Bill Text: CA AB1488 | 2011-2012 | Regular Session | Chaptered
Bill Title: State Department of State Hospitals.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Passed) 2012-09-22 - Chaptered by Secretary of State - Chapter 440, Statutes of 2012. [AB1488 Detail]
Download: California-2011-AB1488-Chaptered.html
BILL NUMBER: AB 1488 CHAPTERED
BILL TEXT
CHAPTER 440
FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2012
APPROVED BY GOVERNOR SEPTEMBER 22, 2012
PASSED THE SENATE AUGUST 28, 2012
PASSED THE ASSEMBLY AUGUST 29, 2012
AMENDED IN SENATE AUGUST 21, 2012
INTRODUCED BY Committee on Budget (Blumenfield (Chair), Alejo,
Bonilla, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,
Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)
JANUARY 10, 2012
An act to amend Sections 56853, 56854, 56856, 56857, and 56862 of
the Education Code, to amend Section 7826 of the Family Code, to
amend Sections 6253.4, 7578, 8880.5, 11019, 11435.15, 14670.1,
14670.15, 14670.2, 14672.6, 14672.85, 14672.95, 14685, 14977.5,
16304.6, 19583.5, 19583.51, 19849.22, 20046.5, 20047, 20391, 20407,
20407.5, 20408, 20410, 20687.2, 27491, and 70659 of the Government
Code, to amend Section 127450 of the Health and Safety Code, to amend
Sections 1370.01, 1370.4, 1551.05, and 9001 of the Penal Code, to
amend Sections 1461, 1510, 1511, 1821, 1822, 2420, 2541, 2611, 2621,
2682, 2683, 2921, 3088, 3121, 3140, 3602, 3604, 3605, and 3611 of the
Probate Code, and to amend Sections 1078, 3003, 4308, 4314, 5304,
5328.15, 5329, 6254, 6603, 6603.5, 6604.1, 6607, 6609.1, 6609.2,
7501, 7501.5, 7509, 8104, 10506, 14105.19, 14105.191, 14110, 15650,
and 15658 of the Welfare and Institutions Code, relating to mental
health, and making an appropriation therefor, to take effect
immediately, bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 1488, Committee on Budget. State Department of State Hospitals.
Existing law provides for state hospitals for the care, treatment,
and education of mentally disordered persons, which are under the
jurisdiction of the State Department of State Hospitals.
This bill would make technical, nonsubstantive changes to various
provisions of law to, in part, delete obsolete references to the
State Department of Mental Health.
This bill would appropriate the sum of $1,000 from the General
Fund to the State Department of State Hospitals for administration.
This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 56853 of the Education Code is amended to read:
56853. Nothing contained in this chapter shall affect the
continued authority of the State Departments of Developmental
Services and State Hospitals over educational programs for
individuals not eligible for services under the Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) nor shall it
affect the overall responsibility of the state hospitals for the
care, treatment, and safety of individuals with exceptional needs
under their control. The state hospitals shall continue to render
appropriate and necessary developmental services, health related
services, psychiatric services, and related services assigned to the
state hospitals in the local written agreements, as part of their
responsibilities for the care and treatment of state hospital
residents.
Health related services shall include services provided by
physicians, psychiatrists, psychologists, audiologists, registered
nurses, social workers, physical therapists, occupational therapists,
psychiatric technicians, and developmental specialists, and shall be
the responsibility of the state hospital if the individual with
exceptional needs requires these services while in the community
program.
SEC. 2. Section 56854 of the Education Code is amended to read:
56854. (a) The Superintendent and the Directors of the State
Departments of Developmental Services and State Hospitals shall
develop written interagency agreements to carry out the purposes of
this chapter.
(b) For each county in which a state hospital is located, the
county superintendent of schools, with the approval of the county
board of education and the administrator of the state hospital, shall
develop a local written agreement to carry out the purposes of this
chapter. These agreements shall be reviewed and updated annually and
may be modified at any time with the concurrence of both parties to
the agreements.
SEC. 3. Section 56856 of the Education Code is amended to read:
56856. In order to provide appropriate special education and
related services to an individual residing in a state hospital, the
State Departments of Developmental Services and State Hospitals shall
contract with a county superintendent of schools, nonpublic,
nonsectarian school, or other agency to provide all or part of the
services that the individual's individualized education program
indicates should be provided in a program other than on state
hospital grounds. A contract between a state hospital and a
nonpublic, nonsectarian school shall only be entered into when no
appropriate public education program is available.
SEC. 4. Section 56857 of the Education Code is amended to read:
56857. Nothing in this chapter shall preclude the State
Departments of Developmental Services and State Hospitals from
contracting with a local public education agency, a nonpublic,
nonsectarian school, or another agency to provide special education
and related services on the state hospital grounds for those pupils
whose individualized education programs do not indicate that such
education and services should be provided in a program other than on
state hospital grounds. These contracts shall not involve funds
appropriated for purposes of community-based special education
programs provided for state hospital pupils pursuant to this chapter.
SEC. 5. Section 56862 of the Education Code is amended to read:
56862. It is not the intent of this chapter to displace
educational and related services personnel already employed by the
state hospitals under the administration of the State Department of
Developmental Services or the State Department of State Hospitals, or
to reduce their salaries or other employee benefits.
The State Department of Developmental Services and the State
Department of State Hospitals shall complete an annual review of the
impact that implementation of this act will have in reducing the need
for positions in state hospitals due to time spent by residents in
community education programs and shall submit a report on its
findings to the Department of Finance for approval.
SEC. 6. Section 7826 of the Family Code is amended to read:
7826. A proceeding under this part may be brought where both of
the following requirements are satisfied:
(a) The child is one whose parent or parents have been declared by
a court of competent jurisdiction, wherever situated, to be
developmentally disabled or mentally ill.
(b) In the state or country in which the parent or parents reside
or are hospitalized, the Director of State Hospitals or the Director
of Developmental Services, or their equivalent, if any, and the
executive director of the hospital, if any, of which the parent or
parents are inmates or patients, certify that the parent or parents
so declared to be developmentally disabled or mentally ill will not
be capable of supporting or controlling the child in a proper manner.
SEC. 7. Section 6253.4 of the Government Code is amended to read:
6253.4. (a) Every agency may adopt regulations stating the
procedures to be followed when making its records available in
accordance with this section.
The following state and local bodies shall establish written
guidelines for accessibility of records. A copy of these guidelines
shall be posted in a conspicuous public place at the offices of these
bodies, and a copy of the guidelines shall be available upon request
free of charge to any person requesting that body's records:
Department of Motor Vehicles
Department of Consumer Affairs
Department of Transportation
Department of Real Estate
Department of Corrections
Department of the Youth Authority
Department of Justice
Department of Insurance
Department of Corporations
Department of Managed Health Care
Secretary of State
State Air Resources Board
Department of Water Resources
Department of Parks and Recreation
San Francisco Bay Conservation and Development Commission
State Board of Equalization
State Department of Health Care Services
Employment Development Department
State Department of Public Health
State Department of Social Services
State Department of State Hospitals
State Department of Developmental Services
State Department of Alcohol and Drug Abuse
Office of Statewide Health Planning and Development
Public Employees' Retirement System
Teachers' Retirement Board
Department of Industrial Relations
Department of General Services
Department of Veterans Affairs
Public Utilities Commission
California Coastal Commission
State Water Resources Control Board
San Francisco Bay Area Rapid Transit District
All regional water quality control boards
Los Angeles County Air Pollution Control District
Bay Area Air Pollution Control District
Golden Gate Bridge, Highway and Transportation District
Department of Toxic Substances Control
Office of Environmental Health Hazard Assessment
(b) Guidelines and regulations adopted pursuant to this section
shall be consistent with all other sections of this chapter and shall
reflect the intention of the Legislature to make the records
accessible to the public. The guidelines and regulations adopted
pursuant to this section shall not operate to limit the hours public
records are open for inspection as prescribed in Section 6253.
SEC. 8. Section 7578 of the Government Code is amended to read:
7578. The provision of special education programs and related
services for disabled children and youth residing in state hospitals
shall be ensured by the State Department of Developmental Services,
the State Department of State Hospitals, and the Superintendent of
Public Instruction in accordance with Chapter 8 (commencing with
Section 56850) of Part 30 of the Education Code.
SEC. 9. Section 8880.5 of the Government Code is amended to read:
8880.5. Allocations for education:
The California State Lottery Education Fund is created within the
State Treasury, and is continuously appropriated for carrying out the
purposes of this chapter. The Controller shall draw warrants on this
fund and distribute them quarterly in the following manner, provided
that the payments specified in subdivisions (a) to (g), inclusive,
shall be equal per capita amounts.
(a) (1) Payments shall be made directly to public school
districts, including county superintendents of schools, serving
kindergarten and grades 1 to 12, inclusive, or any part thereof, on
the basis of an equal amount for each unit of average daily
attendance, as defined by law and adjusted pursuant to subdivision (
l ).
(2) For purposes of this paragraph, in each of the 2008-09,
2009-10, 2010-11, 2011-12, and 2012-13 fiscal years, the number of
units of average daily attendance in each of those fiscal years for
programs for public school districts, including county
superintendents of schools, serving kindergarten and grades 1 to 12,
inclusive, shall include the same amount of average daily attendance
for classes for adults and regional occupational centers and programs
used in the calculation made pursuant to this subdivision for the
2007-08 fiscal year.
(b) Payments shall also be made directly to public school
districts serving community colleges, on the basis of an equal amount
for each unit of average daily attendance, as defined by law.
(c) Payments shall also be made directly to the Board of Trustees
of the California State University on the basis of an amount for each
unit of equivalent full-time enrollment. Funds received by the
trustees shall be deposited in and expended from the California State
University Lottery Education Fund, which is hereby created or, at
the discretion of the trustees, deposited in local trust accounts in
accordance with subdivision (j) of Section 89721 of the Education
Code.
(d) Payments shall also be made directly to the Regents of the
University of California on the basis of an amount for each unit of
equivalent full-time enrollment.
(e) Payments shall also be made directly to the Board of Directors
of the Hastings College of the Law on the basis of an amount for
each unit of equivalent full-time enrollment.
(f) Payments shall also be made directly to the Department of the
Youth Authority for educational programs serving kindergarten and
grades 1 to 12, inclusive, or any part thereof, on the basis of an
equal amount for each unit of average daily attendance, as defined by
law.
(g) Payments shall also be made directly to the two California
Schools for the Deaf, the California School for the Blind, and the
three Diagnostic Schools for Neurologically Handicapped Children, on
the basis of an amount for each unit of equivalent full-time
enrollment.
(h) Payments shall also be made directly to the State Department
of Developmental Services and the State Department of State Hospitals
for clients with developmental or mental disabilities who are
enrolled in state hospital education programs, including
developmental centers, on the basis of an equal amount for each unit
of average daily attendance, as defined by law.
(i) No Budget Act or other statutory provision shall direct that
payments for public education made pursuant to this chapter be used
for purposes and programs (including workload adjustments and
maintenance of the level of service) authorized by Chapters 498, 565,
and 1302 of the Statutes of 1983, Chapter 97 or 258 of the Statutes
of 1984, or Chapter 1 of the Statutes of the 1983-84 Second
Extraordinary Session.
(j) School districts and other agencies receiving funds
distributed pursuant to this chapter may at their option utilize
funds allocated by this chapter to provide additional funds for those
purposes and programs prescribed by subdivision (i) for the purpose
of enrichment or expansion.
(k) As a condition of receiving any moneys pursuant to subdivision
(a) or (b), each district and county superintendent of schools shall
establish a separate account for the receipt and expenditure of
those moneys, which account shall be clearly identified as a lottery
education account.
( l ) Commencing with the 1998-99 fiscal year, and each
year thereafter, for the purposes of subdivision (a), average daily
attendance shall be increased by the statewide average rate of
excused absences for the 1996-97 fiscal year as determined pursuant
to the provisions of Chapter 855 of the Statutes of 1997. The
statewide average excused absence rate, and the corresponding
adjustment factor required for the operation of this subdivision,
shall be certified to the State Controller by the Superintendent of
Public Instruction.
(m) It is the intent of this chapter that all funds allocated from
the California State Lottery Education Fund shall be used
exclusively for the education of pupils and students and no funds
shall be spent for acquisition of real property, construction of
facilities, financing of research, or any other noninstructional
purpose.
SEC. 10. Section 11019 of the Government Code is amended to read:
11019. (a) Any department or authority specified in subdivision
(b) may, upon determining that an advance payment is essential for
the effective implementation of a program within the provisions of
this section, and to the extent funds are available, advance to a
community-based private nonprofit agency with which it has
contracted, pursuant to federal law and related state law, for the
delivery of services, not to exceed 25 percent of the annual
allocation to be made pursuant to the contract and those laws during
the fiscal year to the private nonprofit agency. Advances in excess
of 25 percent may be made on contracts financed by a federal program
when the advances are not prohibited by federal guidelines. Advance
payments may be provided for services to be performed under any
contract with a total annual contract amount of four hundred thousand
dollars ($400,000) or less. This amount shall be increased by 5
percent, as determined by the Department of Finance, for each year
commencing with 1989. Advance payments may also be made with respect
to any contract that the Department of Finance determines has been
entered into with any community-based private nonprofit agency with
modest reserves and potential cashflow problems. No advance payment
shall be granted if the total annual contract exceeds four hundred
thousand dollars ($400,000), without the prior approval of the
Department of Finance.
The specific departments and authority mentioned in subdivision
(b) shall develop a plan to establish control procedures for advance
payments. Each plan shall include a procedure whereby the department
or authority determines whether or not an advance payment is
essential for the effective implementation of a particular program
being funded. Each plan shall be approved by the Department of
Finance.
