time of commitment between the ages
of 12 and 18 years, he or she has been adjudged to be a ward of
the juvenile court pursuant to Section 602, and his or her custody
has been placed under the supervision of a probation officer
pursuant to Section 727.

(b) The ward is seriously emotionally disturbed as is evidenced
by a diagnosis from the current edition of the Diagnostic and
Statistical Manual of Mental Disorders and evidences behavior
inappropriate to the ward’s age according to expected
developmental norms. Additionally, all of the following must be
present:

(1) The behavior presents a danger to the community or self
and requires intensive supervision and treatment, but the ward is
not amenable to other private or public residential treatment
programs because his or her behavior requires a secure setting.

(2) The symptomology is both severe and frequent.

(3) The inappropriate behavior is persistent.

begin insert

begin insert SEC. 104. end insert   

end insert

begin insert Section 5699 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

5699.  

(a) The Legislature finds and declares all of the
following:

(1) That mental health case management services required for
children with serious emotional disturbance are different than these
services for begin delete mentally disordered end delete clients begin insert with mental health
disorders end insert described in Chapter 2.5 (commencing with Section
5670).

(2) That mental health case management services for children
with serious emotional disturbance are not defined in statute.

(3) That the development of mental health case management
for these children would begin delete assure end delete begin insert ensure end insert comprehensive appraisal
and utilization of the most appropriate resources within the
children’s environment begin insert , end insert as well as the maintenance and
strengthening of family ties.

(b) It is the intent of the Legislature to encourage the
development of mental health case management services for
children with serious emotional disturbance who are separated or
at risk of being separated from their families and require mental
health treatment, to the extent resources are available. It is further
the intent of the Legislature that mental health case management
for children with serious emotional disturbance in this state be
developed in accordance with the definitions and guidelines
contained in this chapter.

begin insert

begin insert SEC. 105. end insert   

end insert

begin insert Section 5714 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

5714.  

To continue county expenditures for legal proceedings
involving begin delete mentally disordered end delete persons begin insert with mental health
disorders end insert , the following costs incurred in carrying out Part 1
(commencing with Section 5000) of this division shall not be paid
for from funds designated for mental health services.

(a) The costs involved in bringing a person in for 72-hour
treatment and evaluation.

(b) The costs of court proceedings for court-ordered evaluation,
including the service of the court order and the apprehension of
the person ordered to evaluation when necessary.

(c) The costs of court proceedings in cases of appeal from
14-day intensive treatment.

(d) The cost of legal proceedings in conservatorship begin insert , end insert other than
the costs of conservatorship investigation as defined by regulations
of the State Department of Health Care Services.

(e) The court costs in postcertification proceedings.

(f) The cost of providing a public defender or other
court-appointed attorneys in proceedings for those unable to pay.

begin insert

begin insert SEC. 106. end insert   

end insert

begin insert Section 5802 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

5802.  

(a) The Legislature finds that a mental health system of
care for adults and older adults with severe and persistent mental
illness is vital for successful management of mental health care in
California. Specifically:

(1) A comprehensive and coordinated system of care includes
community-based treatment, outreach services and other early
intervention strategies, case management, and interagency system
components required by adults and older adults with severe and
persistent mental illness.

(2) Mentally ill adults and older adults receive service from
many different state and county agencies, particularly criminal
justice, employment, housing, public welfare, health, and mental
health. In a system of care these agencies collaborate in order to
deliver integrated and cost-effective programs.

(3) The recovery of persons with severe mental illness and their
financial means are important for all levels of government,
business, and the community.

(4) System of care services begin delete which end delete begin insert that end insert ensure culturally
competent care for persons with severe mental illness in the most
appropriate, least restrictive level of care are necessary to achieve
the desired performance outcomes.

(5) Mental health service providers need to increase
accountability and further develop methods to measure progress
towards client outcome goals and cost effectiveness as required
by a system of care.

(b) The Legislature further finds that the adult system of care
model, beginning in the 1989-90 fiscal year through the
implementation of Chapter 982 of the Statutes of 1988, provides
models for adults and older adults with severe mental illness that
can meet the performance outcomes required by the Legislature.

(c) The Legislature also finds that the system components
established in adult systems of care are of value in providing
greater benefit to adults and older adults with severe and persistent
mental illness at a lower cost in California.

(d) Therefore, using the guidelines and principles developed
under the demonstration projects implemented under the adult
system of care legislation in 1989, it is the intent of the Legislature
to accomplish the following:

(1) Encourage each county to implement a system of care as
described in this legislation for the delivery of mental health
services to begin delete seriously mentally disordered end delete adults and older adults
begin insert with serious mental illness end insert .

(2) To promote system of care accountability for performance
outcomes begin delete which end delete begin insert that end insert enable adults with severe mental illness to
reduce symptoms begin delete which end delete begin insert that end insert impair their ability to live
independently, work, maintain community supports, care for their
children, stay in good health, not abuse drugs or alcohol, and not
commit crimes.

(3) Maintain funding for the existing pilot adult system of care
programs that meet contractual goals as models and technical
assistance resources for future expansion of system of care
programs to other counties as funding becomes available.

(4) Provide funds for counties to establish outreach programs
and to provide mental health services and related medications,
substance abuse services, supportive housing or other housing
assistance, vocational rehabilitation, and other nonmedical
programs necessary to stabilize homeless begin delete mentally ill end delete persons begin insert who
are mentally ill end insert or begin delete mentally ill end delete persons begin insert who are mentally ill and end insert at
risk of being homeless, get them off the street, and into treatment
and recovery, or to provide access to veterans’ services that will
also provide for treatment and recovery.

begin insert

begin insert SEC. 107. end insert   

end insert

begin insert Section 6000 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

6000.  

