Bill Text: CA AB1815 | 2013-2014 | Regular Session | Introduced
Bill Title: Prison inmates: organic therapy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-19 - From printer. May be heard in committee March 21. [AB1815 Detail]
Download: California-2013-AB1815-Introduced.html
BILL NUMBER: AB 1815 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jones-Sawyer
FEBRUARY 18, 2014
An act to amend Section 2670.5 of the Penal Code, relating organic
therapy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1815, as introduced, Jones-Sawyer. Prison inmates: organic
therapy.
Existing law recognizes that all persons, including all persons
involuntarily confined, have a fundamental right against enforced
interference with their thought processes, states of mind, and
patterns of mentation through the use of organic therapies and
prohibits administering or subjecting to organic therapy a person
confined or detained in state prison, as specified, without the
person's consent.
This bill would make nonsubstantive, technical changes to the
latter provision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2670.5 of the Penal Code is amended to read:
2670.5. (a) No person confined or detained under
pursuant to Title 1 (commencing with Section
2000) and Title 2 (commencing with Section 3200) shall be
administered or subjected to any organic therapy as defined in
subdivision (c) without his or her informed consent, provided that:
(1) If the person gives his or her informed consent to organic
therapy, it shall be administered only if there has been compliance
with Sections 2675 to 2680, inclusive.
(2) If the person lacks the capacity for informed consent to
organic therapy other than psychosurgery as referred to in
subdivision (c), in order to proceed with the therapy, the warden
shall secure an order from the superior court to authorize the
administration of the therapy in accordance with Sections 2675 to
2680, inclusive.
(b) No person confined or detained under Title 1 (commencing with
Section 2000) or Title 2 (commencing with Section 3200) who lacks the
capacity for informed consent shall be administered or subjected to
psychosurgery as referred to in subdivision (c).
(c) The term organic therapy refers to:
(1) Psychosurgery, including lobotomy, stereotactic surgery,
electronic, chemical or other destruction of brain tissues, or
implantation of electrodes into brain tissue.
(2) Shock therapy, including, but not limited to, any convulsive
therapy and insulin shock treatments.
(3) The use of any drugs, electric shocks, electronic stimulation
of the brain, or infliction of physical pain when used as an aversive
or reinforcing stimulus in a program of aversive, classical, or
operant conditioning.
(d) A person does not waive his or her right to refuse any organic
therapy by having previously given his or her informed consent to
the therapy, and the person may withdraw his or her consent at any
time.
If required by sound medical-psychiatric practice, the attending
physician shall, after the person withdraws his or her previously
given informed consent, gradually phase the person out of the therapy
if sudden cessation would create a serious risk of mental or
physical harm to the person.
(e) Nothing in this article shall be construed to prevent the
attending physician from administering nonorganic therapies such as
psychotherapy, psychoanalysis, group therapy, milieu therapy, or
other therapies or programs involving communication or interaction
among physicians, patients, and others, with or without the use of
drugs when used for purposes other than described in paragraph (3) of
subdivision (c).
(f) Nothing in this article shall be construed to prevent the
administration of drugs not connected with a program of conditioning
and intended to cause negative physical reactions to ingestion of
alcohol or drugs.