(b) Subdivision (a) shall apply to the Emergency Medical Service
Authority, the California Department of Aging, the State Department
of Developmental Services, the State Department of Alcohol and Drug
Programs, the Department of Corrections, the Department of Economic
Opportunity, the Employment Development Department, the State
Department of Health Services, the State Department of State
Hospitals, the Department of Rehabilitation, the State Department of
Social Services, the Department of Child Support Services, the
Department of the Youth Authority, the State Department of Education,
the area boards on developmental disabilities, the State Council on
Developmental Disabilities, the Office of Statewide Health Planning
and Development, and the California Environmental Protection Agency,
including all boards and departments contained therein.
Subdivision (a) shall also apply to the California Health and
Human Services Agency, which may make advance payments, pursuant to
the requirements of that subdivision, to multipurpose senior services
projects as established in Sections 9400 to 9413, inclusive, of the
Welfare and Institutions Code.
Subdivision (a) shall also apply to the Resources Agency,
including all boards and departments contained in that agency, which
may make advance payments pursuant to the requirements of that
subdivision with respect to grants and contracts awarded to certified
local community conservation corps.
(c) A county may, upon determining that an advance payment is
essential for the effective implementation of a program within the
provisions of this section, and to the extent funds are available,
and not more frequently than once each fiscal year, advance to a
community-based private nonprofit agency with which it has
contracted, pursuant to any applicable federal or state law, for the
delivery of services, not to exceed 25 percent of the annual
allocation to be made pursuant to the contract and those laws, during
the fiscal year to the private nonprofit agency.
SEC. 11. Section 11435.15 of the Government Code is amended to
read:
11435.15. (a) The following state agencies shall provide language
assistance in adjudicative proceedings to the extent provided in
this article:
Agricultural Labor Relations Board
Department of Alcohol and Drug Abuse
State Athletic Commission
California Unemployment Insurance Appeals Board
Board of Prison Terms
State Board of Barbering and Cosmetology
State Department of Developmental Services
Public Employment Relations Board
Franchise Tax Board
State Department of Health Services
Department of Housing and Community Development
Department of Industrial Relations
State Department of State Hospitals
Department of Motor Vehicles
Notary Public Section, Office of the Secretary of State
Public Utilities Commission
Office of Statewide Health Planning and Development
State Department of Social Services
Workers' Compensation Appeals Board
Department of the Youth Authority
Youthful Offender Parole Board
Department of Insurance
State Personnel Board
California Board of Podiatric Medicine
Board of Psychology
(b) Nothing in this section prevents an agency other than an
agency listed in subdivision (a) from electing to adopt any of the
procedures in this article, provided that any selection of an
interpreter is subject to Section 11435.30.
(c) Nothing in this section prohibits an agency from providing an
interpreter during a proceeding to which this chapter does not apply,
including an informal factfinding or informal investigatory hearing.
(d) This article applies to an agency listed in subdivision (a)
notwithstanding a general provision that this chapter does not apply
to some or all of an agency's adjudicative proceedings.
SEC. 12. Section 14670.1 of the Government Code is amended to
read:
14670.1. Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of State
Hospitals, may let to a nonprofit corporation, for the purpose of
conducting an educational and work program for mentally retarded
persons, and for a period not to exceed 50 years, real property not
exceeding 10 acres located within the grounds of the Napa State
Hospital.
The lease authorized by this section shall be nonassignable and
shall be subject to periodic review every five years. This review
shall be made by the Director of General Services, who shall do both
of the following:
(a) Assure the state that the original purposes of the lease are
being carried out.
(b) Determine what, if any, adjustment should be made in the terms
of the lease.
The lease shall also provide for an initial capital outlay by the
lessee of thirty thousand dollars ($30,000) prior to January 1, 1976.
Such capital outlay may be, or may have been, contributed before or
after the effective date of the act adding this section.
SEC. 13. Section 14670.15 of the Government Code is amended to
read:
14670.15. Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of State
Hospitals, may lease to Napa County for a period not to exceed 60
years, 32,632 square feet, on the east of Residence 09, building 225,
facing Imola Street between Shurleft and Tejas Street, within the
boundaries of Napa State Hospital for establishment of an independent
living facility for persons who are mentally ill, persons who are
handicapped, or persons who have low income. The lease shall be under
terms and conditions determined by the director to be in the best
interests of the state.
SEC. 14. Section 14670.2 of the Government Code, as amended by
Section 1 of Chapter 65 of the Statutes of 1992, is amended to read:
14670.2. Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of State
Hospitals, may, in the best interests of the state, let to a public
governmental agency, for the purpose of locating and conducting its
trainable mentally retarded program, and for locating and conducting
a child-care facility, and for a period not to exceed 50 years, real
property not exceeding 10 acres located within the grounds of the
Napa State Hospital. For the additional purpose of establishing an
educational park, the director may, with the consent of the
department, renegotiate the lease, for a period not to exceed 50
years, which period shall commence January 1, 1993. For the purposes
of this section, "educational park" means a conglomerate of
educational services, including, but not limited to, a children's
center, a preschool for severely disabled children, adult educational
services, administrative offices, a community school, and a media
services building.
The lease authorized by this section shall be nonassignable and
shall be subject to periodic review every five years. That review
shall be made by the Director of General Services, who shall do both
of the following:
(a) Assure the state the purposes of the lease are being carried
out.
(b) Determine what, if any, adjustment should be made in the terms
of the lease.
The lease shall also provide for the establishment of a school
building facility by the lessee prior to July 1, 1977. That facility
shall not be established until after the effective date of the act
amending this section.
SEC. 15. Section 14672.6 of the Government Code is amended to
read:
14672.6. Notwithstanding Section 14670, the Director of General
Services, with the consent of the Director of State Hospitals, may
let to a nonprofit corporation, for the purpose of conducting a
canteen for use in connection with Napa State Hospital, and for a
period not to exceed 25 years, a building located within the grounds
of Napa State Hospital at Napa, California.
SEC. 16. Section 14672.85 of the Government Code is amended to
read:
14672.85. Notwithstanding Section 14670, the director, with the
consent of the State Department of State Hospitals, may let to East
Valley Water District for the purpose of development and operation of
a public golf course and park, and for a period not to exceed 30
years, real property not exceeding 90 acres located within the
grounds of Patton State Hospital on those terms and conditions that
are determined by the Director of State Hospitals and by the Director
of General Services to be in the best interest of the state and for
rent that is not less than the fair market value of the land. The
lease shall provide for renegotiation of the rent at 5-year intervals
or at any more frequent interval determined by the Director of
General Services and the Director of State Hospitals to be in the
best interest of the state.
The rent, fees, or proceeds collected in connection with the lease
of property pursuant to this section shall be made available to the
State Department of State Hospitals for allocation to the Patient
Benefits Fund of Atascadero, Camarillo, Metropolitan, Napa, and
Patton State Hospitals in an amount not to exceed twenty thousand
dollars ($20,000) annually per hospital, in accordance with Section
4125 of the Welfare and Institutions Code. Any additional amounts
collected shall be deposited in the General Fund. Notwithstanding
Section 13340, the moneys deposited in a patient benefits fund
pursuant to this section are continuously appropriated, without
regard to fiscal years, for patient benefits as provided in Section
4125 of the Welfare and Institutions Code.
SEC. 17. Section 14672.95 of the Government Code is amended to
read:
14672.95. Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of State
Hospitals, may let to a nonprofit corporation or local government,
for a period not to exceed 20 years, and for the purpose of providing
services to elderly persons, a building located at Patton State
Hospital.
SEC. 18. Section 14685 of the Government Code is amended to read:
14685. (a) The director shall appoint assistants, clerks, and
employees as may be necessary to maintain the state buildings and
grounds. The employees shall not have or perform the duties or
functions of peace officers.
The department may establish rules and regulations for the
government and maintenance of the state buildings and grounds. Every
person who violates or attempts to violate the rules and regulations
is guilty of a misdemeanor.
(b) Information regarding missing children provided by the
Department of Justice pursuant to Section 11114.1 of the Penal Code
shall be posted in public areas of all state-owned or leased
buildings that have at least 20,000 square feet of office space, or
that are staffed by at least 50 employees, or where service is
provided to the general public and in other public areas of
state-owned or leased buildings as determined by the department to be
reasonable.
(c) (1) The Department of the California Highway Patrol may
establish rules and regulations pertaining to the protection of state
employees, properties, buildings and grounds, and occupants of state
properties, including, but not limited to, the issuance of permits
concerning the use of state buildings, properties, and grounds.
(2) A violation of any rule or regulation adopted pursuant to
paragraph (1) is a misdemeanor.
(3) This subdivision does not apply to state buildings or grounds
owned, leased, rented, controlled, used, or occupied by the
University of California, the California State University, Hastings
College of the Law, the California Exposition and State Fair, the
state hospitals of the State Department of State Hospitals or the
State Department of Developmental Services, the institutions and
camps of the Department of Corrections or the Department of the Youth
Authority, and the parks and beaches of the Department of Parks and
Recreation.
SEC. 19.
Section 14977.5 of the Government Code is amended to read:
14977.5. (a) The following state agencies shall participate in
the prescription drug bulk purchasing program authorized under this
chapter.
(1) State Department of State Hospitals.
(2) Department of Corrections.
(3) Department of the Youth Authority.
(4) State Department of Developmental Services.
(b) Any state, district, county, city, municipal, or public agency
governmental entity, other than a state entity specified in
subdivision (a), may elect to participate in the coordinated
purchasing program.
SEC. 20. Section 16304.6 of the Government Code is amended to
read:
16304.6. Within the time during which the appropriation is
available for expenditure, the California Victim Compensation and
Government Claims Board at the request of the director of the
department concerned and with the approval of the Director of
Finance, may authorize that unneeded funds in any appropriation for
the support of an institution, school, or college or for family care
or private home care or for parole supervision activities within any
of the following departments shall be available and be deemed
appropriated for the support of any institution, school, or college
or for family care or private home care or for parole supervision
activities within the same department:
(a) Department of Corrections and Rehabilitation.
(b) Department of the Youth Authority.
(c) State Department of Education.
(d) State Department of State Hospitals.
SEC. 21. Section 19583.5 of the Government Code is amended to
read:
19583.5. (a) Any person, except for a current ward of the
Division of Juvenile Facilities, a current inmate of the Department
of Corrections and Rehabilitation, or a current patient of a facility
operated by the State Department of State Hospitals, with the
consent of the board or the appointing power may file charges against
an employee requesting that adverse action be taken for one or more
causes for discipline specified in this article. Charges filed by a
person who is a state employee shall not include issues covered by
the state's employee grievance or other merit appeals processes. Any
request of the board to file charges pursuant to this section shall
be filed within one year of the event or events that led to the
filing. The employee against whom the charges are filed shall have a
right to answer as provided in this article. In all of these cases, a
hearing shall be conducted in accord with this article and if the
board finds that the charges are true it shall have the power to take
any adverse action as in its judgment is just and proper. An
employee who has sought to bring a charge or an adverse action
against another employee using the grievance process, shall first
exhaust that administrative process prior to bringing the case to the
board.
(b) This section shall not be construed to supersede Section
19682.
SEC. 22. Section 19583.51 of the Government Code is amended to
read:
19583.51. (a) Effective January 1, 1996, notwithstanding Section
19583.5, this section shall only apply to state employees in State
Bargaining Unit 5. Any person, except for a current ward of the
Division of Juvenile Facilities, a current inmate of the Department
of Corrections and Rehabilitation, or a current patient of a facility
operated by the State Department of State Hospitals, with the
consent of the board or the appointing power may file charges against
an employee requesting that adverse action be taken for one or more
causes for discipline specified in this article. Any request of the
board to file charges pursuant to this section shall be filed within
one year of the event or events that led to the filing. The employee
against whom the charges are filed shall have a right to answer as
provided in this article. In all of these cases, a hearing shall be
conducted in accordance with this article and if the board finds that
the charges are true it shall have the power to take any adverse
action as in its judgment is just and proper.
(b) This section shall not be construed to supersede Section
19682.
(c) Any adverse action, as defined by Section 19576.1, that
results from a request to file charges pursuant to this section, is
subject to the appeal procedures in Section 19576.1.
SEC. 23. Section 19849.22 of the Government Code is amended to
read:
19849.22. The Legislature finds and declares the following:
(a) If the state is to attract and retain a competent correction
workforce, there is a compelling need to adequately compensate state
peace officer/firefighter members who are supervisors.
(b) A supervisory compensation differential is necessary to
compensate state peace officer/firefighter members who are
supervisors within the departments and boards of the Youth and Adult
Correctional Agency or who are correctional supervisors within the
State Department of State Hospitals for the greater responsibility of
accomplishing correctional work through the direction of others.
(c) For purposes of measuring the compensation differential
referred to in subdivision (b), the value of salaries and other
economic benefits shall be considered in calculating comparative
rates.
SEC. 24. Section 20046.5 of the Government Code is amended to
read:
20046.5. "Industrial" with respect to state miscellaneous members
also means death or disability on or after January 1, 1995,
resulting from an injury that is a direct consequence of a violent
act perpetrated on his or her person by a patient or client of the
State Department of State Hospitals at Metropolitan State Hospital or
Napa State Hospital if:
(a) The member was performing his or her duties within a treatment
ward at the time of the injury, or
(b) The member was not within a treatment ward but was acting
within the scope of his or her employment at the hospital and is
regularly and substantially as part of his or her duties in contact
with the patients or clients, and
(c) The member at the time of injury was employed in a state
bargaining unit for which a memorandum of understanding has been
agreed to by the state employer and the recognized employee
organization to become subject to this section, or
(d) The member was either excluded from the definition of state
employee in subdivision (c) of Section 3513 or was a nonelected
officer or employee of the executive branch of government who was not
a member of the civil service.
