Bill Text: CA AB610 | 2013-2014 | Regular Session | Chaptered
Bill Title: State hospitals: involuntary treatment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-10-10 - Chaptered by Secretary of State - Chapter 705, Statutes of 2013. [AB610 Detail]
Download: California-2013-AB610-Chaptered.html
BILL NUMBER: AB 610 CHAPTERED
BILL TEXT
CHAPTER 705
FILED WITH SECRETARY OF STATE OCTOBER 10, 2013
APPROVED BY GOVERNOR OCTOBER 10, 2013
PASSED THE SENATE SEPTEMBER 9, 2013
PASSED THE ASSEMBLY SEPTEMBER 10, 2013
AMENDED IN SENATE SEPTEMBER 3, 2013
AMENDED IN SENATE JUNE 25, 2013
AMENDED IN ASSEMBLY APRIL 16, 2013
AMENDED IN ASSEMBLY APRIL 9, 2013
AMENDED IN ASSEMBLY APRIL 4, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Achadjian
FEBRUARY 20, 2013
An act to amend Section 2970 of the Penal Code, and to amend
Section 4117 of the Welfare and Institutions Code, relating to state
hospitals.
LEGISLATIVE COUNSEL'S DIGEST
AB 610, Achadjian. State hospitals: involuntary treatment.
Existing law requires, prior to the termination of parole or
release from prison, as specified, of a parolee or prisoner with a
severe mental disorder that is not in remission or cannot be kept in
remission without treatment, that a written evaluation on remission
be submitted to the district attorney of the county in which the
parolee is receiving outpatient treatment, or for those in prison or
in a state mental hospital, the district attorney of the county of
commitment.
This bill would specify that, in the case of a person who is in a
prison or in a state mental hospital, the written evaluation on
remission be submitted to the district attorney of the county of
commitment to prison.
Existing law requires a county to submit a statement of all mental
health treatment costs and a separate statement of all nontreatment
costs to the State Department of State Hospitals and the Controller,
respectively, when a trial or hearing is held for specified inmates
of state hospitals, including trials for persons charged with escape
from a state hospital and trials for persons who commit a crime while
confined in a state hospital.
This bill would make these provisions applicable to hearings for
an order seeking involuntary treatment with psychotropic medication,
or any other medication for which an order is required, of a person
confined in a state hospital.
Existing law authorizes a district attorney to file a petition for
continued involuntary treatment for one year of a prisoner who
refused to agree to treatment as part of parole, if the prisoner's
severe mental disorder is not in remission or cannot be kept in
remission without treatment and the prisoner represents a substantial
danger of physical harm to others.
This bill would require the nontreatment costs associated with any
hearing for the involuntary medication of a person committed under
this provision to be paid by the county of commitment, as defined.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2970 of the Penal Code is amended to read:
2970. (a) Not later than 180 days prior to the termination of
parole, or release from prison if the prisoner refused to agree to
treatment as a condition of parole as required by Section 2962,
unless good cause is shown for the reduction of that 180-day period,
if the parolee's or prisoner's severe mental disorder is not in
remission or cannot be kept in remission without treatment, the
medical director of the state hospital that is treating the parolee,
or the community program director in charge of the parolee's
outpatient program, or the Secretary of the Department of Corrections
and Rehabilitation, shall submit to the district attorney of the
county in which the parolee is receiving outpatient treatment, or for
those in prison or in a state mental hospital, the district attorney
of the county of commitment to prison, his or her written evaluation
on remission. If requested by the district attorney, the written
evaluation shall be accompanied by supporting affidavits.
(b) The district attorney may then file a petition with the
superior court for continued involuntary treatment for one year. The
petition shall be accompanied by affidavits specifying that
treatment, while the prisoner was released from prison on parole, has
been continuously provided by the State Department of State
Hospitals either in a state hospital or in an outpatient program. The
petition shall also specify that the prisoner has a severe mental
disorder, that the severe mental disorder is not in remission or
cannot be kept in remission if the person's treatment is not
continued, and that, by reason of his or her severe mental disorder,
the prisoner represents a substantial danger of physical harm to
others.