(a) Pursuant to applicable rules and regulations
established by the State Department of begin delete Mental Health end delete begin insert State
Hospitals end insert or the State Department of Developmental Services, the
medical director of a state hospital begin delete for the mentally disordered or
developmentally disabled end delete may receive in begin delete such end delete begin insert that end insert hospital, as a
boarder and patient, begin delete any end delete begin insert a end insert person who is a suitable person for care
and treatment in begin delete such end delete begin insert that end insert hospital, upon receipt of a written
application for the admission of the person into the hospital for
care and treatment made in accordance with the following
requirements:

(1) In the case of an adult begin delete person end delete , the application shall be made
voluntarily by the person, at a time when he begin insert or she end insert is in begin delete such end delete begin insert a end insert
condition of mind as to render him begin insert or her end insert competent to make it
or, if he begin insert or she end insert is a conservatee with a conservator of the person
or person and estate who was appointed under Chapter 3
(commencing with Section 5350) of Part 1 of Division 5 with the
right as specified by court order under Section 5358 to place his
begin insert or her end insert conservatee in a state hospital, by his begin insert or her end insert conservator.

(2) In the case of a minor begin delete person end delete , the application shall be made
by his begin insert or her end insert parents, or by the parent, guardian, conservator, or
other person entitled to his begin insert or her end insert custody to begin delete any of such end delete begin insert a end insert mental
begin delete hospitals end delete begin insert hospital end insert as may be designated by the Director of begin delete Mental
Health end delete begin insert State Hospitals end insert or the Director of Developmental Services
to admit minors on voluntary applications. If the minor has a
conservator of the person, or the person and the estate, appointed
under Chapter 3 (commencing with Section 5350) of Part 1 of
Division 5, with the right as specified by court order under Section
5358 to place the conservatee in a state hospital the application
for the minor shall be made by his begin insert or her end insert conservator.

begin delete

Any such

end delete

begin insert (b) end insert begin insert   end insert begin insert A end insert person received in a state hospital shall be deemed a
voluntary patient.

begin delete

Upon

end delete

begin insert (c) end insert begin insert   end insert begin insert Upon end insert the admission of a voluntary patient to a state hospital
the medical director shall immediately forward to the office of the
State Department of begin delete Mental Health end delete begin insert State Hospitals end insert or the State
Department of Developmental Services the record of begin delete such end delete begin insert the end insert
voluntary patient, showing the name, residence, age, sex, place of
birth, occupation, civil condition, date of admission of begin delete such end delete begin insert the end insert
patient to begin delete such end delete begin insert the end insert hospital, and begin delete such end delete other information as begin delete is end delete
required by the rules and regulations of the department.

begin delete

The

end delete

begin insert (d) end insert begin insert   end insert begin insert The end insert charges for the care and keeping of a begin delete mentally
disordered end delete person begin insert with a mental health disorder end insert in a state hospital
shall be governed by the provisions of Article 4 (commencing with
Section 7275) of Chapter 3 of Division 7 relating to the charges
for the care and keeping of begin delete mentally disordered end delete persons begin insert with mental
health disorders end insert in state hospitals.

begin delete

A

end delete

begin insert (e) end insert begin insert   end insert begin insert A end insert voluntary adult patient may leave the hospital or institution
at any time by giving notice of his begin insert or her end insert desire to leave to begin delete any end delete begin insert a end insert
member of the hospital staff and completing normal hospitalization
departure procedures. A conservatee may leave in a like manner
if notice is given by his begin insert or her end insert conservator.

begin delete

A

end delete

begin insert (f) end insert begin insert   end insert begin insert A end insert minor begin delete person end delete who is a voluntary patient may leave the
hospital or institution after completing normal hospitalization
departure procedures after notice is given to the superintendent or
person in charge by the parents, or the parent, guardian,
conservator, or other person entitled to the custody of the minor,
of their desire to remove him begin insert or her end insert from the hospital.

begin delete

No

end delete

begin insert (g) end insert begin insert   end insert begin insert No end insert person received into a state hospital, private mental
institution, or county psychiatric hospital as a voluntary patient
during his begin insert or her end insert minority shall be detained therein after he begin insert or she end insert
reaches the age of begin delete majority, but any such end delete begin insert majority. A end insert person, after
attaining the age of majority, may apply for admission into the
hospital or institution for care and treatment in the manner
prescribed in this section for applications by begin delete adult persons end delete begin insert an adult end insert .

begin delete

(b)

end delete

begin insert (h) end insert  The State Department of begin delete Mental Health end delete begin insert State Hospitals end insert or
the State Department of Developmental Services shall establish
begin delete such end delete rules and regulations begin delete as are end delete necessary to carry out properly
the provisions of this section.

begin delete

(c)

end delete

begin insert (i) end insert  Commencing July 1, 2012, the department shall not admit
any person to a developmental center pursuant to this section.

begin insert

begin insert SEC. 108. end insert   

end insert

begin insert Section 6002 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

6002.  

begin insert (a) end insert begin insert   end insert The person in charge of begin delete any end delete begin insert a end insert private institution,
hospital, begin delete clinic, or sanitarium which end delete begin insert or clinic that end insert is conducted
for, or includes a department or begin delete ward end delete begin insert unit end insert conducted for, the care
and treatment of persons who begin delete are mentally disordered end delete begin insert have mental
health disorders end insert may receive therein as a voluntary patient begin delete any end delete begin insert a end insert
person begin delete suffering from end delete begin insert with end insert a mental begin insert health end insert disorder who is a
suitable person for care and treatment in the institution, hospital,
begin delete clinic, or sanitarium end delete begin insert or clinic end insert who voluntarily makes a written
application to the person in charge for admission into the
institution, hospital, begin delete clinic, or sanitarium, end delete begin insert or clinic end insert and who is begin insert , end insert at
the time of making the application begin insert , end insert mentally competent to make
the application. A conservatee, with a conservator of the person,
or person and estate, appointed under Chapter 3 (commencing with
Section 5350) of Part 1 of Division 5, with the right as specified
by court order under Section 5358 to place his conservatee, may
be admitted upon written application by his begin insert or her end insert conservator.