SEC. 25. Section 20047 of the Government Code is amended to read:
20047. "Industrial" with respect to state miscellaneous members
also means death or disability after January 1, 1993, resulting from
an injury that is a direct consequence of a violent act perpetrated
on his or her person by a patient or client of the State Department
of State Hospitals at Patton State Hospital or Atascadero State
Hospital, an inmate at the State Department of State Hospitals
Psychiatric Program at California Medical Facility at Vacaville, or a
patient at any other state hospital which is deemed a forensic
facility if:
(a) The member was performing his or her duties within a treatment
ward at the time of the injury, or
(b) The member was not within a treatment ward but was acting
within the scope of his or her employment at the hospital and is
regularly and substantially as part of his or her duties in contact
with the patients or clients, and
(c) The member at the time of injury was employed in a state
bargaining unit for which a memorandum of understanding has been
agreed to by the state employer and the recognized employee
organization to become subject to this section, or
(d) The member was either excluded from the definition of state
employee in subdivision (c) of Section 3513 or was a nonelected
officer or employee of the executive branch of government who was not
a member of the civil service.
SEC. 26. Section 20391 of the Government Code is amended to read:
20391. "State peace officer/firefighter member" means:
(a) All persons in the Board of Prison Terms, the Department of
Consumer Affairs, the Department of Developmental Services, the
Department of Health Services, the Department of Toxic Substances
Control, the Horse Racing Board, the Department of Industrial
Relations, the Department of Insurance, the State Department of State
Hospitals, the Department of Motor Vehicles, the Department of
Social Services employed with the class title of Special Investigator
(Class Code 8553), Senior Special Investigator (Class Code 8550),
and Investigator Assistant (Class Code 8554) who have been designated
as peace officers as defined in Sections 830.2 and 830.3 of the
Penal Code.
(b) All persons in the Department of Alcoholic Beverage Control
employed with the class title Investigator Trainee, Alcoholic
Beverage Control (Class Code 7553), Investigator I, Alcoholic
Beverage Control, Range A and B (Class Code 7554), and Investigator
II, Alcoholic Beverage Control (Class Code 7555) who have been
designated as peace officers as defined in Sections 830.2 and 830.3
of the Penal Code.
(c) All persons within the Department of Justice who are state
employees as defined in subdivision (c) of Section 3513 and who have
been designated as peace officers and performing investigative
duties.
(d) All persons in the Department of Parks and Recreation employed
with the class title of Park Ranger (Intermittent) (Class Code 0984)
who have been designated as peace officers as defined in Sections
830.2 and 830.3 of the Penal Code.
(e) All persons in the Franchise Tax Board who have been
designated as peace officers in subdivision (s) of Section 830.3 of
the Penal Code.
(f) A member who is employed in a position that is reclassified to
state peace officer/firefighter pursuant to this section may make an
irrevocable election in writing to remain subject to the service
retirement benefit and the normal rate of contribution applicable
prior to reclassification by filing a notice of election with the
board within 90 days of notification by the board. A member who so
elects shall be subject to the reduced benefit factors specified in
Section 21353 or 21354.1, as applicable, only for service included in
the federal system.
SEC. 27. Section 20407 of the Government Code is amended to read:
20407. "State safety member" also includes officers and employees
with the State Department of State Hospitals and the Department of
Corrections and Rehabilitation in the following classifications:
Classification
Code Classification Title
8254 Prelicensed Psychiatric
Technician
(forensic facility)
8253 Psychiatric Technician
(forensic facility)
8252 Senior Psychiatric Technician
(forensic facility)
8212 Nurse Practitioner
(forensic facility)
8160 Health Services Specialist
(forensic facility)
7601 Program Director-Medical
(forensic facility)
"State safety member" also includes an officer or employee of the
State Department of State Hospitals at Patton State Hospital or
Atascadero State Hospital, the State Department of State Hospitals
Psychiatric Program of California Medical Facility at Vacaville, or
any other state hospital that is deemed a forensic facility, who
either is excluded from the definition of state employee in
subdivision (c) of Section 3513 or is a nonelected officer or
employee of the executive branch of government who is not a member of
the civil service. An officer or employee may be a state safety
member under this paragraph only if the person has responsibility for
the direct supervision of state safety personnel specified in the
classifications listed in this section and if the State Personnel
Board determines that these officers and employees meet the state
safety membership criteria established pursuant to Section 18717. The
Department of Human Resources shall determine which classes meet the
above conditions and report its findings to the Public Employees'
Retirement System, whereupon the change in membership categories
shall take effect.
Any person so designated pursuant to this section may elect,
within 90 days of notification by the board, to remain subject to the
miscellaneous service retirement benefit and contribution rate by
filing an irrevocable notice of election with the board. A member who
so elects shall be subject to the reduced benefit factors specified
in Section 21353 or 21354.1, as applicable, only for service also
included in the federal system.
SEC. 28. Section 20407.5 of the Government Code is amended to
read:
20407.5. (a) Notwithstanding Section 20407, any person designated
as a state safety member pursuant to Section 20407 who elected to
remain subject to the miscellaneous service retirement benefit and
contribution rate as provided in that section may elect instead to be
subject to the state safety service retirement benefit and
contribution rate.
(b) This section shall apply to those officers and employees of
the State Department of State Hospitals described in Section 20407
who are represented by State Bargaining Unit 18 and who became safety
members effective January 1, 1998, when the Napa State Hospital and
the Metropolitan State Hospital were designated as forensic
facilities.
(c) This section shall also apply to any member who is excluded
from the definition of state employee in subdivision (c) of Section
3513 and who is directly associated with employees represented by
State Bargaining Unit 18.
(d) The election provided under this section shall be filed with
the board by the member within 90 days after notification by the
board that the member has the right to elect to be subject to the
state safety member service retirement formula and contribution
rates. If the election is not made by the member, he or she shall
remain subject to the miscellaneous service retirement benefit and
contribution rate.
SEC. 29. Section 20408 of the Government Code is amended to read:
20408. "State safety member" also includes officers and employees
with the State Department of State Hospitals or the Department of
Forestry and Fire Protection in the following classifications:
Classification
Code Classification Title
Audio Visual Assistant
2860 (Correctional
Facility)
Audio Visual Specialist
2861 (Correctional
Facility)
8094 Registered Nurse (Forensic
Facility)
"State safety member" also includes an officer or employee of the
State Department of State Hospitals at Patton State Hospital or
Atascadero State Hospital, who either is excluded from the definition
of state employee in subdivision (c) of Section 3513, or is a
nonelected officer or employee of the executive branch of government
who is not a member of the civil service. An officer or employee may
be a state safety member under this paragraph only if the person has
responsibility for the supervision of state safety personnel
specified in the classifications listed in this section and if the
State Personnel Board determines that these officers and employees
meet the state safety membership criteria established pursuant to
Section 18717. The Department of Human Resources shall determine
which classes meet the above conditions and report its findings to
this system, whereupon the change in membership categories shall take
effect.
SEC. 30. Section 20410 of the Government Code is amended to read:
20410. "State safety member" also includes all persons in the
Department of Alcoholic Beverage Control, the Board of Prison Terms,
the Department of Consumer Affairs, the Department of Developmental
Services, the Department of Health Services, the Department of Toxic
Substances Control, the Horse Racing Board, the Department of
Industrial Relations, the Department of Insurance, the State
Department of State Hospitals, the Department of Motor Vehicles, and
the Department of Social Services employed with the class title of
Special Investigator (Class Code 8553), Senior Special Investigator
(Class Code 8550), Investigator Trainee (Class Code 8555) and
Investigator Assistant (Class Code 8554), Supervising Special
Investigator I (Class Code 8548), Special Investigator II (Class Code
8547), and persons in the class of State Park Ranger (Intermittent)
(Class Code 0984) in the Department of Parks and Recreation, who have
been designated as peace officers as defined in Sections 830.2 and
830.3 of the Penal Code.
SEC. 31. Section 20687.2 of the Government Code is amended to
read:
20687.2. Notwithstanding Section 20687, the normal rate of
contribution for state peace officer/firefighter members who are
supervisors within the boards and departments of the Youth and Adult
Correctional Agency or who are correctional supervisors within the
State Department of State Hospitals for pay periods beginning after
April 30, 2001, shall be 8 percent of compensation in excess of eight
hundred sixty-three dollars ($863) per month paid those members.
SEC. 32. Section 27491 of the Government Code is amended to read:
27491. It shall be the duty of the coroner to inquire into and
determine the circumstances, manner, and cause of all violent,
sudden, or unusual deaths; unattended deaths; deaths where the
deceased has not been attended by either a physician or a registered
nurse, who is a member of a hospice care interdisciplinary team, as
defined by subdivision (e) of Section 1746 of the Health and Safety
Code in the 20 days before death; deaths related to or following
known or suspected self-induced or criminal abortion; known or
suspected homicide, suicide, or accidental poisoning; deaths known or
suspected as resulting in whole or in part from or related to
accident or injury either old or recent; deaths due to drowning,
fire, hanging, gunshot, stabbing, cutting, exposure, starvation,
acute alcoholism, drug addiction, strangulation, aspiration, or where
the suspected cause of death is sudden infant death syndrome; death
in whole or in part occasioned by criminal means; deaths associated
with a known or alleged rape or crime against nature; deaths in
prison or while under sentence; deaths known or suspected as due to
contagious disease and constituting a public hazard; deaths from
occupational diseases or occupational hazards; deaths of patients in
state mental hospitals serving the mentally disabled and operated by
the State Department of State Hospitals; deaths of patients in state
hospitals serving the developmentally disabled and operated by the
State Department of Developmental Services; deaths under such
circumstances as to afford a reasonable ground to suspect that the
death was caused by the criminal act of another; and any deaths
reported by physicians or other persons having knowledge of death for
inquiry by coroner. Inquiry pursuant to this section does not
include those investigative functions usually performed by other law
enforcement agencies.
In any case in which the coroner conducts an inquiry pursuant to
this section, the coroner or a deputy shall personally sign the
certificate of death. If the death occurred in a state hospital, the
coroner shall forward a copy of his or her report to the state agency
responsible for the state hospital.
The coroner shall have discretion to determine the extent of
inquiry to be made into any death occurring under natural
circumstances and falling within the provisions of this section, and
if inquiry determines that the physician of record has sufficient
knowledge to reasonably state the cause of a death occurring under
natural circumstances, the coroner may authorize that physician to
sign the certificate of death.
For the purpose of inquiry, the coroner shall have the right to
exhume the body of a deceased person when necessary to discharge the
responsibilities set forth in this section.
Any funeral director, physician, or other person who has charge of
a deceased person's body, when death occurred as a result of any of
the causes or circumstances described in this section, shall
immediately notify the coroner. Any person who does not notify the
coroner as required by this section is guilty of a misdemeanor.
SEC. 33. Section 70659 of the Government Code is amended to read:
70659. Where the public administrator, public guardian, or public
conservator, or an employee of the State Department of State
Hospitals or the State Department of Developmental Services is the
petitioner in an official capacity in a proceeding described in
Section 70650, 70653, 70657, or 70658, the fee is payable only out of
the assets of the estate coming into the official's possession or
control.
SEC. 34. Section 127450 of the Health and Safety Code is amended
to read:
127450. As used in this article, the following terms have the
following meanings:
(a) "Allowance for financially qualified patient" means, with
respect to emergency care rendered to a financially qualified
patient, an allowance that is applied after the emergency physician's
charges are imposed on the patient, due to the patient's determined
financial inability to pay the charges.
(b) "Emergency care" means emergency medical services and care, as
defined in Section 1317.1, that is provided by an emergency
physician in the emergency department of a hospital.
(c) "Emergency physician" means a physician and surgeon licensed
pursuant to Chapter 2 (commencing with Section 2000) of the Business
and Professions Code who is credentialed by a hospital and either
employed or contracted by the hospital to provide emergency medical
services in the emergency department of the hospital, except that an
"emergency physician" shall not include a physician specialist who is
called into the emergency department of a hospital or who is on
staff or has privileges at the hospital outside of the emergency
department.
(d) "Federal poverty level" means the poverty guidelines updated
periodically in the Federal Register by the United States Department
of Health and Human Services under authority of subsection (2) of
Section 9902 of Title 42 of the United States Code.
(e) "Financially qualified patient" means a patient who is both of
the following:
(1) A patient who is a self-pay patient or a patient with high
medical costs.
(2) A patient who has a family income that does not exceed 350
percent of the federal poverty level.
(f) "Hospital" means a facility that is required to be licensed
under subdivision (a) of Section 1250, except a facility operated by
the State Department of State Hospitals or the Department of
Corrections and Rehabilitation.
(g) "Office" means the Office of Statewide Health Planning and
Development.
(h) "Self-pay patient" means a patient who does not have
third-party coverage from a health insurer, health care service plan,
Medicare, or Medicaid, and whose injury is not a compensable injury
for purposes of workers' compensation, automobile insurance, or other
insurance as determined and documented by the emergency physician.
Self-pay patients may include charity care patients.
(i) "A patient with high medical costs" means a person whose
family income does not exceed 350 percent of the federal poverty
level if that individual does not receive a discounted rate from the
emergency physician as a result of his or her third-party coverage.
