BILL NUMBER: AB 1847 ENROLLED
BILL TEXT
PASSED THE SENATE JUNE 26, 2014
PASSED THE ASSEMBLY JUNE 30, 2014
AMENDED IN SENATE JUNE 4, 2014
AMENDED IN ASSEMBLY APRIL 22, 2014
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 19, 2014
An act to amend 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, 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, relating to mental health disorders.
LEGISLATIVE COUNSEL'S DIGEST
AB 1847, Chesbro. Mental health disorders: language.
(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.
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.
(2) Under the California Public Records Act, except for exempt
records, every state or local agency, upon request, is required to
make records available to any person upon payment of fees to cover
costs. Existing law specifies records that are exempt from the Public
Records Act based on above provisions.
The bill would make conforming changes to the Public Records Act
based on the above provisions.
(3) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 52.5 of the Civil Code is amended to read:
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 an 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 situation or, 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, lacking legal capacity to
make decisions, imprisonment, or other incapacity or incompetence.
(2) The statute of limitations shall not run against a plaintiff
who is a minor or who lacks the legal competence to make decisions
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 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) Restitution paid by the defendant to the victim shall be
credited against a judgment, award, or settlement obtained pursuant
to this section. A 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) A 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 court or
dismissal.
SEC. 2. Section 1587 of the Civil Code is amended to read:
1587. A proposal is revoked by any of the following:
(a) 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 or her acceptance has been communicated to the
former.
(b) By the lapse of the time prescribed in the proposal for its
acceptance or, if no time is prescribed, the lapse of a reasonable
time without communication of the acceptance.
(c) By the failure of the acceptor to fulfill a condition
precedent to acceptance.
(d) By the death or legal incapacity to make decisions of the
proposer.
SEC. 3. Section 328 of the Code of Civil Procedure is amended to
read:
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 an entry or defense founded on the title to real property, or
to rents or services out of the property, is, at the time title
first descends or accrues, either under the age of majority or
lacking legal capacity to make decisions, the time, not exceeding 20
years, during which the disability continues is not deemed a 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 disability. The action shall not be
commenced, or entry or defense made, after that period.
SEC. 4. Section 352 of the Code of Civil Procedure is amended to
read:
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 lacking the legal
capacity to make decisions, the time of the disability is not part of
the time limited for the commencement of the action.
(b) This section shall 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.
SEC. 5. Section 372 of the Code of Civil Procedure is amended to
read:
372. (a) (1) When a minor, a person who lacks legal capacity to
make decisions, 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, person lacking legal
capacity to make decisions, 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, person who lacks
legal capacity to make decisions, 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. Money
or other property to be paid or delivered pursuant to the order or
judgment for the benefit of a minor, person lacking legal capacity to
make decisions, 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.
(2) Where reference is made in this section to "a person lacking
legal competence to make decisions," the reference shall be deemed to
include "a person for whom a conservator may be appointed."
(3) Nothing 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
a proceeding 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.
SEC. 6. Section 373 of the Code of Civil Procedure is amended to
read:
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 14 years of age or older, or, 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 14 years of age or older, and the minor
applies within 10 days after the service of the summons, or, if under
that age 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 the person lacking legal competence to make decisions is a
party to an action or proceeding, upon the application of a relative
or friend of the person lacking legal competence to make decisions,
or of any other party to the action or proceeding, or by the court on
its own motion.
SEC. 7. Section 1447 of the Code of Civil Procedure is amended to
read:
1447. Notwithstanding any other law, all unclaimed money or other
property belonging to a person who dies while confined in a state
institution subject to the jurisdiction of the State Department of
State Hospitals, which is paid or delivered to the state or an
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 Chapter 1708 of the Statutes of
1951 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.
SEC. 8. Section 56850 of the Education Code is amended to read:
56850. (a) 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 and
developmental centers, 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.
(b) It 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.
(c) It 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.
(d) It 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.
(e) It 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.
SEC. 9. Section 2310 of the Family Code is amended to read:
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) Permanent legal incapacity to make decisions.
SEC. 10. Section 2312 of the Family Code is amended to read:
2312. A marriage may be dissolved on the grounds of permanent
legal incapacity to make decisions only upon proof, including
competent medical or psychiatric testimony, that the spouse was at
the time the petition was filed, and remains, permanently lacking the
legal capacity to make decisions.
SEC. 11. Section 2313 of the Family Code is amended to read:
2313. No dissolution of marriage granted on the ground of
permanent legal incapacity to make decisions relieves a spouse from
any obligation imposed by law as a result of the marriage for the
support of the spouse who lacks legal capacity to make decisions, and
the court may make an order for support, or require a bond therefor,
as the circumstances require.
SEC. 12. Section 2332 of the Family Code is amended to read:
2332. (a) If the petition for dissolution of the marriage is
based on the ground of permanent legal incapacity to make decisions
and the spouse who lacks legal capacity to make decisions has a
guardian or conservator, other than the spouse filing the petition,
the petition and summons shall be served upon the spouse and the
guardian or conservator. The guardian or conservator shall defend and
protect the interests of the spouse who lacks legal capacity to make
decisions.
(b) If the spouse who lacks legal capacity to make decisions has
no guardian or conservator, or if the spouse filing the petition is
the guardian or conservator, 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 spouse who lacks
legal capacity to make decisions. 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.
SEC. 13. Section 7901 of the Family Code is amended to read:
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 persons
with developmental disabilities or mental health disorders 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.
SEC. 14. Section 203 of the Government Code is repealed.
SEC. 15. Section 854.2 of the Government Code is amended to read:
854.2. As used in this chapter, "mental institution" means a
state hospital for the care and treatment of persons with mental
health disorders or intellectual disabilities, the California
Rehabilitation Center referred to in Section 3300 of the Welfare and
Institutions Code, or a county psychiatric hospital.
SEC. 16. Section 1001 of the Government Code is amended to read:
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; five
directors for the state hospital 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.
SEC. 17. 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.
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.
SEC. 18. Section 6276.34 of the Government Code is amended to
read:
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.
Persons formerly classified as mentally abnormal sex offenders
committed to a state hospital, confidentiality of records, Section
4135, Welfare and Institutions Code.
Persons with mental health disorders, court-ordered evaluation,
confidentiality of reports, Section 5202, Welfare and Institutions
Code.
Persons with mental health disorders, confidentiality of written
consent to detainment, Section 5326.4, Welfare and Institutions Code.
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.