begin delete

After

end delete

begin insert (b) end insert begin insert   end insert begin insert After end insert the admission of a voluntary patient to a private
institution, hospital, begin delete clinic, or sanitarium end delete begin insert or clinic, end insert the person in
charge shall forward to the office of the State Department of begin delete Mental
Health end delete begin insert State Hospitals end insert a record of the voluntary patient showing
begin delete such end delete begin insert all end insert information begin delete as may be end delete required by rule by the department.

begin delete

A

end delete

begin insert (c) end insert begin insert   end insert begin insert A end insert voluntary adult patient may leave the hospital, clinic, or
institution at any time by giving notice of his begin insert or her end insert desire to leave
to begin delete any end delete begin insert a end insert member of the hospital staff and completing normal
hospitalization departure procedures. A conservatee may leave in
a like manner if notice is given by his begin insert or her end insert conservator.

begin insert

begin insert SEC. 109. end insert   

end insert

begin insert Section 6002.10 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

6002.10.  

begin delete Any end delete begin insert A end insert facility licensed under Chapter 2 (commencing
with Section 1250) of Division 2 of the Health and Safety Code,
to provide inpatient psychiatric treatment, excluding state begin delete hospitals, end delete
begin insert hospitals end insert and county hospitals, shall establish admission procedures
for minors who meet the following criteria:

(a) The minor is 14 years of age begin delete and over end delete begin insert or older end insert , and is under
18 years of age.

(b) The minor is not legally emancipated.

(c) The minor is not detained under Sections 5585.50 and
5585.53.

(d) The minor is not voluntarily committed pursuant to Section
6552.

(e) The minor has not been declared a dependent of the juvenile
court pursuant to Section 300 or a ward of the court pursuant to
Section 602. begin delete The end delete

begin insert (f) end insert begin insert   end insert begin insert The end insert minor’s admitting diagnosis or condition is either of the
following:

(1) A mental begin insert health end insert disorder only. Although resistance to
treatment may be a product of a mental begin insert health end insert disorder, the
resistance shall not, in itself, imply the presence of a mental begin insert health end insert
disorder or constitute evidence that the minor meets the admission
criteria. A minor shall not be considered begin delete mentally disordered end delete begin insert to
have a mental health disorder end insert solely for exhibiting behaviors
specified under Sections 601 and 602.

(2) A mental begin insert health end insert disorder and a substance abuse disorder.

begin insert

begin insert SEC. 110. end insert   

end insert

begin insert Section 6250 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

6250.  

begin insert (a) end insert begin insert   end insert As used in this part, begin delete “persons end delete begin insert “a person end insert subject to
judicial commitment” means begin delete persons end delete begin insert a person end insert who may be
judicially committed under this part as begin insert a end insert mentally disordered sex
begin delete offenders end delete begin insert offender end insert pursuant to Article 1 (commencing with Section
6331), begin insert a end insert sexually violent begin delete predators end delete begin insert predator end insert pursuant to Article 4
(commencing with Section 6600), or begin delete persons end delete begin insert a person end insert with
intellectual disabilities pursuant to Article 2 (commencing with
Section 6500) of Chapter 2.

begin delete

Nothing

end delete

begin insert (b) end insert begin insert   end insert begin insert Nothing end insert in this part shall be held to change or interfere with
the provisions of the Penal Code and other laws relating to begin delete mentally
disordered end delete persons begin insert with mental health disorders who are end insert charged
with begin insert a end insert crime or to begin delete the criminally insane end delete begin insert persons who are found to
be not guilty by reason of insanity end insert .

begin delete

This

end delete

begin insert (c) end insert begin insert   end insert begin insert This end insert 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.

begin insert

begin insert SEC. 111. end insert   

end insert

begin insert Section 6254 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

6254.  

Wherever provision is made in this code for an order of
commitment by a superior court, the order of commitment shall
be in substantially the following form:

 

In the Superior Court of the State of California For the County of ____
The People For the Best Interest and Protection of	⎫ ⎪ ⎪	Order for Care, Hospitalization, or Commitment
as a    ,	⎪
	⎪
and Concerning     and	⎬ ⎪
, Respondents	⎪
	⎭
The petition dated ________, alleging that ________, having been presented to this court on the ________ day of ________, 20__, and an order of detention issued thereon by a judge of the superior court of this county, and a return of the said order:  And it further appearing that the provisions of Sections 6250 to 6254, inclusive, of the Welfare and Institutions Code have been complied with;  And it further appearing that Dr. ________ and Dr. ________, two regularly appointed and qualified medical examiners of this county, have made a personal examination of the alleged ________, and have made and signed the certificate of the medical examiners, which certificate is attached hereto and made a part hereof;  Now therefore, after examination and certificate made as aforesaid, the court is satisfied and believes that ________ is a ________ and is so ________.  It is ordered, adjudged, and decreed:  That ________ is a ________ and that _he  * (a) Be cared for and detained in ________, a county psychiatric hospital, a community mental health service, or a licensed begin delete sanitarium or end delete hospital for the care of begin delete the mentally disordered end delete begin insert persons with mental health disorders end insert until the further order of the court, or  * (b) Be cared for at ________, until the further order of the court, or   * (c) Be committed to the State Department of State Hospitals for placement in a state hospital, or   * (d) Be committed to a facility of the Department of Veterans Affairs or other agency of the United States, to wit: ________ at ________.  It is further ordered and directed that ________ of this county, take, convey, and deliver ________ to the proper authorities of the hospital or establishment designated herein to be cared for as provided by law.
Dated this ________ day of ________, 20__.
Judge of the Superior Court
* Strike out when not applicable.

 

begin insert

begin insert SEC. 112. end insert   

end insert

begin insert Section 6551 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

6551.  

(a) If the court is in doubt as to whether the person begin delete is
mentally disordered or intellectually disabled end delete begin insert has a mental health
disorder or an intellectual disability end insert , the court shall order the
person to be taken to a facility designated by the county and
approved by the State Department of Health Care Services 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 begin insert a end insert mental begin insert health end insert 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.