For these purposes, "high medical costs" means any of the following:
(1) Annual out-of-pocket costs incurred by the individual at the
hospital that provided emergency care that exceed 10 percent of the
patient's family income in the prior 12 months.
(2) Annual out-of-pocket expenses that exceed 10 percent of the
patient's family income, if the patient provides documentation of the
patient's medical expenses paid by the patient or the patient's
family in the prior 12 months. The emergency physician may waive the
request for documentation.
(3) A lower level determined by the emergency physician in
accordance with the emergency physician's discounted payment policy.
(j) "Patient's family" means the following:
(1) For persons 18 years of age and older, spouse, domestic
partner, as defined in Section 297 of the Family Code, and dependent
children under 21 years of age, whether living at home or not.
(2) For persons under 18 years of age, parent, caretaker
relatives, and other children under 21 years of age of the parent or
caretaker relative.
SEC. 35. Section 1370.01 of the Penal Code is amended to read:
1370.01. (a) (1) If the defendant is found mentally competent,
the criminal process shall resume, the trial on the offense charged
shall proceed, and judgment may be pronounced. If the defendant is
found mentally incompetent, the trial or judgment shall be suspended
until the person becomes mentally competent, and the court shall
order that (A) in the meantime, the defendant be delivered by the
sheriff to an available public or private treatment facility approved
by the county mental health director that will promote the defendant'
s speedy restoration to mental competence, or placed on outpatient
status as specified in this section, and (B) upon the filing of a
certificate of restoration to competence, the defendant be returned
to court in accordance with Section 1372. The court shall transmit a
copy of its order to the county mental health director or his or her
designee.
(2) Prior to making the order directing that the defendant be
confined in a treatment facility or placed on outpatient status, the
court shall proceed as follows:
(A) The court shall order the county mental health director or his
or her designee to evaluate the defendant and to submit to the court
within 15 judicial days of the order a written recommendation as to
whether the defendant should be required to undergo outpatient
treatment, or committed to a treatment facility. No person shall be
admitted to a treatment facility or placed on outpatient status under
this section without having been evaluated by the county mental
health director or his or her designee. No person shall be admitted
to a state hospital under this section unless the county mental
health director finds that there is no less restrictive appropriate
placement available and the county mental health director has a
contract with the State Department of State Hospitals for these
placements.
(B) The court shall hear and determine whether the defendant, with
advice of his or her counsel, consents to the administration of
antipsychotic medication, and shall proceed as follows:
(i) If the defendant, with advice of his or her counsel, consents,
the court order of commitment shall include confirmation that
antipsychotic medication may be given to the defendant as prescribed
by a treating psychiatrist pursuant to the defendant's consent. The
commitment order shall also indicate that, if the defendant withdraws
consent for antipsychotic medication, after the treating
psychiatrist complies with the provisions of subparagraph (C), the
defendant shall be returned to court for a hearing in accordance with
this subdivision regarding whether antipsychotic medication shall be
administered involuntarily.
(ii) If the defendant does not consent to the administration of
medication, the court shall hear and determine whether any of the
following is true:
(I) The defendant lacks capacity to make decisions regarding
antipsychotic medication, the defendant's mental disorder requires
medical treatment with antipsychotic medication, and, if the
defendant's mental disorder is not treated with antipsychotic
medication, it is probable that serious harm to the physical or
mental health of the patient will result. Probability of serious harm
to the physical or mental health of the defendant requires evidence
that the defendant is presently suffering adverse effects to his or
her physical or mental health, or the defendant has previously
suffered these effects as a result of a mental disorder and his or
her condition is substantially deteriorating. The fact that a
defendant has a diagnosis of a mental disorder does not alone
establish probability of serious harm to the physical or mental
health of the defendant.
(II) The defendant is a danger to others, in that the defendant
has inflicted, attempted to inflict, or made a serious threat of
inflicting substantial physical harm on another while in custody, or
the defendant had inflicted, attempted to inflict, or made a serious
threat of inflicting substantial physical harm on another that
resulted in his or her being taken into custody, and the defendant
presents, as a result of mental disorder or mental defect, a
demonstrated danger of inflicting substantial physical harm on
others. Demonstrated danger may be based on an assessment of the
defendant's present mental condition, including a consideration of
past behavior of the defendant within six years prior to the time the
defendant last attempted to inflict, inflicted, or threatened to
inflict substantial physical harm on another, and other relevant
evidence.
(III) The people have charged the defendant with a serious crime
against the person or property; involuntary administration of
antipsychotic medication is substantially likely to render the
defendant competent to stand trial; the medication is unlikely to
have side effects that interfere with the defendant's ability to
understand the nature of the criminal proceedings or to assist
counsel in the conduct of a defense in a reasonable manner; less
intrusive treatments are unlikely to have substantially the same
results; and antipsychotic medication is in the patient's best
medical interest in light of his or her medical condition.
(iii) If the court finds any of the conditions described in clause
(ii) to be true, the court shall issue an order authorizing the
treatment facility to involuntarily administer antipsychotic
medication to the defendant when and as prescribed by the defendant's
treating psychiatrist. The court shall not order involuntary
administration of psychotropic medication under subclause (III) of
clause (ii) unless the court has first found that the defendant does
not meet the criteria for involuntary administration of psychotropic
medication under subclause (I) of clause (ii) and does not meet the
criteria under subclause (II) of clause (ii).
(iv) In all cases, the treating hospital, facility, or program may
administer medically appropriate antipsychotic medication prescribed
by a psychiatrist in an emergency as described in subdivision (m) of
Section 5008 of the Welfare and Institutions Code.
(v) Any report made pursuant to subdivision (b) shall include a
description of any antipsychotic medication administered to the
defendant and its effects and side effects, including effects on the
defendant's appearance or behavior that would affect the defendant's
ability to understand the nature of the criminal proceedings or to
assist counsel in the conduct of a defense in a reasonable manner.
During the time the defendant is confined in a state hospital or
other treatment facility or placed on outpatient status, either the
defendant or the people may request that the court review any order
made pursuant to this subdivision. The defendant, to the same extent
enjoyed by other patients in the state hospital or other treatment
facility, shall have the right to contact the Patients' Rights
Advocate regarding his or her rights under this section.
(C) If the defendant consented to antipsychotic medication as
described in clause (i) of subparagraph (B), but subsequently
withdraws his or her consent, or, if involuntary antipsychotic
medication was not ordered pursuant to clause (ii) of subparagraph
(B), and the treating psychiatrist determines that antipsychotic
medication has become medically necessary and appropriate, the
treating psychiatrist shall make efforts to obtain informed consent
from the defendant for antipsychotic medication. If informed consent
is not obtained from the defendant, and the treating psychiatrist is
of the opinion that the defendant lacks capacity to make decisions
regarding antipsychotic medication as specified in subclause (I) of
clause (ii) of subparagraph (B), or that the defendant is a danger to
others as specified in subclause (II) of clause (ii) of subparagraph
(B), the committing court shall be notified of this, including an
assessment of the current mental status of the defendant and the
opinion of the treating psychiatrist that involuntary antipsychotic
medication has become medically necessary and appropriate. The court
shall provide copies of the report to the prosecuting attorney and to
the attorney representing the defendant and shall set a hearing to
determine whether involuntary antipsychotic medication should be
ordered in the manner described in subparagraph (B).
(3) When the court, after considering the placement recommendation
of the county mental health director required in paragraph (2),
orders that the defendant be confined in a public or private
treatment facility, the court shall provide copies of the following
documents which shall be taken with the defendant to the treatment
facility where the defendant is to be confined:
(A) The commitment order, including a specification of the
charges.
(B) A computation or statement setting forth the maximum term of
commitment in accordance with subdivision (c).
(C) A computation or statement setting forth the amount of credit
for time served, if any, to be deducted from the maximum term of
commitment.
(D) State summary criminal history information.
(E) Any arrest reports prepared by the police department or other
law enforcement agency.
(F) Any court-ordered psychiatric examination or evaluation
reports.
(G) The county mental health director's placement recommendation
report.
(4) A person subject to commitment under this section may be
placed on outpatient status under the supervision of the county
mental health director or his or her designee by order of the court
in accordance with the procedures contained in Title 15 (commencing
with Section 1600) except that where the term "community program
director" appears the term "county mental health director" shall be
substituted.
(5) If the defendant is committed or transferred to a public or
private treatment facility approved by the county mental health
director, the court may, upon receiving the written recommendation of
the county mental health director, transfer the defendant to another
public or private treatment facility approved by the county mental
health director. In the event of dismissal of the criminal charges
before the defendant recovers competence, the person shall be subject
to the applicable provisions of Part 1 (commencing with Section
5000) of Division 5 of the Welfare and Institutions Code. Where
either the defendant or the prosecutor chooses to contest the order
of transfer, a petition may be filed in the court for a hearing,
which shall be held if the court determines that sufficient grounds
exist. At the hearing, the prosecuting attorney or the defendant may
present evidence bearing on the order of transfer. The court shall
use the same standards as are used in conducting probation revocation
hearings pursuant to Section 1203.2.
Prior to making an order for transfer under this section, the
court shall notify the defendant, the attorney of record for the
defendant, the prosecuting attorney, and the county mental health
director or his or her designee.
(b) Within 90 days of a commitment made pursuant to subdivision
(a), the medical director of the treatment facility to which the
defendant is confined shall make a written report to the court and
the county mental health director or his or her designee, concerning
the defendant's progress toward recovery of mental competence. Where
the defendant is on outpatient status, the outpatient treatment staff
shall make a written report to the county mental health director
concerning the defendant's progress toward recovery of mental
competence. Within 90 days of placement on outpatient status, the
county mental health director shall report to the court on this
matter. If the defendant has not recovered mental competence, but the
report discloses a substantial likelihood that the defendant will
regain mental competence in the foreseeable future, the defendant
shall remain in the treatment facility or on outpatient status.
Thereafter, at six-month intervals or until the defendant becomes
mentally competent, where the defendant is confined in a treatment
facility, the medical director of the hospital or person in charge of
the facility shall report in writing to the court and the county
mental health director or a designee regarding the defendant's
progress toward recovery of mental competence. Where the defendant is
on outpatient status, after the initial 90-day report, the
outpatient treatment staff shall report to the county mental health
director on the defendant's progress toward recovery, and the county
mental health director shall report to the court on this matter at
six-month intervals. A copy of these reports shall be provided to the
prosecutor and defense counsel by the court. If the report indicates
that there is no substantial likelihood that the defendant will
regain mental competence in the foreseeable future, the committing
court shall order the defendant to be returned to the court for
proceedings pursuant to paragraph (2) of subdivision (c). The court
shall transmit a copy of its order to the county mental health
director or his or her designee.
(c) (1) If, at the end of one year from the date of commitment or
a period of commitment equal to the maximum term of imprisonment
provided by law for the most serious offense charged in the
misdemeanor complaint, whichever is shorter, the defendant has not
recovered mental competence, the defendant shall be returned to the
committing court. The court shall notify the county mental health
director or his or her designee of the return and of any resulting
court orders.
(2) Whenever any defendant is returned to the court pursuant to
subdivision (b) or paragraph (1) of this subdivision and it appears
to the court that the defendant is gravely disabled, as defined in
subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008
of the Welfare and Institutions Code, the court shall order the
conservatorship investigator of the county of commitment of the
defendant to initiate conservatorship proceedings for the defendant
pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of
Division 5 of the Welfare and Institutions Code. Any hearings
required in the conservatorship proceedings shall be held in the
superior court in the county that ordered the commitment. The court
shall transmit a copy of the order directing initiation of
conservatorship proceedings to the county mental health director or
his or her designee and shall notify the county mental health
director or his or her designee of the outcome of the proceedings.
(d) The criminal action remains subject to dismissal pursuant to
Section 1385. If the criminal action is dismissed, the court shall
transmit a copy of the order of dismissal to the county mental health
director or his or her designee.
(e) If the criminal charge against the defendant is dismissed, the
defendant shall be released from any commitment ordered under this
section, but without prejudice to the initiation of any proceedings
which may be appropriate under Part 1 (commencing with Section 5000)
of Division 5 of the Welfare and Institutions Code.
SEC. 36. Section 1370.4 of the Penal Code is amended to read:
1370.4. If, in the evaluation ordered by the court under Section
1370.1, the regional center director, or a designee, is of the
opinion that the defendant is not a danger to the health and safety
of others while on outpatient treatment and will benefit from such
treatment, and has obtained the agreement of the person in charge of
a residential facility and of the defendant that the defendant will
receive and submit to outpatient treatment and that the person in
charge of the facility will designate a person to be the outpatient
supervisor of the defendant, the court may order the defendant to
undergo outpatient treatment. All of the provisions of Title 15
(commencing with Section 1600) of Part 2 shall apply where a
defendant is placed on outpatient status under this section, except
that the regional center director shall be substituted for the
community program director, the Director of Developmental Services
for the Director of State Hospitals, and a residential facility for a
treatment facility for the purposes of this section.
SEC. 37. Section 1551.05 of the Penal Code is amended to read:
1551.05. (a) Any person on outpatient status pursuant to Title 15
(commencing with Section 1600) of Part 2 or pursuant to subdivision
(d) of Section 2972 who leaves this state without complying with
Section 1611, or who fails to return to this state on the date
specified by the committing court, shall be subject to extradition in
accordance with this section.
(b) If the return to this state is required by a person who is
subject to extradition pursuant to subdivision (a), the Director of
State Hospitals shall present to the Governor a written application
for requisition for the return of that person. In the requisition
application there shall be stated the name of the person, the type of
judicial commitment the person is under, the nature of the
underlying criminal act which was the basis for the judicial
commitment, the circumstances of the noncompliance with Section 1611,
and the state in which the person is believed to be, including the
specific location of the person, if known.