Persons with mental health disorders, weapons restrictions,
confidentiality of information about, Section 8103, Welfare and
Institutions Code.
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.
SEC. 19. 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.
Records described in Section 1620 of the Penal Code.
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.
SEC. 20. Section 7579.1 of the Government Code is amended to read:
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 or developmental center, 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.
SEC. 21. Section 12428 of the Government Code is amended to read:
12428. In the event either the Governor or the Legislature should
obtain federal approval to transfer programs receiving federal
support for persons with an intellectual disability or a mental
health 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 with an intellectual disability
or a mental health disorder, provided further, that the transfer
shall enable the state to make maximum utilization of available state
and federal funds.
SEC. 22. Section 26640 of the Government Code is amended to read:
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
legal incapacity to make decisions.
SEC. 23. Section 26643 of the Government Code is amended to read:
26643. When any prisoner dies or loses the legal capacity to make
decisions, 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.
SEC. 24. Section 26749 of the Government Code is amended to read:
26749. The sheriff shall receive expenses necessarily incurred in
conveying 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.
SEC. 25. Section 1250 of the Health and Safety Code is amended to
read:
1250. As used in this chapter, "health facility" means a
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 persons with mental health
disorders 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.
SEC. 26. Section 1250.2 of the Health and Safety Code is amended
to read:
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 people with mental health
disorders 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 ensure 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 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 ensured
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.
SEC. 27. Section 1267.8 of the Health and Safety Code is amended
to read:
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
that is related to the residential use of property pursuant to this
article.
(d) For the purposes of all local ordinances, an intermediate care
facility/developmentally disabled habilitative that serves six or
fewer persons or an intermediate care facility/developmentally
disabled--nursing that 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 persons with mental health disorders, foster
care home, guest home, rest home, community residence, or other
similar term that 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.
(e) This section does not forbid a 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 that serves six or
fewer persons or an intermediate care facility/developmentally
disabled--nursing that serves six or fewer persons or a congregate
living health facility as long as those restrictions are identical to
those applied to other single-family residences.
(f) This 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 that 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 that
serves six or fewer persons or an intermediate care
facility/developmentally 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 that serves six or fewer
persons or a congregate living health facility from persons who
reside in other single-family dwellings.
(g) No conditional use permit, zoning variance, or other zoning
clearance shall be required of an intermediate care
facility/developmentally disabled habilitative that serves six or
fewer persons or an intermediate care facility/developmentally
disabled--nursing that serves six or fewer persons or a congregate
living health facility that is not required of a single-family
residence in the same zone.
(h) Use 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 that 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.
SEC. 28. Section 1275.5 of the Health and Safety Code is amended
to read:
1275.5. (a) The regulations relating to the licensing of
hospitals, heretofore 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 persons with mental health disorders, persons with
developmental disabilities, and persons who lack legal competence to
make decisions 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 persons with mental health
disorders, persons with developmental disabilities, and persons who
lack legal competence to make decisions required to be licensed by
the provisions of this chapter unless and until those 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.
SEC. 29. Section 1276.5 of the Health and Safety Code is amended
to read:
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 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 persons with developmental disabilities
or mental health disorders 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 persons with developmental disabilities or mental health
disorders, 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
intellectual disability 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 intellectual
disability 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).
SEC. 30. Section 1276.9 of the Health and Safety Code is amended
to read:
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
population group of persons with mental health disorders.
(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 persons with developmental disabilities or mental
health disorders, 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.
SEC. 31. Section 1505.5 of the Health and Safety Code is amended
to read:
1505.5. (a) 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 persons who are frail and elderly, adults with
functional impairments, and persons with mental health disorders 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.
(b) No facility shall accept persons in need of care beyond the
level of care for which that facility is licensed.
SEC. 32. Section 1566.3 of the Health and Safety Code is amended
to read:
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 that 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 persons with mental health disorders, foster
care home, guest home, rest home, community residence, or other
similar term that 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 a city,
county, or other local public entity from placing restrictions on
building heights, setback, lot dimensions, or placement of signs of a
residential facility that serves six or fewer persons as long as
those 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 that 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 that serves six
or fewer persons that 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.
SEC. 33. Section 1568.0831 of the Health and Safety Code is
amended to read:
1568.0831. (a) (1) Whether or not unrelated persons are living
together, a residential care facility that 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 that relates to the residential use of
property pursuant to this chapter.
(2) For the purpose of all local ordinances, a residential care
facility that serves six or fewer persons shall not be included
within the definition of a boarding house, rooming house,
institution, guest home, rest home, community residence, or other
similar term that 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 a 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 that 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
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 that 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 that
serves six or fewer persons that 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 that 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.
SEC. 34. Section 1569.5 of the Health and Safety Code is amended
to read:
1569.5. (a) 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 persons who are frail and
elderly, adults who have functional impairments, or persons with
mental health disorders 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.
(b) No facility shall accept persons in need of care beyond the
level of care for which that facility is licensed.
SEC. 35. Section 1569.85 of the Health and Safety Code is amended
to read:
1569.85. (a) Whether or not unrelated persons are living
together, a residential care facility for the elderly 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 the facility shall be considered a family for the
purposes of any law or zoning ordinance that relates to the
residential use of property pursuant to this article.
(b) For the purpose of all local ordinances, a residential care
facility for the elderly 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 the aged, guest home, rest home,
community residence, or other similar term that 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.
(c) This section shall not be construed to forbid a 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 that 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.
(d) This section shall not be construed to forbid the application
to a residential care facility for the elderly 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 for the elderly that 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 for the elderly from persons who reside in other family
dwellings of the same type in the same zone.
(e) No conditional use permit, zoning variance, or other zoning
clearance shall be required of a residential care facility for the
elderly that serves six or fewer persons that 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 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.
(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.
SEC. 36. Section 11812.6 of the Health and Safety Code is amended
to read:
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 chemically
dependent and also have a mental health disorder. Priority may be
given to developing policies and procedures that relate to the
diagnosis and treatment of homeless persons who have mental health
disorders and are chemically dependent.
SEC. 37. Section 11834.23 of the Health and Safety Code is amended
to read:
11834.23. (a) Whether or not unrelated persons are living
together, an alcoholism or drug abuse recovery or treatment 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 the facility shall be considered a family
for the purposes of any law or zoning ordinance that relates to the
residential use of property pursuant to this article.