(b) If the professional person in charge of the facility finds that
the person begin delete is intellectually disabled end delete begin insert has an intellectual disability end insert ,
the juvenile court may direct the filing in any other court of a
petition for the commitment of a minor as an intellectually disabled
person to the State Department of Developmental Services for
placement in a state hospital. In begin delete such end delete begin insert that end insert 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 begin delete such end delete begin insert the end insert 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.

(c) 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 begin delete any end delete begin insert a end insert mental begin insert health end insert disorder requiring intensive
treatment or begin insert an end insert 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.

(d)  begin delete Any expenditure end delete begin insert Expenditure end insert 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.

(e) The jurisdiction of the juvenile court over the minor shall
be suspended during the time that 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 an intellectually disabled person is filed or under
remand for 90 days for intensive treatment or commitment ordered
by the court.

begin insert

begin insert SEC. 113. end insert   

end insert

begin insert Section 6825 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

6825.  

The procedures for handling begin delete mentally disordered end delete persons
begin insert with mental health disorders who are end insert charged with the commission
of public offenses are provided for in Section 1026 of the Penal
Code and in Chapter 6 (commencing with Section 1365), Title 10,
Part 2 of the Penal Code.

begin insert

begin insert SEC. 114. end insert   

end insert

begin insert Section 7100 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

7100.  

(a) The board of supervisors of each county may
maintain in the county hospital or in any other hospital situated
within or without the county or in any other psychiatric health
facility situated within or without the county, suitable facilities
and nonhospital or hospital service for the detention, supervision,
care, and treatment of persons who begin delete are mentally disordered or
developmentally disabled end delete begin insert have a mental health disorder or a
developmental disability end insert , or who are alleged to be such.

(b) The county may contract with public or private hospitals for
those facilities and hospital service when they are not suitably
available in begin delete any end delete begin insert an end insert institution, psychiatric facility, or establishment
maintained or operated by the county.

(c) The facilities and services for begin delete the mentally disordered and
allegedly mentally disordered end delete begin insert persons who have, or are alleged
to have, a mental health disorder end insert shall be subject to the approval
of the State Department of Health Care Services, and the facilities
and services for begin delete the developmentally disabled and allegedly
developmentally disabled end delete begin insert persons who have, or are alleged to
have, a developmental disability end insert shall be subject to the approval
of the State Department of Developmental Services. The
professional person having charge and control of the hospital or
psychiatric health facility shall allow the department whose
approval is required to make investigations thereof as it deems
necessary at any time.

(d) Nothing in this chapter means that begin delete mentally disordered or
developmentally disabled end delete persons begin insert who have a mental health
disorder or a developmental disability end insert may not be detained,
supervised, cared for, or treated, subject to the right of inquiry or
investigation by the department, in their own homes, or the homes
of their relatives or friends, or in a licensed establishment.

begin insert

begin insert SEC. 115. end insert   

end insert

begin insert Section 7200 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

7200.  

There are in the state the following state hospitals for
the care, treatment, and education of begin delete the mentally disordered end delete
begin insert persons with mental health disorders end insert :

(a) Metropolitan State Hospital near the City of Norwalk, Los
Angeles County.

(b) Atascadero State Hospital near the City of Atascadero, San
Luis Obispo County.

(c) Napa State Hospital near the City of Napa, Napa County.

(d) Patton State Hospital near the City of San Bernardino, San
Bernardino County.

(e) Coalinga State Hospital near the City of Coalinga, Fresno
County.

begin insert

begin insert SEC. 116. end insert   

end insert

begin insert Section 7201 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

7201.  

All of the institutions under the jurisdiction of the State
Department of State Hospitals shall be governed by the uniform
rules and regulations of the State Department of State Hospitals
and all of the provisions of Part 2 (commencing with Section 4100)
of Division 4 of this code on the administration of state institutions
begin delete for the mentally disordered end delete begin insert serving persons with mental health
disorders end insert shall apply to the conduct and management of the state
hospitals begin delete for the mentally disordered end delete . All of the institutions under
the jurisdiction of the State Department of Developmental Services
shall be governed by the uniform rules and regulations of the State
Department of Developmental Services and, except as provided
in Chapter 4 (commencing with Section 7500) of this division, all
of the provisions of Part 2 (commencing with Section 4440) of
Division 4.1 of this code on the administration of state institutions
begin delete for the developmentally disabled end delete begin insert serving persons with
developmental disabilities end insert shall apply to the conduct and
management of the state hospitals for begin delete the developmentally disabled end delete
begin insert persons with developmental disabilities end insert .

begin insert

begin insert SEC. 117. end insert   

end insert

begin insert Section 7226 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

7226.  

The State Department of State Hospitals may admit to
any state hospital begin delete for the mentally disordered end delete , if there is room
therein, any begin delete mentally disordered end delete soldier or sailor in the service of
the United States begin insert who has a mental health disorder end insert on begin delete such end delete terms
begin delete as are end delete agreed upon between the department and the properly
authorized agents, officers, or representatives of the United States
government.

begin insert

begin insert SEC. 118. end insert   

end insert

begin insert Section 7227 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

7227.  

begin delete Mentally disordered prisoners end delete begin insert Prisoners who have mental
health disorders and who are end insert in the state prisons shall be admitted
to the state hospitals in accordance with the provisions of the Penal
Code.

begin insert

begin insert SEC. 119. end insert   

end insert

begin insert Section 7275 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

7275.  

begin insert (a) end insert begin insert   end insert The husband, wife, father, mother, or children of a
patient in a state hospital begin delete for the mentally disordered end delete , the estates
of these persons, and the guardian or conservator and administrator
of the estate of the patient shall cause him or her to be properly
and suitably cared for and maintained, and shall pay the costs and
charges for transportation to a state institution. The husband, wife,
father, mother, or children of a patient in a state hospital begin delete for the
mentally disordered end delete and the administrators of their estates, and the
estate of 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 these persons and estates shall be a joint and several
liability, and 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.

begin delete

This

end delete

begin insert (b) end insert begin insert   end insert begin insert This end insert section does not impose liability for the care of persons
with intellectual disabilities in state hospitals.

begin insert

begin insert SEC. 120. end insert   

end insert

begin insert Section 7276 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

7276.  