SEC. 2. Section 4117 of the Welfare and Institutions Code is
amended to read:
4117. (a) Whenever a trial is had of any person charged with
escape or attempt to escape from a state hospital, whenever a hearing
is had on the return of a writ of habeas corpus prosecuted by or on
behalf of any person confined in a state hospital except in a
proceeding to which Section 5110 applies, whenever a hearing is had
on a petition under Section 1026.2, subdivision (b) of Section
1026.5, Section 2966, or Section 2972 of the Penal Code, Section 7361
of this code, or former Section 6316.2 of this code for the release
of a person confined in a state hospital, whenever a hearing is had
for an order seeking involuntary treatment with psychotropic
medication, or any other medication for which an order is required,
of a person confined in a state hospital pursuant to Section 2962 of
the Penal Code, and whenever a person confined in a state hospital is
tried for a crime committed therein, the appropriate financial
officer or other designated official of the county in which the trial
or hearing is had shall make out a statement of all mental health
treatment costs and shall make out a separate statement of all
nontreatment costs incurred by the county for investigation and other
preparation for the trial or hearing, and the actual trial or
hearing, all costs of maintaining custody of the patient and
transporting him or her to and from the hospital, and costs of
appeal, which statements shall be properly certified by a judge of
the superior court of that county. The statement of mental health
treatment costs shall be sent to the State Department of State
Hospitals and the statement of all nontreatment costs, except as
provided in subdivision (c), shall be sent to the Controller for
approval. After approval, the department shall cause the amount of
mental health treatment costs incurred on or after July 1, 1987, to
be paid to the county mental health director or his or her designee
where the trial or hearing was held out of the money appropriated for
this purpose by the Legislature. In addition, the Controller shall
cause the amount of all nontreatment costs incurred on and after July
1, 1987, to be paid out of the money appropriated by the
Legislature, to the county treasurer of the county where the trial or
hearing was had.
(b) Commencing January 1, 2012, the nontreatment costs associated
with Section 2966 of the Penal Code and approved by the Controller,
as required by subdivision (a), shall be paid by the Department of
Corrections and Rehabilitation pursuant to Section 4750 of the Penal
Code.
(c) The nontreatment costs associated with any hearing for an
order seeking involuntary treatment with psychotropic medication, or
any other medication for which an order is required, of a person
confined in a state hospital pursuant to Section 2972 of the Penal
Code, as provided in subdivision (a), shall be paid by the county of
commitment. As used in this subdivision, "county of commitment" means
the county seeking the continued treatment of a mentally disordered
offender pursuant to Section 2972 of the Penal Code. The appropriate
financial officer or other designated official of the county in which
the proceeding is held shall make out a statement of all of the
costs incurred by the county for the investigation, preparation, and
conduct of the proceedings, and the costs of appeal, if any. The
statement shall be certified by a judge of the superior court of the
county. The statement shall then be sent to the county of commitment,
which shall reimburse the county providing the services.
(d) (1) Whenever a hearing is held pursuant to Section 1604, 1608,
1609, or 2966 of the Penal Code, all transportation costs to and
from a state hospital or a facility designated by the community
program director during the hearing shall be paid by the Controller
as provided in this subdivision. The appropriate financial officer or
other designated official of the county in which a hearing is held
shall make out a statement of all transportation costs incurred by
the county. The statement shall be properly certified by a judge of
the superior court of that county and sent to the Controller for
approval. The Controller shall cause the amount of transportation
costs incurred on and after July 1, 1987, to be paid to the county
treasurer of the county where the hearing was had out of the money
appropriated by the Legislature.
(2) As used in this subdivision, "community program director"
means the person designated pursuant to Section 1605 of the Penal
Code.