(b) For the purpose of all local ordinances, an alcoholism or drug
abuse recovery or treatment 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 persons with mental health disorders, foster care home,
guest home, rest home, community residence, or other similar term
that 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.
(c) This section shall not be construed to forbid a 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 that serves
six or fewer persons as long as the restrictions are identical to
those applied to other single-family residences.
(d) This section shall not be construed to forbid the application
to an alcoholism or drug abuse recovery or treatment 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. However, the ordinance
shall not distinguish alcoholism or drug abuse recovery or treatment
facilities that 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.
(e) No conditional use permit, zoning variance, or other zoning
clearance shall be required of an alcoholism or drug abuse recovery
or treatment facility that serves six or fewer persons that is not
required of a single-family residence in the same zone.
(f) Use 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.
SEC. 38. Section 13113 of the Health and Safety Code is amended to
read:
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 people who are
elderly, persons with mental health disorders or intellectual
disabilities, or nursing or convalescent home, wherein more than six
guests or patients are housed or cared for on a 24-hour-per-day basis
unless there is installed and maintained in an operable condition in
every building, or portion thereof where patients or guests are
housed, an automatic sprinkler system approved by the State Fire
Marshal.
(b) This section shall 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 children with
mental health disorders or children with intellectual disabilities.
(c) This section shall 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.
SEC. 39. Section 36130 of the Health and Safety Code is amended to
read:
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 and Rehabilitation
Department of Education
Department of Health Care Services
Department of Housing and Community Development
Department of Human Resources Development
Department of Industrial Relations
State Department of Public Health
Department of Public Works
Department of Rehabilitation
Department of Social Services
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities
SEC. 40. Section 50680 of the Health and Safety Code is amended to
read:
50680. (a) The Legislature finds and declares that recent
deemphasis of programs of institutional care for persons with
developmental and physical disabilities and persons with mental
health disorders 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 that will aid in accomplishment and maintenance of the
objectives of those programs, thereby minimizing the numbers of
persons with developmental and physical disabilities and persons with
mental health disorders 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 this purpose, it is
necessary that the state cooperate with cities, counties, cities and
counties, and nonprofit corporations in obtaining federal housing
subsidies therefor.
(b) It 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.
SEC. 41. Section 50684 of the Health and Safety Code is amended to
read:
50684. As used in this chapter, "persons with a mental health
disorder" means a person who is affected by a mental health disorder
rendering the individual eligible to participate in programs of
rehabilitation, education, or social services conducted by or on
behalf of a public agency.
SEC. 42. Section 50685.5 of the Health and Safety Code is amended
to read:
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 have a developmental
disability, but not to require 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 have a mental health
disorder, but not to require 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 have a physical
disability by the Department of Rehabilitation or by the designated
representatives thereof.
SEC. 43. Section 50688 of the Health and Safety Code is amended to
read:
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 persons with mental and physical
disabilities and persons who have mental health disorders 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.
SEC. 44. Section 50689 of the Health and Safety Code is amended to
read:
50689. (a) It is the intent of the Legislature in enacting this
section to provide housing assistance for persons with developmental
and physical disabilities and persons with mental health disorders
where that 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 persons with developmental and physical
disabilities and persons with mental health disorders. 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 that provide
supportive services for those 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 that exceeds
those 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) A local agency applying to the department for housing
assistance payments shall, in its application, explain how the
housing assistance payments are part of its ongoing programs to
establish independent living for its 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 a 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.
SEC. 45. Section 10235.8 of the Insurance Code is amended to read:
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 or not the person had mental capacity to
control what he or she was doing, 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), state or federal workers' compensation, employer's
liability or occupational disease law, or a 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.
(e) This section does not prohibit exclusions and limitations by
type of provider or territorial limitations.
SEC. 46. Section 4662 of the Labor Code is amended to read:
4662. (a) Any of the following permanent disabilities shall be
conclusively presumed to be total in character:
(1) Loss of both eyes or the sight thereof.
(2) Loss of both hands or the use thereof.
(3) An injury resulting in a practically total paralysis.
(4) An injury to the brain resulting in permanent mental
incapacity.
(b) In all other cases, permanent total disability shall be
determined in accordance with the fact.
SEC. 47. Section 2672 of the Penal Code is amended to read:
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 with a mental health
disorder.
(c) A person confined shall be deemed incapable of informed
consent if the 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, for any reason, he or she cannot manifest his or her
consent to the attending physician.
SEC. 48. Section 11151 of
the Penal Code is amended to read:
11151. Within five days after release of a person convicted of
arson from an institution under the jurisdiction of the State
Department of State Hospitals, the Director of State Hospitals shall
send the notice provided in Section 11150.