(a) The charge for the care and treatment of all begin delete mentally
disordered end delete persons begin insert who have mental health disorders end insert at state
hospitals begin delete for the mentally disordered end delete for whom there is liability to
pay therefor shall be determined pursuant to Section 4025. The
Director of State Hospitals may reduce, cancel begin insert , end insert or remit the amount
to be paid by the estate or the relatives, as the case may be, liable
for the care and treatment of any begin delete mentally disordered end delete person begin delete or end delete
begin insert who is an end insert alcoholic begin insert or who has a mental health disorder and end insert who
is a patient at a state hospital begin delete for the mentally disordered end delete , on
satisfactory proof that the estate or relatives, as the case may be,
are unable to pay the cost of that care and treatment or that the
amount is uncollectible. begin delete In any case where end delete begin insert Where end insert there has been
a payment under this section, and the payment or any part thereof
is refunded because of the death, leave of absence, or discharge
of begin delete any end delete begin insert a end insert patient of the hospital, that amount shall be paid by the
hospital or the State Department of State Hospitals to the person
who made the payment upon demand, and in the statement to the
Controller the amounts refunded shall be itemized and the
aggregate deducted from the amount to be paid into the State
Treasury, as provided by law. If begin delete any end delete begin insert a end insert person dies at any time
while his or her estate is liable for his or her care and treatment at
a state hospital, the claim for the amount due may be presented to
the executor or administrator of his or her estate, and paid as a
preferred claim, with the same rank in order of preference, as
claims for expenses of last illness.

(b) If the Director of State Hospitals delegates to the county the
responsibility for determining the ability of a minor child and his
or her parents to pay for state hospital services, the requirements
of Sections 5710 and 7275.1 and the policies and procedures
established and maintained by the director, including those relating
to the collection and accounting of revenue, shall be followed by
each county to which that responsibility is delegated.

begin insert

begin insert SEC. 121. end insert   

end insert

begin insert Section 7277 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

7277.  

The State Department of State Hospitals shall collect all
the costs and charges mentioned in Section 7275, and shall
determine, pursuant to Section 7275, and collect the charges for
care and treatment rendered persons in begin delete any end delete community mental
begin delete hygiene end delete begin insert health end insert clinics maintained by the department and may take
action begin delete as is end delete necessary to effect their collection within or without
the state. The Director of State Hospitals may, however, at his or
her discretion, refuse to accept payment of charges for the care
and treatment in a state hospital of begin delete any mentally disordered end delete person
begin delete or inebriate end delete begin insert with a mental health disorder or who has chronic
alcoholism and end insert who is eligible for deportation by the federal
immigration authorities.

begin insert

begin insert SEC. 122. end insert   

end insert

begin insert Section 7278 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

7278.  

The State Department of State Hospitals shall, following
the admission of a patient into a state hospital begin delete for the mentally
disordered end delete begin insert , end insert cause an investigation to be made to determine the
moneys, property, or interest in property, if any, the patient has,
and whether he or she has a duly appointed and acting guardian
to protect his or her property and his or her property interests. The
department shall also make an investigation to determine whether
the patient has any relative or relatives responsible under the
provisions of this code for the payment of the costs of
transportation and maintenance, and shall ascertain the financial
condition of the relative or relatives to determine whether begin insert , end insert in each
case begin insert , end insert the relative or relatives are in fact financially able to pay the
charges. All reports in connection with the investigation, together
with the findings of the department, shall be records of the
department, and may be inspected by interested relatives, their
agents, or representatives at any time upon application.

begin insert

begin insert SEC. 123. end insert   

end insert

begin insert Section 7280 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

7280.  

The guardian or conservator of the estate of begin delete any end delete begin insert a end insert person
who is confined in a state begin delete mental end delete hospital may, from time to time,
pay to the state begin delete mental end delete hospital moneys out of the estate to be used
for the future personal needs of the begin delete mentally disordered end delete person
while in a state begin delete mental end delete hospital and for burial begin delete expenses, such sums
so paid to end delete begin insert expenses. These sums shall end insert be credited to the patient’s
personal deposit account, subject to the provision relating to the
deposit of funds in the patients’ personal deposit fund.

begin insert

begin insert SEC. 124. end insert   

end insert

begin insert Section 7283 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

7283.  

All moneys collected by the State Department of State
Hospitals and the State Department of Developmental Services
for the cost and charges of transportation of persons to state
hospitals shall be remitted by the department to the State Treasury
for credit to, and shall become a part of, the current appropriation
from the General Fund of the state for the transportation of begin delete the
mentally disordered end delete begin insert persons with mental health disorders end insert ,
correctional school, or other state hospital patients and shall be
available for expenditure for those purposes. In lieu of exact
calculations of moneys collected for transportation charges the
department may determine the amount of collections by the use
of those estimates or formula as begin delete may be end delete approved by the
Department of Finance.

begin insert

begin insert SEC. 125. end insert   

end insert

begin insert Section 7284 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

7284.  

begin insert (a) end insert begin insert   end insert If begin delete any incompetent end delete begin insert a end insert person begin insert who lacks legal capacity
to make decisions end insert , who has no guardian or conservator of the estate begin insert , end insert
and who has been admitted or committed to the State Department
of State Hospitals for placement in begin delete any end delete begin insert a end insert state hospital begin delete for the
mentally disordered end delete , is the owner of any property, the State
Department of State Hospitals, acting through its designated officer,
may apply to the superior court of the proper county for its
appointment as guardian or conservator of the begin insert person’s end insert estate begin delete of
the incompetent person end delete .