(c) The application shall be verified, shall be executed in
duplicate, and shall be accompanied by two certified copies of the
court order of judicial commitment and of the court order authorizing
outpatient status. The director may also attach any affidavits or
other documents in duplicate as are deemed proper to be submitted
with the application. One copy of the application, with the action of
the Governor indicated by endorsement thereon, and one copy of the
court orders shall be filed in the office of the Secretary of State.
The other copies of all papers shall be forwarded with the Governor's
requisition.
(d) Upon receipt of an application under this section, the
Governor or agent authorized in writing by the Governor whose
authorization has been filed with the Secretary of State, may sign a
requisition for the return of the person.
SEC. 38. Section 9001 of the Penal Code is amended to read:
9001. (a) The Sex Offender Management Board which is hereby
created under the jurisdiction of the Department of Corrections and
Rehabilitation, shall consist of 17 members. The membership of the
board shall reflect, to the extent possible, representation of
northern, central, and southern California as well as both urban and
rural areas. Each appointee to the board, regardless of the
appointing authority, shall have the following characteristics:
(1) Substantial prior knowledge of issues related to sex
offenders, at least insofar as related to his or her own agency's
practices.
(2) Decisionmaking authority for, or direct access to those who
have decisionmaking authority for, the agency or constituency he or
she represents.
(3) A willingness to serve on the board and a commitment to
contribute to the board's work.
(b) The membership of the board shall consist of the following
persons:
(1) State government agencies:
(A) The Attorney General or his or her designee who shall be an
authority in policy areas pertaining to sex offenders and shall have
expertise in dealing with sex offender registration, notification,
and enforcement.
(B) The Secretary of the Department of Corrections and
Rehabilitation or his or her designee who has expertise in parole
policies and practices.
(C) The Director of Adult Parole Services or his or her designee.
(D) One California state judge, appointed by the Judicial Council.
(E) The Director of State Hospitals or his or her designee who is
a licensed mental health professional with recognized expertise in
the treatment of sex offenders.
(2) Local government agencies:
(A) Three members who represent law enforcement, appointed by the
Governor. One member shall possess investigative expertise and one
member shall have law enforcement duties that include registration
and notification responsibilities, and one shall be a chief probation
officer.
(B) One member who represents prosecuting attorneys, appointed by
the Senate Committee on Rules. He or she shall have expertise in
dealing with adult sex offenders.
(C) One member who represents probation officers, appointed by the
Speaker of the Assembly.
(D) One member who represents criminal defense attorneys,
appointed by the Speaker of the Assembly.
(E) One member who is a county administrator, appointed by the
Governor.
(F) One member who is a city manager or his or her designee,
appointed by the Speaker of the Assembly.
(3) Nongovernmental agencies:
(A) Two members who are licensed mental health professionals with
recognized experience in working with sex offenders and who can
represent, through their established involvement in a formal
statewide professional organization, those who provide evaluation and
treatment for adult sex offenders, appointed by the Senate Committee
on Rules.
(B) Two members who are recognized experts in the field of sexual
assault and represent sexual assault victims, both adults and
children, and rape crisis centers, appointed by the Governor.
(c) The board shall appoint a chair from among the members
appointed pursuant to subdivision (b). The chair shall serve in that
capacity at the pleasure of the board.
(d) Each member of the board who is appointed pursuant to this
section shall serve without compensation.
(e) If a board member is unable to adequately perform his or her
duties or is unable to attend more than three meetings in a single
12-month period, he or she is subject to removal from the board by a
majority vote of the full board.
(f) Any vacancies on the board as a result of the removal of a
member shall be filled by the appointing authority of the removed
member within 30 days of the vacancy.
(g) The board may create, at its discretion, subcommittees or task
forces to address specific issues. These may include board members
as well as invited experts and other participants.
(h) The board shall hire a coordinator who has relevant experience
in policy research. The board may hire other staff as funding
permits.
(i) In the course of performing its duties, the board shall, when
possible, make use of the available resources of research agencies
such as the Legislative Analyst's Office, the California Research
Bureau, the California State University system, including schools of
public policy and criminology, and other similar sources of
assistance.
(j) Staff support services for the board shall be provided by
staff of the Department of Corrections and Rehabilitation as directed
by the secretary.
SEC. 39. Section 1461 of the Probate Code is amended to read:
1461. (a) As used in this section, "director" means:
(1) The Director of State Hospitals when the state hospital
referred to in subdivision (b) is under the jurisdiction of the State
Department of State Hospitals.
(2) The Director of Developmental Services when the state hospital
referred to in subdivision (b) is under the jurisdiction of the
State Department of Developmental Services.
(b) Notice of the time and place of hearing on the petition,
report, or account, and a copy of the petition, report, or account,
shall be mailed to the director at the director's office in
Sacramento at least 15 days before the hearing if both of the
following conditions exist:
(1) The ward or conservatee is or has been during the guardianship
or conservatorship proceeding a patient in, or on leave from, a
state hospital under the jurisdiction of the State Department of
State Hospitals or the State Department of Developmental Services.
(2) The petition, report, or account is filed under any one or
more of the following provisions: Section 1510, 1820, 1861, 2212,
2403, 2421, 2422, or 2423; Article 7 (commencing with Section 2540)
of Chapter 6 of Part 4; Section 2580, 2592, or 2620; Chapter 9.5
(commencing with Section 2670) of Part 4; Section 3080 or 3088; or
Chapter 3 (commencing with Section 3100) of Part 6. Notice under this
section is not required in the case of an account pursuant to
Section 2620 if the total guardianship or conservatorship assets are
less than one thousand five hundred dollars ($1,500) and the gross
annual income, exclusive of any public assistance income, is less
than six thousand dollars ($6,000), and the ward or conservatee is
not a patient in, or on leave or on outpatient status from, a state
hospital at the time of the filing of the petition.
(c) If the ward or conservatee has been discharged from the state
hospital, the director, upon ascertaining the facts, may file with
the court a certificate stating that the ward or conservatee is not
indebted to the state and waive the giving of further notices under
this section. Upon the filing of the certificate of the director,
compliance with this section thereafter is not required unless the
certificate is revoked by the director and notice of the revocation
is filed with the court.
(d) The statute of limitations does not run against any claim of
the State Department of State Hospitals or the State Department of
Developmental Services against the estate of the ward or conservatee
for board, care, maintenance, or transportation with respect to an
account that is settled without giving the notice required by this
section.
SEC. 40. Section 1510 of the Probate Code is amended to read:
1510. (a) A relative or other person on behalf of the minor, or
the minor if 12 years of age or older, may file a petition for the
appointment of a guardian of the minor.
(b) The petition shall request that a guardian of the person or
estate of the minor, or both, be appointed, shall specify the name
and address of the proposed guardian and the name and date of birth
of the proposed ward, and shall state that the appointment is
necessary or convenient.
(c) The petition shall set forth, so far as is known to the
petitioner, the names and addresses of all of the following:
(1) The parents of the proposed ward.
(2) The person having legal custody of the proposed ward and, if
that person does not have the care of the proposed ward, the person
having the care of the proposed ward.
(3) The relatives of the proposed ward within the second degree.
(4) In the case of a guardianship of the estate, the spouse of the
proposed ward.
(5) Any person nominated as guardian for the proposed ward under
Section 1500 or 1501.
(6) In the case of a guardianship of the person involving an
Indian child, any Indian custodian and the Indian child's tribe.
(d) If the proposed ward is a patient in or on leave of absence
from a state institution under the jurisdiction of the State
Department of State Hospitals or the State Department of
Developmental Services and that fact is known to the petitioner, the
petition shall state that fact and name the institution.
(e) The petition shall state, so far as is known to the
petitioner, whether or not the proposed ward is receiving or is
entitled to receive benefits from the Veterans Administration and the
estimated amount of the monthly benefit payable by the Veterans
Administration for the proposed ward.
(f) If the petitioner has knowledge of any pending adoption,
juvenile court, marriage dissolution, domestic relations, custody, or
other similar proceeding affecting the proposed ward, the petition
shall disclose the pending proceeding.
(g) If the petitioners have accepted or intend to accept physical
care or custody of the child with intent to adopt, whether formed at
the time of placement or formed subsequent to placement, the
petitioners shall so state in the guardianship petition, whether or
not an adoption petition has been filed.
(h) If the proposed ward is or becomes the subject of an adoption
petition, the court shall order the guardianship petition
consolidated with the adoption petition, and the consolidated case
shall be heard and decided in the court in which the adoption is
pending.
(i) If the proposed ward is or may be an Indian child, the
petition shall state that fact.
SEC. 41. Section 1511 of the Probate Code is amended to read:
1511. (a) Except as provided in subdivisions (f) and (g), at
least 15 days before the hearing on the petition for the appointment
of a guardian, notice of the time and place of the hearing shall be
given as provided in subdivisions (b), (c), (d), and (e) of this
section. The notice shall be accompanied by a copy of the petition.
The court may not shorten the time for giving the notice of hearing
under this section.
(b) Notice shall be served in the manner provided in Section
415.10 or 415.30 of the Code of Civil Procedure, or in any manner
authorized by the court, on all of the
following persons:
(1) The proposed ward if 12 years of age or older.
(2) Any person having legal custody of the proposed ward, or
serving as guardian of the estate of the proposed ward.
(3) The parents of the proposed ward.
(4) Any person nominated as a guardian for the proposed ward under
Section 1500 or 1501.
(c) Notice shall be given by mail sent to their addresses stated
in the petition, or in any manner authorized by the court, to all of
the following:
(1) The spouse named in the petition.
(2) The relatives named in the petition, except that if the
petition is for the appointment of a guardian of the estate only the
court may dispense with the giving of notice to any one or more or
all of the relatives.
(3) The person having the care of the proposed ward if other than
the person having legal custody of the proposed ward.
(d) If notice is required by Section 1461 or Section 1542 to be
given to the Director of State Hospitals or the Director of
Developmental Services or the Director of Social Services, notice
shall be mailed as so required.
(e) If the petition states that the proposed ward is receiving or
is entitled to receive benefits from the Veterans Administration,
notice shall be mailed to the office of the Veterans Administration
referred to in Section 1461.5.
(f) Unless the court orders otherwise, notice shall not be given
to any of the following:
(1) The parents or other relatives of a proposed ward who has been
relinquished to a licensed adoption agency.
(2) The parents of a proposed ward who has been judicially
declared free from their custody and control.
(g) Notice need not be given to any person if the court so orders
upon a determination of either of the following:
(1) The person cannot with reasonable diligence be given the
notice.
(2) The giving of the notice would be contrary to the interest of
justice.
(h) Before the appointment of a guardian is made, proof shall be
made to the court that each person entitled to notice under this
section either:
(1) Has been given notice as required by this section.
(2) Has not been given notice as required by this section because
the person cannot with reasonable diligence be given the notice or
because the giving of notice to that person would be contrary to the
interest of justice.
(i) If notice is required by Section 1460.2 to be given to an
Indian custodian or tribe, notice shall be mailed as so required.
SEC. 42. Section 1821 of the Probate Code is amended to read:
1821. (a) The petition shall request that a conservator be
appointed for the person or estate, or both, shall specify the name,
address, and telephone number of the proposed conservator and the
name, address, and telephone number of the proposed conservatee, and
state the reasons why a conservatorship is necessary. Unless the
petitioner is a bank or other entity authorized to conduct the
business of a trust company, the petitioner shall also file
supplemental information as to why the appointment of a conservator
is required. The supplemental information to be submitted shall
include a brief statement of facts addressed to each of the following
categories:
(1) The inability of the proposed conservatee to properly provide
for his or her needs for physical health, food, clothing, and
shelter.
(2) The location of the proposed conservatee's residence and the
ability of the proposed conservatee to live in the residence while
under conservatorship.
(3) Alternatives to conservatorship considered by the petitioner
and reasons why those alternatives are not available.
(4) Health or social services provided to the proposed conservatee
during the year preceding the filing of the petition, when the
petitioner has information as to those services.
(5) The inability of the proposed conservatee to substantially
manage his or her own financial resources, or to resist fraud or
undue influence.
The facts required to address the categories set forth in
paragraphs (1) to (5), inclusive, shall be set forth by the
petitioner when he or she has knowledge of the facts or by the
declarations or affidavits of other persons having knowledge of those
facts.
Where any of the categories set forth in paragraphs (1) to (5),
inclusive, are not applicable to the proposed conservatorship, the
petitioner shall so indicate and state on the supplemental
information form the reasons therefor.
The Judicial Council shall develop a supplemental information form
for the information required pursuant to paragraphs (1) to (5),
inclusive, after consultation with individuals or organizations
approved by the Judicial Council, who represent public conservators,
court investigators, the State Bar, specialists with experience in
performing assessments and coordinating community-based services, and
legal services for the elderly and disabled.
The supplemental information form shall be separate and distinct
from the form for the petition. The supplemental information shall be
confidential and shall be made available only to parties, persons
given notice of the petition who have requested this supplemental
information or who have appeared in the proceedings, their attorneys,
and the court. The court shall have discretion at any other time to
release the supplemental information to other persons if it would
serve the interests of the conservatee. The clerk of the court shall
make provision for limiting disclosure of the supplemental
information exclusively to persons entitled thereto under this
section.