SEC. 49. Section 9201 of the Probate Code is amended to read:
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 Section 6487.1 of the
(com- Revenue
mencing with Section and Taxation Code
6001
of
the Revenue and
Taxation
Code)
Bradley-Burns Uniform Section 6487.1 of the
Local Revenue
Sales and Use Tax Law and Taxation Code
(com-
mencing with Section
7200
of
the Revenue and
Taxation
Code)
Transactions and Use Tax Section 6487.1 of the
Law Revenue
(commencing with Section and Taxation Code
7251
of the Revenue and
Taxation
Code)
Motor Vehicle Fuel Section 7675.1 of the
License Tax Revenue
Law and Taxation Code
(commencing with
Section
7301 of the Revenue and
Taxa-
tion Code)
Use Fuel Tax Law Section 8782.1 of the
(commencing Revenue and Taxation
with Section 8601 of the Code
Reve-
nue and Taxation Code)
Administration of Section 19517 of the
Franchise Revenue
and and Taxation Code
Income Tax Law
(commencing
with Section 18401 of
the Reve-
nue and Taxation Code)
Cigarette Tax Law Section 30207.1 of the
(commenc- Reve-
ing with Section 30001 nue and Taxation Code
of
the
Revenue and Taxation
Code)
Alcoholic Beverage Tax Section 32272.1 of the
Law Reve-
(commencing with nue and Taxation Code
Section
32001 of the Revenue and
Taxa-
tion Code)
Unemployment Insurance Section 1090 of the
Code Unemploy-
ment Insurance Code
State Section 7277.1 of the
Hospitals Welfare
(commencing and Institutions Code
with
Section 7200 of the
Welfare
and
Institutions Code)
Medi-Cal Act Section 9202 of the
(commencing Probate
with Section 14000 of Code
the Wel-
fare and Institutions
Code)
Waxman-Duffy Prepaid Section 9202 of the
Health Probate
Plan Act (commencing Code
with Sec-
tion 14200 of the
Welfare
and
Institutions Code)
SEC. 50. Section 19201 of the Probate Code is amended to read:
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)
Law, Act, or Code Applicable Section
Sales and Use Tax Law
(commencing with Section 6487.1 of the
Section 6001 of the Revenue and Taxation
Revenue and Taxation Code
Code)
Bradley-Burns Uniform
Local Sales and Use Tax Section 6487.1 of the
Law (commencing with Revenue and Taxation
Section 7200 of the Code
Revenue and Taxation
Code)
Transactions and Use
Tax Law (commencing Section 6487.1 of the
with Section 7251 of Revenue and Taxation
the Revenue and Code
Taxation Code)
Motor Vehicle Fuel
License Tax Law Section 7675.1 of the
(commencing with Revenue and Taxation
Section 7301 of the Code
Revenue and Taxation
Code)
Use Fuel Tax Law
(commencing with Section 8782.1 of the
Section 8601 of the Revenue and Taxation
Revenue and Taxation Code
Code)
Administration of
Franchise and Income
Tax Law Section 19517 of the
(commencing with Revenue and Taxation
Section 18401 of the Code
Revenue and Taxation
Code)
Cigarette Tax Law
(commencing with Section 30207.1 of
Section 30001 of the the Revenue and
Revenue and Taxation Taxation Code
Code)
Alcoholic Beverage Tax
Law (commencing with Section 32272.1 of
Section 32001 of the the Revenue and
Revenue and Taxation Taxation Code
Code)
Unemployment Insurance Section 1090 of the
Code Unemployment
Insurance Code
State Hospitals
(commencing with Section 7277.1 of the
Section 7200 of the Welfare and
Welfare and Institutions Code
Institutions Code)
Medi-Cal Act
(commencing with Section 9202 of the
Section 14000 of the Probate Code
Welfare and
Institutions Code)
Waxman-Duffy Prepaid
Health Plan Act
(commencing with Section 9202 of the
Section 14200 of the Probate Code
Welfare and
Institutions Code)
SEC. 51. Section 734 of the Public Utilities Code is amended to
read:
734. When complaint has been made to the commission concerning a
rate for a product or commodity furnished or service performed by a
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 that
reparation. No order for the payment of reparation upon the ground of
unreasonableness shall be made by the commission when 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, lack of legal capacity to make decisions,
bankruptcy, receivership, or order of court.
SEC. 52. Section 5301 of the Streets and Highways Code is amended
to read:
5301. If a lot or parcel of land belonging to the United States,
or to the state, or to a county, city, public agent, mandatory of the
government, school board, educational, penal or reform institution,
or facility for the housing of persons with developmental or
intellectual disabilities or mental health disorders is in use in the
performance of a 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
the 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.
SEC. 53. Section 18014 of the Streets and Highways Code is amended
to read:
18014. If lots or parcels of land belonging to the United States,
to this state, or to a county, city, public agency, mandatory of the
government, school board, educational, penal or reform institution,
or facility for housing of persons with developmental or intellectual
disabilities or mental health disorders are in use in the
performance of a public function and are included within the
assessment district, the city council may, in the resolution of
intention, declare that the 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 the omitted lots or parcels of
land. If the city declares in the resolution of intention that the
lots or parcels of land, or any of them, shall be included in the
assessment, or if no declaration is made respecting the lots or
parcels of land, or any of them, the city shall be liable for the
sums thereafter assessed against the lots or parcels of land, and the
sums shall be payable by the city out of the general fund unless the
city council, in its resolution of intention, designates another
fund. However, sums that may be assessed against those lots or
parcels of land shall not be payable by the city when those sums are
paid by the owner of or the governing body controlling the lots or
parcels of land.
SEC. 54. Section 18395 of the Streets and Highways Code is amended
to read:
18395. Whenever a lot or parcel of land belonging to the United
States or to the state, or to a county, city, public agent, mandatory
of the government, school board, educational, penal or reform
institution, or facility for the housing of persons with
developmental or intellectual disabilities or mental health disorders
and being in use in the performance of a public function abuts the
public streets 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 an installment assessment,
declare that the 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.
SEC. 55. Section 35466 of the Streets and Highways Code is amended
to read:
35466. A lot or parcel of land in a public use belonging to the
state or to a county, city, district, or other public corporation,
public agent, mandatory of the government, school board, educational,
penal or reform institution, or facility for the housing of persons
with developmental or intellectual disabilities or mental health
disorders 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 that
consent is filed, the land is subject to assessment in the same
manner as other land within the district.
SEC. 56. 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.
SEC. 57. Section 1752.6 of the Welfare and Institutions Code is
amended to read:
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 health, and treatment and prevention
of delinquency.
SEC. 58. Section 1756 of the Welfare and Institutions Code is
amended to read:
1756. Notwithstanding any other law, if, in the opinion of the
Chief Deputy Secretary for the Division of Juvenile Justice, the
rehabilitation of a person with a mental health disorder or a
developmental disability who is 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. A 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.
SEC. 59. Section 4011 of the Welfare and Institutions Code is
amended to read:
4011. (a) The State Department of Health Care Services has
jurisdiction over the execution of the laws relating to the care,
custody, and treatment of persons with mental health disorders 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 persons with
mental health disorders under the custody of the State Department of
State Hospitals.
(b) As used in this division, "establishment" and "institution"
include every hospital, boarding home, or other place receiving or
caring for persons with mental health disorders.
SEC. 60. Section 4016 of the Welfare and Institutions Code is
amended to read:
4016. In every place in which a person with a mental health
disorder may be involuntarily held, the persons confined therein
shall be permitted access to, and examination or inspection of,
copies of this code.
SEC. 61. Section 4021 of the Welfare and Institutions Code is
amended to read:
4021. (a) When the department has reason to believe that a person
held in custody as having a mental health disorder is wrongfully
deprived of his or her liberty, or is cruelly or negligently treated,
or that inadequate provision is made for the skillful medical care,
proper supervision, and safekeeping of that 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.
(b) Whenever the department undertakes an investigation into the
general management and administration of an establishment or place of
detention for persons with mental health disorders, it may give
notice of that 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.
SEC. 62. Section 4022 of the Welfare and Institutions Code is
amended to read:
4022. When complaint is made to the department regarding the
officers or management of a hospital or institution for persons with
mental health disorders, or regarding the management of a person
detained therein or regarding a person held in custody as having a
mental health disorder, the department may, before making an
examination regarding the 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.