begin delete

For

end delete

begin insert (b) end insert begin insert   end insert begin insert For end insert the purposes of this section, the State Department of
State Hospitals is hereby made a corporation and may act as
executor, administrator, guardian or conservator of estates,
assignee, receiver, depositary begin insert , end insert or trustee, under appointment of
any court or by authority of any law of this state, and may transact
business in that capacity in like manner as an individual, and for
this purpose may sue and be sued in any of the courts of this state.

begin delete

If

end delete

begin insert (c) end insert begin insert   end insert begin insert If end insert a person admitted or committed to the State Department
of State Hospitals dies, leaving begin delete any end delete begin insert an end insert estate, and having no
relatives at the time residing within this state, the State Department
of State Hospitals may apply for letters of administration of his or
her begin delete estate, end delete begin insert estate end insert and, in the discretion of the court, letters of
administration may be issued to the department. When the State
Department of State Hospitals is appointed as guardian,
conservator, or administrator, the department shall be appointed
as guardian begin delete or end delete begin insert , end insert conservator begin insert , end insert or administrator without bond. The
officer designated by the department shall be required to give a
surety bond in begin delete such end delete begin insert an end insert amount begin delete as may be end delete deemed necessary from
time to time by the director, but in no event shall the initial bond
be less than ten thousand dollars ($10,000), which bond shall be
for the joint benefit of the several estates and the State of
California. The State Department of State Hospitals shall receive
any reasonable fees for its services as the guardian, conservator,
or administrator as the court allows. The fees paid to the State
Department of State Hospitals for its services as guardian,
conservator, or administrator of the various estates may be used
as a trust account from which may be drawn expenses for filing
fees, bond premiums, court costs, and other expenses required in
the administration of the various estates. Whenever the balance
remaining in the trust fund account shall exceed a sum deemed
necessary by the department for the payment of expenses, the
excess shall be paid quarterly by the department into the State
Treasury to the credit of the General Fund.

begin insert

begin insert SEC. 126. end insert   

end insert

begin insert Section 7294 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

7294.  

begin delete Any end delete begin insert (a) end insert begin insert   end insert begin insert A end insert person who has been committed as a begin delete defective
or psychopathic end delete delinquent begin insert with a mental health disorder end insert may be
paroled or granted a leave of absence by the medical superintendent
of the institution wherein the person is confined whenever the
medical superintendent is of the opinion that the person has
improved to such an extent that he or she is no longer a menace
to the health and safety of others or that the person will receive
benefit from the parole or leave of absence, and after the medical
superintendent and the Director of State Hospitals have certified
the opinion to the committing court.

begin delete

If

end delete

begin insert (b) end insert begin insert   end insert begin insert If, end insert within 30 days after the receipt of the certification begin insert , end insert the
committing court orders the return of the person, the person shall
be returned forthwith to await further action of the court. If begin insert , end insert within
30 days after the receipt of the certification begin insert , end insert the committing court
does not order the return of the person to await the further action
of the court, the medical superintendent may thereafter parole the
person under the terms and conditions begin delete as may be end delete specified by the
superintendent. begin delete Any end delete begin insert A end insert paroled inmate may begin insert , end insert at any time during the
parole period begin insert , end insert be recalled to the institution. The period of parole
shall in no case be less than five years, and shall be on the same
general rules and conditions as parole of begin delete the mentally disordered end delete
begin insert persons with mental health disorders end insert .

begin delete

When any

end delete

begin insert (c) end insert begin insert   end insert begin insert When a end insert person has been paroled for five consecutive years,
if in the opinion of the medical superintendent and the Director of
State Hospitals the person is no longer a menace to the health,
person, or property of himself or herself or of any other person,
the medical superintendent, subject to the approval of the Director
of State Hospitals, may discharge the person. The committing court
shall be furnished with a certified copy of the discharge and shall
thereupon begin delete make such disposition end delete begin insert dispose end insert of the court case as it
deems necessary and proper.

begin delete

When

end delete

begin insert (d) end insert begin insert   end insert begin insert When end insert , in the opinion of the medical superintendent, a person
previously committed as a begin delete defective or psychopathic end delete delinquent
begin insert with a mental health disorder end insert will not benefit by further care and
treatment under any facilities of the department and should be
returned to the jurisdiction of the court, the superintendent of the
institution and the Director of State Hospitals shall certify the
opinion to the committing court begin insert , end insert including therein a report,
diagnosis begin insert , end insert and recommendation concerning the person’s future
care, supervision, or treatment. Upon receipt of the certification,
the committing court shall forthwith order the return of the person
to the court. The person shall be entitled to a court hearing and to
present witnesses in his or her own behalf, to be represented by
counsel and to cross-examine any witness who testifies against
him or her. After considering all the evidence before it, the court
may make a further order or commitment with reference to the
person as may be authorized by law.

begin insert

begin insert SEC. 127. end insert   

end insert

begin insert Section 7300 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

7300.  

begin insert (a) end insert begin insert   end insert It shall be the policy of the department to make
available to all persons admitted to a state hospital prior to July 1,
1969, and to all persons judicially committed or remanded to its
jurisdiction all of the facilities under the control of the department.
Whenever, in the opinion of the Director of State Hospitals, it
appears that a person admitted prior to July 1, 1969, or that a person
judicially committed or remanded to the State Department of State
Hospitals for placement in an institution would be benefited by a
transfer from that institution to another institution begin delete in the department end delete
begin insert under the department’s jurisdiction end insert , the director may cause the
transfer of the patient begin delete from that institution to another institution
under the jurisdiction of the department end delete . Preference shall be given
in any such transfer to an institution in an adjoining rather than a
remote district.

