Bill Text: CA AB610 | 2013-2014 | Regular Session | Amended

California Assembly Bill 610 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Amended.html

BILL NUMBER: AB 610	AMENDED
	BILL TEXT

	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 
  Code,   and to amend Section 4117 of the Welfare and
Institutions Code, relating to state hospitals.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 610, as amended, 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, that 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 nontreatment
 costs, to be submitted   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 with
psychotropic medication or other medication for which an order is
required.  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
 , as specified  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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   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  with psychotropic medication or other medication
for which an order is required,   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)  Commencing January 1, 2014, the   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  2970  
2972  of the Penal Code, as provided in subdivision (a), shall
be paid by the county of  commitment in accordance with the
provisions of Section 5110.   commitment.  As used
in this subdivision, "county of commitment" means the county seeking
the continued treatment of a mentally disordered offender pursuant to
Section  2970   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.