SEC. 63. Section 4042 of the Welfare and Institutions Code is
amended to read:
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 persons with mental health
disorders, 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.
SEC. 64. Section 4080 of the Welfare and Institutions Code is
amended to read:
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 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 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 persons with mental health disorders
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.
SEC. 65. Section 4109.5 of the Welfare and Institutions Code is
amended to read:
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 persons
with developmental disabilities, persons with mental health
disorders, 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. Plans submitted after that date shall not be
considered until the fiscal year following that in which it was
submitted.
(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.
SEC. 66. Section 4119 of the Welfare and Institutions Code is
amended to read:
4119. (a) The State Department of State Hospitals shall
investigate and examine all nonresident persons residing in a state
hospital 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.
(b) Prior to returning the judicially committed nonresident to his
or her proper state of residency, the department shall do either of
the following:
(1) 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.
(2) 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.
(c) The court shall give notice of the hearing to the prosecuting
attorney, the judicially committed nonresident person, the attorney
of record for the judicially committed nonresident person, 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, and for the proper
protection of, 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.
(d) For the purpose of facilitating the prompt and humane return
of these 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
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.
(e) The department may give written permission for the return of a
resident of this state confined in a public institution in another
state, corresponding to a state hospital 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 an institution of the
department as designated by the Director of State Hospitals. If he or
she has a mental health disorder 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.
SEC. 67. Section 4120 of the Welfare and Institutions Code is
amended to read:
4120. (a) Except as otherwise provided in this section, 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. The parent, guardian, or conservator shall
be deemed a resident of this state for the purposes of this section,
and the minor shall be eligible for hospitalization in this state as
a person with a mental health disorder. The eligibility of the minor
for hospitalization in this state ceases when the parent, guardian,
or conservator ceases to be a resident of this state and the 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
persons with developmental disabilities or mental health disorders,
or on leave of absence therefrom, shall not be counted in determining
the matter of residence in this or another state.
(b) Residence acquired in this or in another state shall not be
lost by reason of military service in the Armed Forces of the United
States.
SEC. 68. Section 4121 of the Welfare and Institutions Code is
amended to read:
4121. (a) All expenses incurred in returning these persons to
other states shall be paid by this state, the person, or his or her
relatives, but the expense of returning residents of this state shall
be borne by the states making the returns.
(b) The 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 persons who are delinquent or have mental health disorders.
SEC. 69. Section 4132 of the Welfare and Institutions Code is
amended to read:
4132. (a) It is hereby declared that the provisions of this code
reflect the concern of the Legislature that persons with mental
health disorders 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.
(b) Whenever any provision of this code heretofore or hereafter
enacted uses the term "inmate," it shall be construed to mean
"patient."
SEC. 70. Section 4136 of the Welfare and Institutions Code is
amended to read:
4136. (a) Each patient in a state hospital 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 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 a
patient whose income is no more than twelve dollars and fifty cents
($12.50) per month.
SEC. 71. Section 4200 of the Welfare and Institutions Code is
amended to read:
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 persons with mental health disorders and
persons with developmental disabilities, there shall be a separate
advisory board for the program provided to persons with mental health
disorders and a separate board for the program provided to persons
with developmental disabilities. To the extent feasible, an advisory
board serving a hospital for persons with mental health disorders
shall consist of one member who has been a patient in a state
hospital and two members shall be the parents, spouse, siblings, or
adult children of persons who are or have been patients in a state
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 people with mental health disorders.
(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.
SEC. 72. Section 4202.5 of the Welfare and Institutions Code is
amended to read:
4202.5. (a) The chairman of a hospital advisory board advising a
hospital for persons with mental health disorders 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 these meetings.
(c) It is the intent of the Legislature that the department assist
the development of annual regional meetings required by this
section.
SEC. 73. Section 4240 of the Welfare and Institutions Code is
amended to read:
4240. The Legislature finds and declares all of the following:
(a) The symptoms and behaviors of persons with serious mental
health 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
health disorders.
(c) Families of persons with serious mental health disorders more
often than not have little or no legal authority over their adult
family members with mental health disorders who are sometimes
difficult to manage. Consequently, they 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 family member with a mental health
disorder.
(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 health disorders, informed
and active families helping one another can effectively extend and
amplify the value of state mental health dollars.
SEC. 74. Section 4241 of the Welfare and Institutions Code is
amended to read:
4241. (a) 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 family members with
mental health disorders.
(b) It is further the intent of the Legislature to utilize an
existing organized statewide network of families, who have family
members with mental health disorders, as a means of delivering the
services designated in this chapter.
SEC. 75. Section 4243 of the Welfare and Institutions Code is
amended to read:
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 family members with mental
health disorders 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 persons with serious
mental health disorders.
(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 persons
with mental health disorders.
(6) Have the financial and organizational structure and experience
to manage the funds provided under the proposed contract.
SEC. 76. Section 4244 of the Welfare and Institutions Code is
amended to read:
4244. The Director of State Hospitals shall enter into a contract
with the successful bidder to provide services that 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 family members with mental health disorders.
(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 family members with
mental disorders.
(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 clients with mental health
disorders.
SEC. 77. Section 4304 of the Welfare and Institutions Code is
amended to read:
4304. The primary purpose of a state hospital is the medical and
nursing care of patients with mental health disorders. The efforts
and direction of the officers and employees of each state hospital
shall be directed to this end.
SEC. 78. Section 4308 of the Welfare and Institutions Code is
amended to read:
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 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 a 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 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.
SEC. 79. Section 4320 of the Welfare and Institutions Code is
amended to read:
4320. To ensure an adequate supply of licensed psychiatric
technicians for state hospitals, the State Department of State
Hospitals, to the extent necessary, shall establish in state
hospitals 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.
SEC. 80. Section 4410 of the Welfare and Institutions Code is
amended to read:
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 health fields.
SEC. 81. Section 4417 of the Welfare and Institutions Code is
amended to read:
4417. (a) The State Department of Developmental Services may:
(1) Disseminate educational information relating to the
prevention, diagnosis and treatment of persons with intellectual
disabilities.
(2) Upon request, advise all public officers, organizations and
agencies interested in the developmental disabilities of the people
of the state.
(3) Conduct educational and related work that will tend to
encourage the development of proper facilities for persons with
developmental disabilities throughout the state.
(b) The department may organize, establish, and maintain community
mental health 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.