begin delete

However

end delete

begin insert (b) end insert begin insert   end insert begin insert However end insert , before begin delete any end delete begin insert an end insert inmate of a correctional school
may be transferred to a state hospital begin delete for the mentally disordered end delete begin insert , end insert
he or she shall first be returned to a court of competent jurisdiction,
and, if subject to commitment, after hearing, may be committed
to a state hospital begin delete for the mentally disordered end delete in accordance with
law.

begin delete

The

end delete

begin insert (c) end insert begin insert   end insert begin insert The end insert expense of begin delete such end delete begin insert the end insert transfers is chargeable to the state,
and the bills for the same, when approved by the Director of State
Hospitals, shall be paid by the Treasurer on the warrant of the
Controller, out of begin delete any end delete moneys provided for the care or support of
the patients or out of the moneys provided for the support of the
department, in the discretion of the department.

begin insert

begin insert SEC. 128. end insert   

end insert

begin insert Section 7329 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

7329.  

begin insert (a) end insert begin insert   end insert When begin delete any end delete begin insert a end insert patient, who is subject to judicial
commitment, has escaped from begin delete any end delete begin insert a end insert public mental hospital in a
state of the United States other than California and is present in
this state, begin delete any end delete begin insert a end insert peace officer, health officer, county physician, or
assistant county physician may take the person into custody within
five years after the escape. The person may be admitted and
detained in the quarters provided in begin delete any end delete begin insert a end insert county hospital or state
hospital upon application of the peace officer, health officer, county
physician, or assistant county physician. The application shall be
in writing and shall state the identity of the person, the name and
place of the institution from which he or she escaped and the
approximate date of the escape, and the fact that the person has
been apprehended pursuant to this section.

begin delete

As

end delete

begin insert (b) end insert begin insert   end insert begin insert As end insert soon as possible after the person is apprehended, the
district attorney of the county in which the person is present shall
file a petition in the superior court alleging the facts of the escape,
and requesting an immediate hearing on the question of whether
the person has escaped from a public mental hospital in another
state within five years prior to his or her apprehension. The hearing
shall be held within three days after the day on which the person
was taken into custody. If the court finds that the person has not
escaped from such a hospital within five years prior to his or her
apprehension, he or she shall be released immediately.

begin delete

If

end delete

begin insert (c) end insert begin insert   end insert begin insert If end insert the court finds that the person did escape from a public
mental hospital in another state within five years prior to his or
her apprehension, the superintendent or physician in charge of the
quarters provided in the county hospital or state hospital may care
for and treat the person, and the district attorney of the county in
which the person is present immediately shall present to a judge
of the superior court a petition asking that the person be judicially
committed to a state hospital in this state. The hearing on the
petition shall be held within seven days after the court’s
determination in the original hearing that the person did escape
from a public mental hospital in another state within five years
prior to his apprehension. Proceedings shall thereafter be conducted
as on a petition for judicial commitment of the particular type of
person subject to judicial commitment. If the court finds that the
person is subject to judicial commitment it shall order him or her
judicially committed to a state hospital in this state; otherwise, it
shall order him or her to be released. It shall be the duty of the
superintendent of the state hospital to accept custody of the person,
if he or she has been determined to be subject to judicial
commitment. The State Department of State Hospitals will
promptly cause the person to be returned to the institution from
which he or she escaped if the authorities in charge of the
institution agree to accept him or her. If the authorities refuse to
accept the person, the superintendent of the state hospital in which
the person is confined shall continue to care for and treat the person
in the same manner as any other person judicially committed to
the hospital as begin delete mentally disordered end delete begin insert having a mental health disorder end insert .

begin insert

begin insert SEC. 129. end insert   

end insert

begin insert Section 7352 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

7352.  

begin insert (a) end insert begin insert   end insert The medical director of a state hospital begin delete for the
mentally disordered end delete may grant a leave of absence to begin delete any end delete begin insert a end insert
judicially committed patient, except as provided in Section 7350,
under general conditions prescribed by the State Department of
State Hospitals.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert State Department of State Hospitals may continue to
render services to patients placed on leave of absence prior to July
1, 1969, to the extent begin delete such end delete begin insert those end insert services are authorized by law in
effect immediately preceding July 1, 1969.

begin insert

begin insert SEC. 130. end insert   

end insert

begin insert Section 7354 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

7354.  

begin delete Any mentally disordered end delete begin insert (a) end insert begin insert   end insert begin insert A end insert person begin insert with a mental
health disorder end insert may be granted care in a licensed institution or
other suitable licensed or certified facility. The State Department
of State Hospitals may pay for that care at a rate not exceeding the
average cost of care of patients in the state hospitals begin insert , end insert as determined
by the Director of State Hospitals. The payments shall be made
from funds available to the State Department of State Hospitals
for that purpose.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert State Department of State Hospitals may make
payments for services for begin delete mentally disordered end delete patients begin insert who have
mental health disorders end insert in private facilities released or discharged
from state hospitals on the basis of reimbursement for reasonable
cost, using the same standards and rates consistent with those
established by the State Department of Health Care Services for
similar types of care. The payments shall be made within the
limitation of funds appropriated to the State Department of State
Hospitals for that purpose.

begin delete

No

end delete

begin insert (c) end insert begin insert   end insert begin insert No end insert payments for care or services of a begin delete mentally disordered end delete
patient begin insert with a mental health disorder end insert shall be made by the State
Department of State Hospitals pursuant to this section unless the
care or services are requested by the local director of the mental
health services of the county of the patient’s residence, unless
provision for the care or services is made in the county Short-Doyle
plan of the county under which the county shall reimburse the
department for 10 percent of the amount expended by the
department, exclusive of the portion of the cost that is provided
by the federal government.

begin delete

The

end delete

begin insert (d) end insert begin insert   end insert begin insert The end insert provision for the 10-percent county share shall be
inapplicable with respect to begin delete any end delete begin insert a end insert county with a population of
under 100,000 begin delete which end delete begin insert persons that end insert has not elected to participate
financially in providing services under Division 5 (commencing
with Section 5000) in accordance with Section 5709.5.

begin insert

begin insert SEC. 131. end insert   

end insert

begin insert Section 7357 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

7357.  