(b) The petition shall set forth, so far as they are known to the
petitioner, the names and addresses of the spouse or domestic
partner, and of the relatives of the proposed conservatee within the
second degree. If no spouse or domestic partner of the proposed
conservatee or relatives of the proposed conservatee within the
second degree are known to the petitioner, the petition shall set
forth, so far as they are known to the petitioner, the names and
addresses of the following persons who, for the purposes of Section
1822, shall all be deemed to be relatives:
(1) A spouse or domestic partner of a predeceased parent of a
proposed conservatee.
(2) The children of a predeceased spouse or domestic partner of a
proposed conservatee.
(3) The siblings of the proposed conservatee's parents, if any,
but if none, then the natural and adoptive children of the proposed
conservatee's parents' siblings.
(4) The natural and adoptive children of the proposed conservatee'
s siblings.
(c) Unless the petition for appointment of a temporary guardian or
a temporary conservator is filed together with a petition for
appointment of a guardian or a conservator, if the petitioner is
licensed under the Professional Fiduciaries Act, Chapter 6
(commencing with Section 6500) of Division 3 of the Business and
Professions Code, the petition shall include both of the following:
(1) A statement of the petitioner's license information.
(2) A statement explaining who engaged the petitioner or how the
petitioner was engaged to file the petition for appointment of a
conservator and what prior relationship the petitioner had with the
proposed conservatee or the proposed conservatee's family or friends.
(d) If the petition is filed by a person other than the proposed
conservatee, the petition shall include a declaration of due
diligence showing both of the following:
(1) Either the efforts to find the proposed conservatee's
relatives or why it was not feasible to contact any of them.
(2) Either the preferences of the proposed conservatee concerning
the appointment of a conservator and the appointment of the proposed
conservator or why it was not feasible to ascertain those
preferences.
(e) If the petition is filed by a person other than the proposed
conservatee, the petition shall state whether or not the petitioner
is a creditor or debtor, or the agent of a creditor or debtor, of the
proposed conservatee.
(f) If the proposed conservatee is a patient in or on leave of
absence from a state institution under the jurisdiction of the State
Department of State Hospitals or the State Department of
Developmental Services and that fact is known to the petitioner, the
petition shall state that fact and name the institution.
(g) The petition shall state, so far as is known to the
petitioner, whether or not the proposed conservatee is receiving or
is entitled to receive benefits from the Veterans Administration and
the estimated amount of the monthly benefit payable by the Veterans
Administration for the proposed conservatee.
(h) The petition may include an application for any order or
orders authorized under this division, including, but not limited to,
orders under Chapter 4 (commencing with Section 1870).
(i) The petition may include a further statement that the proposed
conservatee is not willing to attend the hearing on the petition,
does not wish to contest the establishment of the conservatorship,
and does not object to the proposed conservator or prefer that
another person act as conservator.
(j) In the case of an allegedly developmentally disabled adult,
the petition shall set forth the following:
(1) The nature and degree of the alleged disability, the specific
duties and powers requested by or for the limited conservator, and
the limitations of civil and legal rights requested to be included in
the court's order of appointment.
(2) Whether or not the proposed limited conservatee is or is
alleged to be developmentally disabled.
Reports submitted pursuant to Section 416.8 of the Health and
Safety Code meet the requirements of this section, and
conservatorships filed pursuant to Article 7.5 (commencing with
Section 416) of Part 1 of Division 1 of the Health and Safety Code
are exempt from providing the supplemental information required by
this section, so long as the guidelines adopted by the State
Department of Developmental Services for regional centers require the
same information that is required pursuant to this section.
SEC. 43. Section 1822 of the Probate Code is amended to read:
1822. (a) At least 15 days before the hearing on the petition for
appointment of a conservator, notice of the time and place of the
hearing shall be given as provided in this section. The notice shall
be accompanied by a copy of the petition. The court may not shorten
the time for giving the notice of hearing under this section.
(b) Notice shall be mailed to the following persons:
(1) The spouse, if any, or registered domestic partner, if any, of
the proposed conservatee at the address stated in the petition.
(2) The relatives named in the petition at their addresses stated
in the petition.
(c) If notice is required by Section 1461 to be given to the
Director of State Hospitals or the Director of Developmental
Services, notice shall be mailed as so required.
(d) If the petition states that the proposed conservatee is
receiving or is entitled to receive benefits from the Veterans
Administration, notice shall be mailed to the Office of the Veterans
Administration referred to in Section 1461.5.
(e) If the proposed conservatee is a person with developmental
disabilities, at least 30 days before the day of the hearing on the
petition, the petitioner shall mail a notice of the hearing and a
copy of the petition to the regional center identified in Section
1827.5.
(f) If the petition states that the petitioner and the proposed
conservator have no prior relationship with the proposed conservatee
and are not nominated by a family member, friend, or other person
with a relationship to the proposed conservatee, notice shall be
mailed to the public guardian of the county in which the petition is
filed.
SEC. 44. Section 2420 of the Probate Code is amended to read:
2420. (a) Subject to Section 2422, the guardian or conservator
shall apply the income from the estate, so far as necessary, to the
comfortable and suitable support, maintenance, and education of the
ward or conservatee (including care, treatment, and support of a ward
or conservatee who is a patient in a state hospital under the
jurisdiction of the State Department of State Hospitals or the State
Department of Developmental Services) and of those legally entitled
to support, maintenance, or education from the ward or conservatee,
taking into account the value of the estate and the condition of life
of the persons required to be furnished such support, maintenance,
or education.
(b) If the income from the estate is insufficient for the purpose
described in subdivision (a), the guardian or conservator may sell or
give a security interest in or other lien on any personal property
of the estate, or sell or mortgage or give a deed of trust on any
real property of the estate, as provided in this part.
(c) When the amount paid by the guardian or conservator for the
purpose described in subdivision (a) satisfies the standard set out
in that subdivision, and the payments are supported by proper
vouchers or other proof satisfactory to the court, the guardian or
conservator shall be allowed credit for such payments when the
accounts of the guardian or conservator are settled.
(d) Nothing in this section requires the guardian or conservator
to obtain court authorization before making the payments authorized
by this section, but nothing in this section dispenses with the need
to obtain any court authorization otherwise required for a particular
transaction.
(e) Nothing in this section precludes the guardian or conservator
from seeking court authorization or instructions or approval and
confirmation pursuant to Section 2403.
SEC. 45. Section 2541 of the Probate Code is amended to read:
2541. The guardian or conservator may sell real or personal
property of the estate in any of the following cases:
(a) If the income of the estate is insufficient for the
comfortable and suitable support, maintenance, and education of the
ward or conservatee (including care, treatment, and support of the
ward or conservatee if a patient in a state hospital under the
jurisdiction of the State Department of State Hospitals or the State
Department of Developmental Services) or of those legally entitled to
support, maintenance, or education from the ward or conservatee.
(b) If the sale is necessary to pay the debts referred to in
Sections 2430 and 2431.
(c) If the sale is for the advantage, benefit, and best interest
of (1) the ward or conservatee, (2) the estate, or (3) the ward or
conservatee and those legally entitled to support, maintenance, or
education from the ward or conservatee.
SEC. 46. Section 2611 of the Probate Code is amended to read:
2611. If the ward or conservatee is or has been during the
guardianship or conservatorship a patient in a state hospital under
the jurisdiction of the State Department of State Hospitals or the
State Department of Developmental Services, the guardian or
conservator shall mail a copy of the inventory and appraisal filed
under Section 2610 to the director of the appropriate department at
the director's office in Sacramento not later than 15 days after the
inventory and appraisal is filed with the court. Compliance with this
section is not required if an unrevoked certificate described in
subdivision (c) of Section 1461 is on file with the court with
respect to the ward or conservatee.
SEC. 47. Section 2621 of the Probate Code is amended to read:
2621. Notice of the hearing on the account of the guardian or
conservator shall be given for the period and in the manner provided
in Chapter 3 (commencing with Section 1460) of Part 1. If notice is
required to be given to the Director of State Hospitals or the
Director of Developmental Services under Section 1461, the account
shall not be settled or allowed unless notice has been given as
provided in Section 1461.
SEC. 48. Section 2682 of the Probate Code is amended to read:
2682. (a) The petition shall request that a successor conservator
be appointed for the person or estate, or both, and shall specify
the name and address of the proposed successor conservator and the
name and address of the conservatee.
(b) The petition shall set forth, so far as they are known to the
petitioner, the names and addresses of the spouse or domestic partner
and of the relatives of the conservatee within the second degree.
(c) If the petition is filed by one other than the conservatee,
the petition shall state whether or not the petitioner is a creditor
or debtor of the conservatee.
(d) If the conservatee is a patient in or on leave of absence from
a state institution under the jurisdiction of the State Department
of State Hospitals or the State Department of Developmental Services
and that fact is known to the petitioner, the petition shall state
that fact and name the institution.
(e) The petition shall state, so far as is known to the
petitioner, whether or not the conservatee is receiving or is
entitled to receive benefits from the Veterans Administration and the
estimated amount of the monthly benefit payable by the Veterans
Administration for the conservatee.
(f) The petition shall state whether or not the conservatee will
be present at the hearing.
SEC. 49. Section 2683 of the Probate Code is amended to read:
2683. (a) At least 15 days before the hearing on the petition for
appointment of a successor conservator, notice of the time and place
of the hearing shall be given as provided in this section. The
notice shall be accompanied by a copy of the petition.
(b) Notice shall be mailed to the persons designated in Section
1460 and to the relatives named in the petition.
(c) If notice is required by Section 1461 to be given to the
Director of State Hospitals or the Director of Developmental
Services, notice shall be mailed as so required.
(d) If notice is required by Section 1461.5 to be given to the
Veterans Administration, notice shall be mailed as so required.
SEC. 50. Section 2921 of the Probate Code is amended to read:
2921. An application of the public guardian for guardianship or
conservatorship of the person, the estate, or the person and estate,
of a person who is under the jurisdiction of the State Department of
State Hospitals or the State Department of Developmental Services
shall not be granted without the written consent of the department
having jurisdiction of the person.
SEC. 51. Section 3088 of the Probate Code is amended to read:
3088. (a) The court may order the spouse who has the management
or control of community property to apply the income or principal, or
both, of the community property to the support and maintenance of
the conservatee, including care, treatment, and support of a
conservatee who is a patient in a state hospital under the
jurisdiction of the State Department of State Hospitals or the State
Department of Developmental Services, as ordered by the court.
(b) In determining the amount ordered for support and maintenance,
the court shall consider the following circumstances of the spouses:
(1) The earning capacity and needs of each spouse.
(2) The obligations and assets, including the separate property,
of each spouse.
(3) The duration of the marriage.
(4) The age and health of the spouses.
(5) The standard of living of the spouses.
(6) Any other relevant factors which it considers just and
equitable.
(c) At the request of any interested person, the court shall make
appropriate findings with respect to the circumstances.
(d) The court may order the spouse who has the management or
control of community property to make a specified monthly or other
periodic payment to the conservator of the person of the conservatee
or to any other person designated in the order. The court may order
the spouse required to make the periodic payments to give reasonable
security therefor.
(e) (1) The court may order the spouse required to make the
periodic payments to assign, to the person designated in the order to
receive the payments, that portion of the earnings of the spouse due
or to be due in the future as will be sufficient to pay the amount
ordered by the court for the support and maintenance of the
conservatee. The order operates as an assignment and is binding upon
any existing or future employer upon whom a copy of the order is
served. The order shall be in the form of an earnings assignment
order for support prescribed by the Judicial Council for use in
family law proceedings. The employer may deduct the sum of one dollar
and fifty cents ($1.50) for each payment made pursuant to the order.
Any such assignment made pursuant to court order shall have priority
as against any execution or other assignment unless otherwise
ordered by the court or unless the other assignment is made pursuant
to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9
of the Family Code. No employer shall use any assignment authorized
by this subdivision as grounds for the dismissal of that employee.
(2) As used in this subdivision, "employer" includes the United
States government and any public entity as defined in Section 811.2
of the Government Code. This subdivision applies to the money and
benefits described in Sections 704.110 and 704.113 of the Code of
Civil Procedure to the extent that those moneys and benefits are
subject to a wage assignment for support under Chapter 4 (commencing
with Section 703.010) of Division 2 of Title 9 of Part 2 of the Code
of Civil Procedure.
(f) The court retains jurisdiction to modify or to vacate an order
made under this section where justice requires, except as to any
amount that may have accrued prior to the date of the filing of the
petition to modify or revoke the order. At the request of any
interested person, the order of modification or revocation shall
include findings of fact and may be made retroactive to the date of
the filing of the petition to revoke or modify, or to any date
subsequent thereto. At least 15 days before the hearing on the
petition to modify or vacate the order, the petitioner shall mail a
notice of the time and place of the hearing on the petition,
accompanied by a copy of the petition, to the spouse who has the
management or control of the community property. Notice shall be
given for the period and in the manner provided in Chapter 3
(commencing with Section 1460) of Part 1 to any other persons
entitled to notice of the hearing under that chapter.
(g) In a proceeding for dissolution of the marriage or for legal
separation, the court has jurisdiction to modify or vacate an order
made under this section to the same extent as it may modify or vacate
an order made in the proceeding for dissolution of the marriage or
for legal separation.
SEC. 52. Section 3121 of the Probate Code is amended to read:
3121. The petition shall set forth all of the following
information:
(a) The name, age, and residence of each spouse.
(b) If one or both spouses is alleged to lack legal capacity for
the proposed transaction, a statement that the spouse has a
conservator or a statement of the facts upon which the allegation is
based.
(c) If there is a conservator of a spouse, the name and address of
the conservator, the county in which the conservatorship proceeding
is pending, and the court number of the proceeding.