(c) The 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.
SEC. 82. Section 4440 of the Welfare and Institutions Code is
amended to read:
4440. The department has jurisdiction over the following
institutions:
Fairview State Hospital.
Frank D. Lanterman State Hospital.
Porterville State Hospital.
Sonoma State Hospital.
SEC. 83. Section 4681.1 of the Welfare and Institutions Code is
amended to read:
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 that 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 that 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
that 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 that 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, which shall
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 persons with developmental disabilities
who are also dually diagnosed with a mental health 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 persons with developmental disabilities who are also dually
diagnosed with a mental health 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 that 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.
SEC. 84. Section 5002 of the Welfare and Institutions Code is
amended to read:
5002. (a) Persons with mental health disorders and persons
impaired by chronic alcoholism may no longer be judicially committed.
(b) Persons with mental health disorders 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.
(c) Persons with epilepsy may no longer be judicially committed.
(d) This 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.
SEC. 85. Section 5004 of the Welfare and Institutions Code is
amended to read:
5004. Persons with mental health disorders and persons with
developmental disabilities shall receive protection from criminal
acts equal to that provided any other resident in this state.
SEC. 86. Section 5004.5 of the Welfare and Institutions Code is
amended to read:
5004.5. (a) Notwithstanding any other law, a legal guardian,
conservator, or other person who reasonably believes a person with a
mental health disorder or developmental disability 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 law, the information in
that report shall not be deemed confidential in any manner. No
person shall incur any civil or criminal liability as a result of
making a 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.
(b) Where 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 person with the mental
health disorder or developmental disability is the victim, the
district attorney may file a complaint verified on information and
belief.
(c) The 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.
SEC. 87. Section 5115 of the Welfare and Institutions Code is
amended to read:
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
persons with mental health disorders or physical disabilities 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 persons
with mental health disorders or other disabilities is a residential
use of the property for the purposes of zoning.
SEC. 88. Section 5116 of the Welfare and Institutions Code is
amended to read:
5116. (a) 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 persons with mental health
disorders or other disabilities or dependent and neglected children,
shall be considered a residential use of property for the purposes of
zoning if the homes provide care on a 24-hour-a-day basis.
(b) These homes shall be a permitted use in all residential zones,
including, but not limited to, residential zones for single-family
dwellings.
SEC. 89. Section 5250 of the Welfare and Institutions Code is
amended to read:
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 health 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 a mental health 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 a person with
a mental health disorder in providing for the person's basic needs
for food, clothing, or shelter.
SEC. 90. Section 5301 of the Welfare and Institutions Code is
amended to read:
5301. (a) 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 the person to undergo an additional period of treatment on
the grounds set forth in Section 5300. This petition shall summarize
the facts that 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 that
indicates that the person falls within the standard set forth in
Section 5300.
(b) Copies 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.
(c) The 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. This
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
health disorder, 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 health disorder, 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 health disorder, 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 ________________________________________
(d) The 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
the 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.
SEC. 91. Section 5304 of the Welfare and Institutions Code is
amended to read:
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, 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 health disorder, 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 health disorder, 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 health
disorder, 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 health disorder, 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.
SEC. 92. Section 5326.5 of the Welfare and Institutions Code is
amended to read:
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 that 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 having a mental health
disorder.
(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.
SEC. 93. Section 5340 of the Welfare and Institutions Code is
amended to read:
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 a person subject
to its provisions is has a mental health disorder, or evidence that
the Legislature considers that those persons have a mental health
disorder.
SEC. 94. Section 5350 of the Welfare and Institutions Code is
amended to read:
5350. A conservator of the person, of the estate, or of the
person and the estate may be appointed for a person who is gravely
disabled as a result of a mental health 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) (1) The person for whom conservatorship is sought shall have
the right to demand a court or jury trial on the issue of 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.
(2) Court 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.
(3) This 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 a person with a mental health
disorder 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.
SEC. 95. Section 5366 of the Welfare and Institutions Code is
repealed.
SEC. 96. Section 5400 of the Welfare and Institutions Code is
amended to read:
5400. (a) 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.
(b) 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.
(c) Regulations adopted pursuant to this part may provide
standards for services for persons with chronic alcoholism that
differ from the standards for services for persons with mental health
disorders.
SEC. 97. Section 5500 of the Welfare and Institutions Code is
amended to read:
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 a person who is
receiving or has received services from a mental health facility,
service, 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 a
publicly operated or supported mental health facility or program; a
private facility or program licensed or operated for health purposes
providing services to persons with mental health disorders; and
publicly supported agencies providing other than mental health
services to clients with mental health disorders.
(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 an advocate
appointed, or whose services are contracted for, by a local mental
health director.
SEC. 98. Section 5511 of the Welfare and Institutions Code is
amended to read:
5511. The Director of State Hospitals or the executive director
of each state hospital may contract with independent persons or
agencies to perform patients' rights advocacy services in state
hospitals.
SEC. 99. Section 5585.10 of the Welfare and Institutions Code is
amended to read:
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 minors with
mental health disorders, 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.
SEC. 100. Section 5600 of the Welfare and Institutions Code is
amended to read:
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 persons with mental
health disorders 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.
SEC. 101. Section 5653 of the Welfare and Institutions Code is
amended to read:
5653. (a) 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 that may be available for mental health
planning.
(b) In 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 persons with mental health disorders.
SEC. 102. Section 5696 of the Welfare and Institutions Code is
amended to read:
5696. Prior to the opening of a regional facility, the board of
directors shall develop written admission criteria, approved by the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, for those minors who are most at risk of entering the
adult criminal justice system as offenders who have mental health
disorders and are 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 12 and 18 years
of age, 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.
SEC. 103. Section 5699 of the Welfare and Institutions Code is
amended to read:
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 clients with mental health disorders 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 ensure comprehensive appraisal and utilization
of the most appropriate resources within the children's environment,
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.
SEC. 104. Section 5714 of the Welfare and Institutions Code is
amended to read:
5714. To continue county expenditures for legal proceedings
involving persons with mental health disorders, 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, 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.
SEC. 105. Section 5802 of the Welfare and Institutions Code is
amended to read:
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 that 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 adults and older adults with serious mental illness.
(2) To promote system of care accountability for performance
outcomes that enable adults with severe mental illness to reduce
symptoms that 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 persons who are mentally ill or persons who are
mentally ill and 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.