The superintendent of a state hospital, on filing his or
her written certificate with the Director of State Hospitals, may
discharge begin delete any end delete begin insert a end insert patient who, in his or her judgment, has recovered
or begin delete was end delete begin insert did end insert not, at time of admission, begin delete mentally disordered end delete begin insert have a
mental health disorder end insert .

begin insert

begin insert SEC. 132. end insert   

end insert

begin insert Section 7362 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

7362.  

begin insert (a) end insert begin insert   end insert The medical superintendent of a state hospital, on
filing his or her written certificate with the Director of State
Hospitals, may on his or her own motion, and shall on the order
of the State Department of State Hospitals, discharge begin delete any end delete begin insert a end insert patient
who comes within any of the following descriptions:

begin delete

(a)

end delete

begin insert (1) end insert  Who is not a proper case for treatment therein.

begin delete

(b)

end delete

begin insert (2) end insert  Who begin delete is developmentally disabled or is affected with end delete begin insert has a
developmental disability or end insert a chronic harmless mental begin insert health end insert
disorder.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert person, when discharged, shall be returned to the county
of his or her residence at the expense of the county, and delivered
to the sheriff or other appropriate county official to be designated
by the board of supervisors, for delivery to the official or agency
in that county charged with the responsibility for the person. Should
the person be a poor and indigent person, he or she shall be cared
for by the county as are other indigent poor.

begin delete

No

end delete

begin insert (c) end insert begin insert   end insert begin insert No end insert person who has been discharged from begin delete any end delete begin insert a end insert state hospital
under the provisions of begin delete subdivision (b) above end delete begin insert paragraph (2) of
subdivision (a) end insert shall be again committed to begin delete any end delete begin insert a end insert state hospital
begin delete for the mentally disordered end delete unless he or she is subject to judicial
commitment.

begin insert

begin insert SEC. 133. end insert   

end insert

begin insert Section 7500 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

7500.  

There are established in the state the following state
hospitals for the care and treatment of begin delete the developmentally disabled end delete
begin insert persons with developmental disabilities end insert :

(a) Sonoma State Hospital, in Sonoma County.

(b) Lanterman State Hospital, in Los Angeles County.

(c) Porterville State Hospital, in Tulare County.

(d) Fairview State Hospital, in Orange County.

begin delete

(e) Agnews State Hospital, in Santa Clara County.

end delete begin delete

(f) Stockton State Hospital, in San Joaquin County.

end delete begin delete

(g) Camarillo State Hospital, in Ventura County.

end delete begin delete

Wherever in this code or in any provision of statute heretofore
or hereafter enacted the term “home for the feebleminded,” “home
for the mentally deficient,” “state hospital for the mentally
deficient,” or “state hospital for the mentally retarded” is used, it
shall be construed to refer to and mean “state hospital for the
developmentally disabled.”

end delete

begin insert

begin insert SEC. 134. end insert   

end insert

begin insert Section 7501.5 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

7501.5.  

(a) The Department of General Services, in cooperation
with the State Department of Developmental Services and the State
Department of State Hospitals, may lease property within the
boundaries of Camarillo State Hospital described in subdivision
(c) to Ventura County, which may sublet the property to one or
more responsible organizations selected by Ventura County for
the purposes of constructing housing or operating residential care
services, or both, designed to meet the identified treatment and
rehabilitation needs of begin delete mentally disordered end delete persons begin insert with mental
health disorders end insert from Ventura County. The lease between the state
and Ventura County shall contain a provision that requires that the
lease shall terminate and that full title, possession, and control of
the property shall return to the state if permits have not been issued
for construction of the housing prior to January 1, 1995. The
sublease between Ventura County and the responsible bidder shall
contain a provision that requires that permits for construction of
the housing be issued prior to January 1, 1995, and shall contain
a provision that requires that the sublease shall terminate and full
title, possession, and control of the property shall return to the state
if permits have not been issued for construction of the housing
prior to January 1, 1995.

(b) In selecting a service provider pursuant to subdivision (a),
Ventura County shall only consider a sublease with organizations
that comply with subdivision (b) of Section 5705 and Section 523
of Title 9 of the California Code of Regulations.

(c) (1) The property consists of a 15 plus acre portion of a 58.5
acre parcel at Camarillo State Hospital that has previously been
declared surplus by the State Department of Developmental
Services. The acreage is on Lewis Road at the entrance to
Camarillo State Hospital. Specific metes and bounds shall be
established for the 15 plus acre parcel prior to the actual lease of
the property.

(2) The Department of General Services may enter into a lease
at less than fair market value. The department is authorized to lease
the parcel for not less than 40, and not more than 99, years.

(d) If there is available space, begin delete mentally disordered end delete persons begin insert who
have mental health disorders end insert from Los Angeles, San Luis Obispo,
and Santa Barbara Counties may be eligible for placement at this
center if an agreement to that effect is entered into between those
counties and Ventura County. The agreement shall specify that
Los Angeles, San Luis Obispo, and Santa Barbara Counties shall
retain responsibility for monitoring and maintenance of begin delete mentally
disordered end delete persons begin insert with mental health disorders who are end insert placed
through those agreements and for payment of costs incurred or
services rendered by Ventura County.

begin insert

begin insert SEC. 135. end insert   

end insert

begin insert Any section of any act enacted by the Legislature
during the 2014 calendar year that takes effect on or before
January 1, 2015, and that amends, amends and renumbers, adds,
repeals and adds, or repeals a section that is amended or repealed
by this act shall prevail over this act, whether that act is enacted
prior to, or subsequent to, the enactment of this act. The repeal of
any section by this act shall not become operative if any section
of any other act that is enacted by the Legislature during the 2014
calendar year and takes effect on or before January 1, 2015,
amends, amends and renumbers, adds, repeals and adds, or repeals
that section. end insert