BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
AB 2190 (Maienschein) - Criminal defense: gravely disabled
persons.
Amended: May 23, 2014 Policy Vote: Health 8-0, PS 7-0
Urgency: No Mandate: Yes
Hearing Date: August 4, 2014
Consultant: Brendan McCarthy
This bill meets the criteria for referral to the Suspense File.
Bill Summary: AB 2190 would allow a court to place a person
found to be incompetent to stand trial or not guilty by reason
of insanity in an outpatient placement program, if the court
finds that the placement would not pose a danger to the public.
Fiscal Impact:
Unknown potential increase in court costs from additional
hearings to determine appropriate placements (General Fund).
Some individuals who have been found incompetent to stand
trial or not guilty by reason of insanity and who have been
placed in a state hospital may request an additional hearing
to determine whether they can be placed in an outpatient
placement before 180 days have elapsed. For example, if 5
percent of the applicable individuals currently in a state
hospital were to receive an additional half-day court
hearing, annual costs would be about $275,000 per year.
Potential annual costs in the low millions from community
placements paid for by the state (General Fund). Under
current law, the state pays for community placements of
patients who are moved from a state hospital under the
Forensic Conditional Release Program. If 50 percent of the
patients in a state hospital who request a hearing for
community placement are successful, annual state costs to
pay for their community placement would be about $2 million.
No savings are likely in the near-term. There is a long
waiting list for placement in a state hospital for
individuals who are incompetent to stand trial or not guilty
by reason of insanity (typically, these individuals are
being held in county jails or other facilities at the local
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level). Therefore, any individuals who are released from a
State Hospital will immediately be replaced by another
individual from the waiting list. In the 2014-15 Budget Act,
the Department received about $35 million to expand the
capacity to house incompetent to stand trial patients. In
the long-run, there could be savings to the state if there
is no longer a waiting list for admission to state
hospitals.
Background: Under current law, any person found incompetent to
stand trial or not guilty by reason of insanity of one of a
number of serious crimes must be confined in a state hospital or
other inpatient treatment facility for at least 180 days. After
180 days, such an individual can be placed on outpatient status
if certain conditions are met.
Proposed Law: AB 2190 would allow a court to place a person
found to be incompetent to stand trial or not guilty by reason
of insanity in an outpatient placement program, if the court
finds that the placement would not pose a danger to the public.
Specific provisions of the bill would:
Allow outpatient status to a person who under current law
would be confined to a state hospital for at least 180 days
if the court finds a suitable placement, including an
outpatient placement, that would provide more appropriate
mental health treatment and would not pose a risk to public
safety;
Require the officer providing a conservatorship
investigation to serve a copy of the report to the defendant
or his or her attorney;
Require, upon request of the defendant, submission of the
conservatorship report to the court and other entities.
Related Legislation: AB 1340 (Achadjian) would establish
"enhanced treatment programs" for dangerous patients in state
hospitals. That bill will be heard in this committee.
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