SEC. 106. Section 6000 of the Welfare and Institutions Code is
amended to read:
6000. (a) Pursuant to applicable rules and regulations
established by the State Department of State Hospitals or the State
Department of Developmental Services, the medical director of a state
hospital may receive in that hospital, as a boarder and patient, a
person who is a suitable person for care and treatment in that
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, the application shall be made
voluntarily by the person, at a time when he or she is in a condition
of mind as to render him or her competent to make it or, if he or
she 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 or her conservatee in a state
hospital, by his or her conservator.
(2) In the case of a minor, the application shall be made by his
or her parents, or by the parent, guardian, conservator, or other
person entitled to his or her custody to a mental hospital as may be
designated by the Director of State Hospitals 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 or her conservator.
(b) A person received in a state hospital shall be deemed a
voluntary patient.
(c) Upon the admission of a voluntary patient to a state hospital
the medical director shall immediately forward to the office of the
State Department of State Hospitals or the State Department of
Developmental Services the record of the voluntary patient, showing
the name, residence, age, sex, place of birth, occupation, civil
condition, date of admission of the patient to the hospital, and
other information as required by the rules and regulations of the
department.
(d) The charges for the care and keeping of a person with a mental
health disorder 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
persons with mental health disorders in state hospitals.
(e) A voluntary adult patient may leave the hospital or
institution at any time by giving notice of his or her desire to
leave to a 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 or her conservator.
(f) A minor 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 or her from the hospital.
(g) No person received into a state hospital, private mental
institution, or county psychiatric hospital as a voluntary patient
during his or her minority shall be detained therein after he or she
reaches the age of majority. A 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 an adult.
(h) The State Department of State Hospitals or the State
Department of Developmental Services shall establish rules and
regulations necessary to carry out properly the provisions of this
section.
(i) Commencing July 1, 2012, the department shall not admit any
person to a developmental center pursuant to this section.
SEC. 107. Section 6002 of the Welfare and Institutions Code is
amended to read:
6002. (a) The person in charge of a private institution,
hospital, or clinic that is conducted for, or includes a department
or unit conducted for, the care and treatment of persons who have
mental health disorders may receive therein as a voluntary patient a
person with a mental health disorder who is a suitable person for
care and treatment in the institution, hospital, or clinic who
voluntarily makes a written application to the person in charge for
admission into the institution, hospital, or clinic and who is, at
the time of making the application, 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 or her conservator.
(b) After the admission of a voluntary patient to a private
institution, hospital, or clinic, the person in charge shall forward
to the office of the State Department of State Hospitals a record of
the voluntary patient showing all information required by rule by the
department.
(c) A voluntary adult patient may leave the hospital, clinic, or
institution at any time by giving notice of his or her desire to
leave to a 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 or her conservator.
SEC. 108. Section 6002.10 of the Welfare and Institutions Code is
amended to read:
6002.10. A 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 hospitals and
county hospitals, shall establish admission procedures for minors who
meet the following criteria:
(a) The minor is 14 years of age or older, 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.
(f) The minor's admitting diagnosis or condition is either of the
following:
(1) A mental health disorder only. Although resistance to
treatment may be a product of a mental health disorder, the
resistance shall not, in itself, imply the presence of a mental
health disorder or constitute evidence that the minor meets the
admission criteria. A minor shall not be considered to have a mental
health disorder solely for exhibiting behaviors specified under
Sections 601 and 602.
(2) A mental health disorder and a substance abuse disorder.
SEC. 109. Section 6250 of the Welfare and Institutions Code is
amended to read:
6250. (a) As used in this part, "a person subject to judicial
commitment" means a person who may be judicially committed under this
part as a mentally disordered sex offender pursuant to Article 1
(commencing with Section 6331), a sexually violent predator pursuant
to Article 4 (commencing with Section 6600), or a person with
intellectual disabilities pursuant to Article 2 (commencing with
Section 6500) of Chapter 2.
(b) Nothing in this part shall be held to change or interfere with
the provisions of the Penal Code and other laws relating to persons
with mental health disorders who are charged with a crime or to
persons who are found to be not guilty by reason of insanity.
(c) This part shall be liberally construed so that, as far as
possible and consistent with the rights of persons subject to
commitment, those persons shall be treated, not as criminals, but as
sick persons.
SEC. 110. Section 6254 of the Welfare and Institutions Code is
amended to read:
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 )
_______________________
as a _________________, ) Order for
Care,
) Hospitalization,
or Commitment
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 hospital for the
care of persons with mental health disorders
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.
SEC. 111. Section 6551 of the Welfare and Institutions Code is
amended to read:
6551. (a) If the court is in doubt as to whether the person has a
mental health disorder or an intellectual disability, the court
shall order the person to be taken to a facility designated by the
county and approved by the State Department of 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 a mental health 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 has an intellectual disability, the juvenile court
may direct the filing in any other court of a petition for the
commitment of a minor as an intellectually disabled person to the
State Department of Developmental Services for placement in a state
hospital. In that 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
the commitment proceedings provide for the appointment by court of
medical or other expert witnesses or may consider the report as
evidence in addition to the testimony of medical or other expert
witnesses.
(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 a mental health disorder requiring
intensive treatment or an intellectual disability, the professional
person in charge of the facility shall return the minor to the
juvenile court on or before the expiration of the 72-hour period and
the court shall proceed with the case in accordance with the Juvenile
Court Law.
(d) Expenditure for the evaluation or intensive treatment of a
minor under this section shall be considered an expenditure made
under Part 2 (commencing with Section 5600) of Division 5 and shall
be reimbursed by the state as are other local expenditures pursuant
to that part.
(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.
SEC. 112. Section 6825 of the Welfare and Institutions Code is
amended to read:
6825. The procedures for handling persons with mental health
disorders who are 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.
SEC. 113. Section 7100 of the Welfare and Institutions Code is
amended to read:
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 have a mental health disorder or a
developmental disability, 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 an institution, psychiatric facility, or establishment
maintained or operated by the county.
(c) The facilities and services for persons who have, or are
alleged to have, a mental health disorder shall be subject to the
approval of the State Department of Health Care Services, and the
facilities and services for persons who have, or are alleged to have,
a developmental disability 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 persons who have a mental
health disorder or a developmental disability 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.
SEC. 114. Section 7200 of the Welfare and Institutions Code is
amended to read:
7200. There are in the state the following state hospitals for
the care, treatment, and education of persons with mental health
disorders:
(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.