(d) If a spouse alleged to lack legal capacity for the proposed
transaction is a patient in or on leave of absence from a state
institution under the jurisdiction of the State Department of State
Hospitals or the State Department of Developmental Services, the name
and address of the institution.
(e) The names and addresses of all of the following persons:
(1) Relatives within the second degree of each spouse alleged to
lack legal capacity for the proposed transaction.
(2) If the petition is to provide gifts or otherwise affect estate
planning of the spouse who is alleged to lack capacity, as would be
properly the subject of a petition under Article 10 (commencing with
Section 2580) of Chapter 6 of Part 4 (substituted judgment) in the
case of a conservatorship, the names and addresses of the persons
identified in Section 2581.
(f) A sufficient description of the property that is the subject
of the proposed transaction.
(g) An allegation that the property is community property, and, if
the proposed transaction involves property in which a spouse also
has a separate property interest, an allegation of good cause to
include that separate property in the transaction.
(h) The estimated value of the property.
(i) The terms and conditions of the proposed transaction,
including the names of all parties thereto.
(j) The relief requested.
SEC. 53. Section 3140 of the Probate Code is amended to read:
3140. (a) A conservator served pursuant to this article shall,
and the Director of State Hospitals or the Director of Developmental
Services given notice pursuant to Section 1461 may, appear at the
hearing and represent a spouse alleged to lack legal capacity for the
proposed transaction.
(b) The court may, in its discretion and if necessary, appoint an
investigator to review the proposed transaction and report to the
court regarding its advisability.
(c) If the court determines that a spouse alleged to lack legal
capacity has not competently retained independent counsel, the court
may in its discretion appoint the public guardian, public
administrator, or a guardian ad litem to represent the interests of
the spouse.
(d) (1) If a spouse alleged to lack legal capacity is unable to
retain legal counsel, upon request of the spouse, the court shall
appoint the public defender or private counsel under Section 1471 to
represent the spouse and, if that appointment is made, Section 1472
applies.
(2) If the petition proposes a transfer of substantial assets to
the petitioner from the other spouse and the court determines that
the spouse has not competently retained independent counsel for the
proceeding, the court may, in its discretion, appoint counsel for the
other spouse if the court determines that appointment would be
helpful to resolve the matter or necessary to protect the interests
of the other spouse.
(e) Except as provided in paragraph (1) of subdivision (d), the
court may fix a reasonable fee, to be paid out of the proceeds of the
transaction or otherwise as the court may direct, for all services
rendered by privately engaged counsel, the public guardian, public
administrator, or guardian ad litem, and by counsel for such persons.
(f) The court may order the cost of the review and report by a
court investigator pursuant to subdivision (b) to be paid out of the
proceeds of the transaction or otherwise as the court may direct,
if the court determines that
its order would not cause a hardship.
SEC. 54. Section 3602 of the Probate Code is amended to read:
3602. (a) If there is no guardianship of the estate of the minor
or conservatorship of the estate of the person with a disability, the
remaining balance of the money and other property, after payment of
all expenses, costs, and fees as approved and allowed by the court
under Section 3601, shall be paid, delivered, deposited, or invested
as provided in Article 2 (commencing with Section 3610).
(b) Except as provided in subdivisions (c) and (d), if there is a
guardianship of the estate of the minor or conservatorship of the
estate of the person with a disability, the remaining balance of the
money and other property, after payment of all expenses, costs, and
fees as approved and allowed by the court under Section 3601, shall
be paid or delivered to the guardian or conservator of the estate.
Upon application of the guardian or conservator, the court making the
order or giving the judgment referred to in Section 3600 or the
court in which the guardianship or conservatorship proceeding is
pending may, with or without notice, make an order that all or part
of the money paid or to be paid to the guardian or conservator under
this subdivision be deposited or invested as provided in Section
2456.
(c) Upon ex parte petition of the guardian or conservator or upon
petition of any person interested in the guardianship or
conservatorship estate, the court making the order or giving the
judgment referred to in Section 3600 may for good cause shown order
one or more of the following:
(1) That all or part of the remaining balance of money not become
a part of the guardianship or conservatorship estate and instead be
deposited in an insured account in a financial institution in this
state, or in a single-premium deferred annuity, subject to withdrawal
only upon authorization of the court.
(2) If there is a guardianship of the estate of the minor, that
all or part of the remaining balance of money and other property not
become a part of the guardianship estate and instead be transferred
to a custodian for the benefit of the minor under the California
Uniform Transfers to Minors Act, Part 9 (commencing with Section
3900).
(3) That all or part of the remaining balance of money and other
property not become a part of the guardianship estate and, instead,
be transferred to the trustee of a trust which is either created by,
or approved of, in the order or judgment described in Section 3600.
This trust shall be revocable by the minor upon attaining 18 years of
age, and shall contain other terms and conditions, including, but
not limited to, terms and conditions concerning trustee's accounts
and trustee's bond, as the court determines to be necessary to
protect the minor's interests.
(d) Upon petition of the guardian, conservator, or any person
interested in the guardianship or conservatorship estate, the court
making the order or giving the judgment referred to in Section 3600
may order that all or part of the remaining balance of money not
become a part of the guardianship or conservatorship estate and
instead be paid to a special needs trust established under Section
3604 for the benefit of the minor or person with a disability.
(e) If the petition is by a person other than the guardian or
conservator, notice of hearing on a petition under subdivision (c)
shall be given for the period and in the manner provided in Chapter 3
(commencing with Section 1460) of Part 1.
(f) Notice of the time and place of hearing on a petition under
subdivision (d), and a copy of the petition, shall be mailed to the
State Director of Health Care Services, the Director of State
Hospitals, and the Director of Developmental Services at the office
of each director in Sacramento at least 15 days before the hearing.
SEC. 55. Section 3604 of the Probate Code is amended to read:
3604. (a) (1) If a court makes an order under Section 3602 or
3611 that money of a minor or person with a disability be paid to a
special needs trust, the terms of the trust shall be reviewed and
approved by the court and shall satisfy the requirements of this
section. The trust is subject to continuing jurisdiction of the
court, and is subject to court supervision to the extent determined
by the court. The court may transfer jurisdiction to the court in the
proper county for commencement of a proceeding as determined under
Section 17005.
(2) If the court referred to in subdivision (a) could have made an
order under Section 3602 or 3611 to place that money into a special
needs trust, but that order was not requested, a parent, guardian,
conservator, or other interested person may petition a court that
exercises jurisdiction pursuant to Section 800 for that order. In
doing so, notice shall be provided pursuant to subdivisions (e) and
(f) of Section 3602, or subdivision (c) of Section 3611, and that
notice shall be given at least 15 days before the hearing.
(b) A special needs trust may be established and continued under
this section only if the court determines all of the following:
(1) That the minor or person with a disability has a disability
that substantially impairs the individual's ability to provide for
the individual's own care or custody and constitutes a substantial
handicap.
(2) That the minor or person with a disability is likely to have
special needs that will not be met without the trust.
(3) That money to be paid to the trust does not exceed the amount
that appears reasonably necessary to meet the special needs of the
minor or person with a disability.
(c) If at any time it appears (1) that any of the requirements of
subdivision (b) are not satisfied or the trustee refuses without good
cause to make payments from the trust for the special needs of the
beneficiary, and (2) that the State Department of Health Care
Services, the State Department of State Hospitals, the State
Department of Developmental Services, or a county or city and county
in this state has a claim against trust property, that department,
county, or city and county may petition the court for an order
terminating the trust.
(d) A court order under Section 3602 or 3611 for payment of money
to a special needs trust shall include a provision that all statutory
liens in favor of the State Department of Health Care Services, the
State Department of State Hospitals, the State Department of
Developmental Services, and any county or city and county in this
state shall first be satisfied.
SEC. 56. Section 3605 of the Probate Code is amended to read:
3605. (a) This section applies only to a special needs trust
established under Section 3604 on or after January 1, 1993.
(b) While the special needs trust is in existence, the statute of
limitations otherwise applicable to claims of the State Department of
Health Care Services, the State Department of State Hospitals, the
State Department of Developmental Services, and any county or city
and county in this state is tolled. Notwithstanding any provision in
the trust instrument, at the death of the special needs trust
beneficiary or on termination of the trust, the trust property is
subject to claims of the State Department of Health Care Services,
the State Department of State Hospitals, the State Department of
Developmental Services, and any county or city and county in this
state to the extent authorized by law as if the trust property is
owned by the beneficiary or is part of the beneficiary's estate.
(c) At the death of the special needs trust beneficiary or on
termination of the trust, the trustee shall give notice of the
beneficiary's death or the trust termination, in the manner provided
in Section 1215, to all of the following:
(1) The State Department of Health Care Services, the State
Department of State Hospitals, and the State Department of
Developmental Services, addressed to the director of that department
at the Sacramento office of the director.
(2) Any county or city and county in this state that has made a
written request to the trustee for notice, addressed to that county
or city and county at the address specified in the request.
(d) Failure to give the notice required by subdivision (c)
prevents the running of the statute of limitations against the claim
of the department, county, or city and county not given the notice.
(e) The department, county, or city and county has four months
after notice is given in which to make a claim with the trustee. If
the trustee rejects the claim, the department, county, or city and
county making the claim may petition the court for an order under
Chapter 3 (commencing with Section 17200) of Part 5 of Division 9,
directing the trustee to pay the claim. A claim made under this
subdivision shall be paid as a preferred claim prior to any other
distribution. If trust property is insufficient to pay all claims
under this subdivision, the trustee shall petition the court for
instructions and the claims shall be paid from trust property as the
court deems just.
(f) If trust property is distributed before expiration of four
months after notice is given without payment of the claim, the
department, county, or city and county has a claim against the
distributees to the full extent of the claim, or each distributee's
share of trust property, whichever is less. The claim against
distributees includes interest at a rate equal to that earned in the
Pooled Money Investment Account, Article 4.5 (commencing with Section
16480) of Chapter 3 of Part 2 of Division 4 of Title 2 of the
Government Code, from the date of distribution or the date of filing
the claim, whichever is later, plus other accruing costs as in the
case of enforcement of a money judgment.
SEC. 57. Section 3611 of the Probate Code is amended to read:
3611. In any case described in Section 3610, the court making the
order or giving the judgment referred to in Section 3600 shall, upon
application of counsel for the minor or person with a disability,
order any one or more of the following:
(a) That a guardian of the estate or conservator of the estate be
appointed and that the remaining balance of the money and other
property be paid or delivered to the person so appointed.
(b) That the remaining balance of any money paid or to be paid be
deposited in an insured account in a financial institution in this
state, or in a single-premium deferred annuity, subject to withdrawal
only upon the authorization of the court, and that the remaining
balance of any other property delivered or to be delivered be held on
conditions the court determines to be in the best interest of the
minor or person with a disability.
(c) After a hearing by the court, that the remaining balance of
any money and other property be paid to a special needs trust
established under Section 3604 for the benefit of the minor or person
with a disability. Notice of the time and place of the hearing and a
copy of the petition shall be mailed to the State Director of Health
Care Services, the Director of State Hospitals, and the Director of
Developmental Services at the office of each director in Sacramento
at least 15 days before the hearing.
(d) If the remaining balance of the money to be paid or delivered
does not exceed twenty thousand dollars ($20,000), that all or any
part of the money be held on any other conditions the court in its
discretion determines to be in the best interest of the minor or
person with a disability.
(e) If the remaining balance of the money and other property to be
paid or delivered does not exceed five thousand dollars ($5,000) in
value and is to be paid or delivered for the benefit of a minor, that
all or any part of the money and the other property be paid or
delivered to a parent of the minor, without bond, upon the terms and
under the conditions specified in Article 1 (commencing with Section
3400) of Chapter 2.
(f) If the remaining balance of the money and other property to be
paid or delivered is to be paid or delivered for the benefit of the
minor, that all or any part of the money and other property be
transferred to a custodian for the benefit of the minor under the
California Uniform Transfers to Minors Act, Part 9 (commencing with
Section 3900).
(g) That the remaining balance of the money and other property be
paid or delivered to the trustee of a trust which is created by, or
approved of, in the order or judgment referred to in Section 3600.
This trust shall be revocable by the minor upon attaining the age of
18 years, and shall contain other terms and conditions, including,
but not limited to, terms and conditions concerning trustee's
accounts and trustee's bond, as the court determines to be necessary
to protect the minor's interests.
(h) That the remaining balance of any money paid or to be paid be
deposited with the county treasurer, if all of the following
conditions are met:
(1) The county treasurer has been authorized by the county board
of supervisors to handle the deposits.
(2) The county treasurer shall receive and safely keep all money
deposited with the county treasurer pursuant to this subdivision,
shall pay the money out only upon the order of the court, and shall
credit each estate with the interest earned by the funds deposited
less the county treasurer's actual cost authorized to be recovered
under Section 27013 of the Government Code.
(3) The county treasurer and sureties on the official bond of the
county treasurer are responsible for the safekeeping and payment of
the money.
(4) The county treasurer shall ensure that the money deposited is
to earn interest or dividends, or both, at the highest rate which the
county can reasonably obtain as a prudent investor.
(5) Funds so deposited with the county treasurer shall only be
invested or deposited in compliance with the provisions governing the
investment or deposit of state funds set forth in Chapter 5
(commencing with Section 16640) of Part 2 of Division 4 of Title 2 of
the Government Code, the investment or deposit of county funds set
forth in Chapter 4 (commencing with Section 53600) of Part 1 of
Division 2 of Title 5 of the Government Code, or as authorized under
Chapter 6 (commencing with Section 2400) of Part 4.
(i) That the remaining balance of the money and other property be
paid or delivered to the person with a disability.