SEC. 115. Section 7201 of the Welfare and Institutions Code is
amended to read:
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
serving persons with mental health disorders shall apply to the
conduct and management of the state hospitals. 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 serving persons with developmental disabilities
shall apply to the conduct and management of the state hospitals for
persons with developmental disabilities.
SEC. 116. Section 7226 of the Welfare and Institutions Code is
amended to read:
7226. The State Department of State Hospitals may admit to any
state hospital, if there is room therein, any soldier or sailor in
the service of the United States who has a mental health disorder on
terms agreed upon between the department and the properly authorized
agents, officers, or representatives of the United States government.
SEC. 117. Section 7227 of the Welfare and Institutions Code is
amended to read:
7227. Prisoners who have mental health disorders and who are in
the state prisons shall be admitted to the state hospitals in
accordance with the provisions of the Penal Code.
SEC. 118. Section 7275 of the Welfare and Institutions Code is
amended to read:
7275. (a) The husband, wife, father, mother, or children of a
patient in a state hospital, 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 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.
(b) This section does not impose liability for the care of persons
with intellectual disabilities in state hospitals.
SEC. 119. Section 7276 of the Welfare and Institutions Code is
amended to read:
7276. (a) The charge for the care and treatment of all persons
who have mental health disorders at state hospitals for whom there is
liability to pay therefor shall be determined pursuant to Section
4025. The Director of State Hospitals may reduce, cancel, 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 person who is an
alcoholic or who has a mental health disorder and who is a patient at
a state hospital, 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. Where 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 a 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 a 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.
SEC. 120. Section 7277 of the Welfare and Institutions Code is
amended to read:
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 community mental health clinics
maintained by the department and may take action 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
person with a mental health disorder or who has chronic alcoholism
and who is eligible for deportation by the federal immigration
authorities.
SEC. 121. Section 7278 of the Welfare and Institutions Code is
amended to read:
7278. The State Department of State Hospitals shall, following
the admission of a patient into a state hospital, 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, in each case, 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.
SEC. 122. Section 7280 of the Welfare and Institutions Code is
amended to read:
7280. The guardian or conservator of the estate of a person who
is confined in a state hospital may, from time to time, pay to the
state hospital moneys out of the estate to be used for the future
personal needs of the person while in a state hospital and for burial
expenses. These sums shall 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.
SEC. 123. Section 7283 of the Welfare and Institutions Code is
amended to read:
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 persons with
mental health disorders, 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 approved by the Department of
Finance.
SEC. 124. Section 7284 of the Welfare and Institutions Code is
amended to read:
7284. (a) If a person who lacks legal capacity to make decisions,
who has no guardian or conservator of the estate, and who has been
admitted or committed to the State Department of State Hospitals for
placement in a state hospital, 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 person's estate.
(b) For 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, 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.
(c) If a person admitted or committed to the State Department of
State Hospitals dies, leaving an 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
estate 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, conservator, or
administrator without bond. The officer designated by the department
shall be required to give a surety bond in an amount 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.
SEC. 125. Section 7294 of the Welfare and Institutions Code is
amended to read:
7294. (a) A person who has been committed as a delinquent with a
mental health disorder 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.
(b) If, within 30 days after the receipt of the certification, the
committing court orders the return of the person, the person shall
be returned forthwith to await further action of the court. If,
within 30 days after the receipt of the certification, 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 specified by the
superintendent. A paroled inmate may, at any time during the parole
period, 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 persons with mental health
disorders.
(c) When a 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 dispose of the court case as it deems necessary and proper.
(d) When, in the opinion of the medical superintendent, a person
previously committed as a delinquent with a mental health disorder
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,
including therein a report, diagnosis, 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.
SEC. 126. Section 7300 of the Welfare and Institutions Code is
amended to read:
7300. (a) 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 under the department's jurisdiction, the director may
cause the transfer of the patient. Preference shall be given in any
such transfer to an institution in an adjoining rather than a remote
district.
(b) However, before an inmate of a correctional school may be
transferred to a state hospital, 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 in accordance
with law.
(c) The expense of the 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 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.
SEC. 127. Section 7329 of the Welfare and Institutions Code is
amended to read:
7329. (a) When a patient, who is subject to judicial commitment,
has escaped from a public mental hospital in a state of the United
States other than California and is present in this state, a 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 a 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.
(b) As 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.
(c) If 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
having a mental health disorder.
SEC. 128. Section 7352 of the Welfare and Institutions Code is
amended to read:
7352. (a) The medical director of a state hospital may grant a
leave of absence to a judicially committed patient, except as
provided in Section 7350, under general conditions prescribed by the
State Department of State Hospitals.
(b) The 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 those services are authorized by law in effect
immediately preceding July 1, 1969.
SEC. 129. Section 7354 of the Welfare and Institutions Code is
amended to read:
7354. (a) A person with a mental health disorder 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, 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.
(b) The State Department of State Hospitals may make payments for
services for patients who have mental health disorders 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.
(c) No payments for care or services of a patient with a mental
health disorder 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.
(d) The provision for the 10-percent county share shall be
inapplicable with respect to a county with a population of under
100,000 persons that has not elected to participate financially in
providing services under Division 5 (commencing with Section 5000) in
accordance with Section 5709.5.
SEC. 130. Section 7357 of the Welfare and Institutions Code is
amended to read:
7357. The superintendent of a state hospital, on filing his or
her written certificate with the Director of State Hospitals, may
discharge a patient who, in his or her judgment, has recovered or did
not, at time of admission, have a mental health disorder.
SEC. 131. Section 7362 of the Welfare and Institutions Code is
amended to read:
7362. (a) 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 a patient who
comes within any of the following descriptions:
(1) Who is not a proper case for treatment therein.
(2) Who has a developmental disability or a chronic harmless
mental health disorder.
(b) The 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.
(c) No person who has been discharged from a state hospital under
the provisions of paragraph (2) of subdivision (a) shall be again
committed to a state hospital unless he or she is subject to judicial
commitment.
SEC. 132. Section 7500 of the Welfare and Institutions Code is
amended to read:
7500. There are established in the state the following state
hospitals for the care and treatment of persons with developmental
disabilities:
(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.
SEC. 133. Section 7501.5 of the Welfare and Institutions Code is
amended to read:
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 persons with mental health disorders 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, persons who have mental health
disorders 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 persons with mental health disorders
who are placed through those agreements and for payment of costs
incurred or services rendered by Ventura County.
SEC. 134. 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.