SEC. 58. Section 1078 of the Welfare and Institutions Code is
amended to read:
1078. To the extent that funding is available, the department, in
consultation with the State Department of State Hospitals, shall
develop training in the treatment of children and adolescents for
mental health disorders and shall provide training to all appropriate
mental health professionals.
SEC. 59. Section 3003 of the Welfare and Institutions Code is
amended to read:
3003. The Director of Corrections may enter into agreements with
the Director of State Hospitals or the Director of Developmental
Services pursuant to which persons committed to the custody of either
for narcotic addiction or imminent narcotic addiction can be
transferred to an institution under the jurisdiction of the other.
SEC. 60. 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 for the mentally
disordered 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 any 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 any 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. 61. Section 4314 of the Welfare and Institutions Code is
amended to read:
4314. The Director of State Hospitals may set aside and designate
any space on the grounds of any of the institutions under the
jurisdiction of the department that is not needed for other
authorized purposes, to enable the institution to establish and
maintain therein a store or canteen for the sale to or for the
benefit of patients of the institution of candies, cigarettes,
sundries, and other articles. The stores shall be conducted subject
to the rules and regulations of the department and the rental,
utility, and service charges shall be fixed as will reimburse the
institutions for the cost thereof. The stores when conducted under
the direction of a hospital administrator shall be operated on a
nonprofit basis but any profits derived shall be deposited in the
benefit fund of each institution as set forth in Section 4125.
Before any store is authorized or established, the Director of
State Hospitals shall first determine that the facilities are not
being furnished adequately by private enterprise in the community
where it is proposed to locate the store, and may hold public
hearings or cause surveys to be made, to determine the same.
The Director of State Hospitals may rent space to private
individuals, for the maintenance of a store or canteen at any of
these institutions upon any terms and subject to any regulations that
are approved by the Department of General Services, in accordance
with the provisions of Section 13109 of the Government Code. The
terms imposed shall provide that the rental, utility, and service
charges to be paid shall be fixed so as to reimburse the institution
for the cost thereof and any additional charges required to be paid
shall be deposited in the benefit fund of the institution as set
forth in Section 4125.
SEC. 62. 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 disorder or mental defect, 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 disorder or mental defect,
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 disorder
or mental defect, 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 disorder or mental defect, 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. 63. Section 5328.15 of the Welfare and Institutions Code is
amended to read:
5328.15. All information and records obtained in the course of
providing services under Division 5 (commencing with Section 5000),
Division 6 (commencing with Section 6000), or Division 7 (commencing
with Section 7000), to either voluntary or involuntary recipients of
services shall be confidential. Information and records may be
disclosed, however, notwithstanding any other provision of law, as
follows:
(a) To authorized licensing personnel who are employed by, or who
are authorized representatives of, the State Department of Health
Services, and who are licensed or registered health professionals,
and to authorized legal staff or special investigators who are peace
officers who are employed by, or who are authorized representatives
of the State Department of Social Services, as necessary to the
performance of their duties to inspect, license, and investigate
health facilities and community care facilities and to ensure that
the standards of care and services provided in such facilities are
adequate and appropriate and to ascertain compliance with the rules
and regulations to which the facility is subject. The confidential
information shall remain confidential except for purposes of
inspection, licensing, or investigation pursuant to Chapter 2
(commencing with Section 1250) of, and Chapter 3 (commencing with
Section 1500) of, Division 2 of the Health and Safety Code, or a
criminal, civil, or administrative proceeding in relation thereto.
The confidential information may be used by the State Department of
Health Services or the State Department of Social Services in a
criminal, civil, or administrative proceeding. The confidential
information shall be available only to the judge or hearing officer
and to the parties to the case. Names which are confidential shall be
listed in attachments separate to the general pleadings. The
confidential information shall be sealed after the conclusion of the
criminal, civil, or administrative hearings, and shall not
subsequently be released except in accordance with this subdivision.
If the confidential information does not result in a criminal, civil,
or administrative proceeding, it shall be sealed after the State
Department of Health Services or the State Department of Social
Services decides that no further action will be taken in the matter
of suspected licensing violations. Except as otherwise provided in
this subdivision, confidential information in the possession of the
State Department of Health Services or the State Department of Social
Services shall not contain the name of the patient.
(b) To any board which licenses and certifies professionals in the
fields of mental health pursuant to state law, when the Director of
State Hospitals has reasonable cause to believe that there has
occurred a violation of any provision of law subject to the
jurisdiction of that board and the records are relevant to the
violation. This information shall be sealed after a decision is
reached in the matter of the suspected violation, and shall not
subsequently be released except in accordance with this subdivision.
Confidential information in the possession of the board shall not
contain the name of the patient.
SEC. 64. Section 5329 of the Welfare and Institutions Code is
amended to read:
5329. Nothing in this chapter shall be construed to prohibit the
compilation and publication of statistical data for use by government
or researchers under standards set by the Director of State
Hospitals.
SEC. 65. 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 ________, 19__, 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 sanitarium
or hospital for the care of the mentally
disordered 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 Veterans
Administration 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 ________, 19__.
______________________________
Judge of the Superior Court
* Strike out when not applicable.
SEC. 66. Section 6603 of the Welfare and Institutions Code is
amended to read:
6603. (a) A person subject to this article shall be entitled to a
trial by jury, to the assistance of counsel, to the right to retain
experts or professional persons to perform an examination on his or
her behalf, and to have access to all relevant medical and
psychological records and reports. In the case of a person who is
indigent, the court shall appoint counsel to assist him or her, and,
upon the person's request, assist the person in obtaining an expert
or professional person to perform an examination or participate in
the trial on the person's behalf. Any right that may exist under this
section to request DNA testing on prior cases shall be made in
conformity with Section 1405 of the Penal Code.
(b) The attorney petitioning for commitment under this article
shall have the right to demand that the trial be before a jury.
(c) (1) If the attorney petitioning for commitment under this
article determines that updated evaluations are necessary in order to
properly present the case for commitment, the attorney may request
the State Department of State Hospitals to perform updated
evaluations. If one or more of the original evaluators is no longer
available to testify for the petitioner in court proceedings, the
attorney petitioning for commitment under this article may request
the State Department of State Hospitals to perform replacement
evaluations. When a request is made for updated or replacement
evaluations, the State Department of State Hospitals shall perform
the requested evaluations and forward them to the petitioning
attorney and to the counsel for the person subject to this article.
However, updated or replacement evaluations shall not be performed
except as necessary to update one or more of the original evaluations
or to replace the evaluation of an evaluator who is no longer
available to testify for the petitioner in court proceedings. These
updated or replacement evaluations shall include review of available
medical and psychological records, including treatment records,
consultation with current treating clinicians, and interviews of the
person being evaluated, either voluntarily or by court order. If an
updated or replacement evaluation results in a split opinion as to
whether the person subject to this article meets the criteria for
commitment, the State Department of State Hospitals shall conduct two
additional evaluations in accordance with subdivision (f) of Section
6601.
(2) For purposes of this subdivision, "no longer available to
testify for the petitioner in court proceedings" means that the
evaluator is no longer authorized by the Director of State Hospitals
to perform evaluations regarding sexually violent predators as a
result of any of the following:
(A) The evaluator has failed to adhere to the protocol of the
State Department of State Hospitals.
(B) The evaluator's license has been suspended or revoked.
(C) The evaluator is unavailable pursuant to Section 240 of the
Evidence Code.
(d) Nothing in this section shall prevent the defense from
presenting otherwise relevant and admissible evidence.
(e) If the person subject to this article or the petitioning
attorney does not demand a jury trial, the trial shall be before the
court without a jury.
(f) A unanimous verdict shall be required in any jury trial.
(g) The court shall notify the State Department of State Hospitals
of the outcome of the trial by forwarding to the department a copy
of the minute order of the court within 72 hours of the decision.
(h) Nothing in this section shall limit any legal or equitable
right that a person may have to request DNA testing.
SEC. 67. Section 6603.5 of the Welfare and Institutions Code is
amended to read:
6603.5. No employee or agent of the Department of Corrections and
Rehabilitation, the Board of Parole Hearings, or the State
Department of State Hospitals shall disclose to any person, except to
employees or agents of each named department, the prosecutor, the
respondent's counsel, licensed private investigators hired or
appointed for the respondent, or other persons or agencies where
authorized or required by law, the name, address, telephone number,
or other identifying information of a person who was involved in a
civil commitment hearing under this article as the victim of a sex
offense except where authorized or required by law.
SEC. 68. Section 6604.1 of the Welfare and Institutions Code is
amended to read:
6604.1. (a) The indeterminate term of commitment provided for in
Section 6604 shall commence on the date upon which the court issues
the initial order of commitment pursuant to that section.
(b) The person shall be evaluated by two practicing psychologists
or psychiatrists, or by one practicing psychologist and one
practicing psychiatrist, designated by the State Department of State
Hospitals. The provisions of subdivisions (c) to (i), inclusive, of
Section 6601 shall apply to evaluations performed for purposes of
extended commitments. The rights, requirements, and procedures set
forth in Section 6603 shall apply to all commitment proceedings.
SEC. 69. Section 6607 of the Welfare and Institutions Code is
amended to read:
6607. (a) If the Director of State Hospitals determines that the
person's diagnosed mental disorder has so changed that the person is
not likely to commit acts of predatory sexual violence while under
supervision and treatment in the community, the director shall
forward a report and recommendation for conditional release in
accordance with Section 6608 to the county attorney designated in
subdivision (i) of Section 6601, the attorney of record for the
person, and the committing court.
(b) When a report and recommendation for conditional release is
filed by the Director of State Hospitals pursuant to subdivision (a),
the court shall set a hearing in accordance with the procedures set
forth in Section 6608.
SEC. 70. Section 6609.1 of the Welfare and Institutions Code is
amended to read:
6609.1. (a) (1) When the State Department of State Hospitals
makes a recommendation to the court for community outpatient
treatment for any person committed as a sexually violent predator, or
when a person who is committed as a sexually violent predator
pursuant to this article has petitioned a court pursuant to Section
6608 for conditional release under supervision and treatment in the
community pursuant to a conditional release program, or has
petitioned a court pursuant to Section 6608 for subsequent
unconditional discharge, and the department is notified, or is aware,
of the filing of the petition, and when a community placement
location is recommended or proposed, the department shall notify the
sheriff or chief of police, or both, the district attorney, or the
county's designated counsel, that have jurisdiction over the
following locations:
(A) The community in which the person may be released for
community outpatient treatment.
(B) The community in which the person maintained his or her last
legal residence as defined by Section 3003 of the Penal Code.
(C) The county that filed for the person's civil commitment
pursuant to this article.
(2) The department shall also notify the Sexually Violent Predator
Parole Coordinator of the Department of Corrections and
Rehabilitation, if the person is otherwise subject to parole pursuant
to Article 1 (commencing with Section 3000) of Chapter 8 of Title 1
of Part 3 of the Penal Code. The department shall also notify the
Department of Justice.
(3) The notice shall be given when the department or its designee
makes a recommendation under subdivision (e) of Section 6608 or
proposes a placement location without making a recommendation, or
when any other person proposes a placement location to the court and
the department or its designee is made aware of the proposal.
(4) The notice shall be given at least 30 days prior to the
department's submission of its recommendation to the court in those
cases in which the department recommended community outpatient
treatment under Section 6607, or in which the department or its
designee is recommending or proposing a placement location, or in the
case of a petition or placement proposal by someone other than the
department or its designee, within 48 hours after becoming aware of
the petition or placement proposal.
(5) The notice shall state that it is being made under this
section and include all of the following information concerning each
person committed as a sexually violent predator who is proposed or is
petitioning to receive outpatient care in a conditional release
program in that city or county:
(A) The name, proposed placement address, date of commitment,
county from which committed, proposed date of placement in the
conditional release program, fingerprints, and a glossy photograph no
smaller than 31/8 by 31/8 inches in size, or clear copies of the
fingerprints and photograph.
(B) The date, place, and time of the court hearing at which the
location of placement is to be considered and a proof of service
attesting to the notice's mailing in accordance with this
subdivision.
(C) A list of agencies that are being provided this notice and the
addresses to which the notices are being sent.
(b) Those agencies receiving the notice referred to in paragraphs
(1) and (2) of subdivision (a) may provide written comment to the
department and the court regarding the impending release, placement,
location, and conditions of release. All community agency comments
shall be combined and consolidated. The written comment shall be
filed with the court at the time that the comment is provided to the
department. The written comment shall identify differences between
the comment filed with the court and that provided to the department,
if any. In addition, a single agency in the community of the
specific proposed or recommended placement address may suggest
appropriate, alternative locations for placement within that
community. A copy of the suggested alternative placement location
shall be filed with the court at the time that the suggested
placement location is provided to the department. The State
Department of State Hospitals shall issue a written statement to the
commenting agencies and to the court within 10 days of receiving the
written comments with a determination as to whether to adjust the
release location or general terms and conditions, and explaining the
basis for its decision. In lieu of responding to the individual
community agencies or individuals, the department's statement
responding to the community comment shall be in the form of a public
statement.
(c) The agencies' comments and department's statements shall be
considered by the court which shall, based on those comments and
statements, approve, modify, or reject the department's
recommendation or proposal regarding the community or specific
address to which the person is scheduled to be released or the
conditions that shall apply to the release if the court finds that
the department's recommendation or proposal is not appropriate.
(d) (1) When the State Department of State Hospitals makes a
recommendation to pursue recommitment, makes a recommendation not to
pursue recommitment, or seeks a judicial review of commitment status
pursuant to subdivision (f) of Section 6605, of any person committed
as a sexually violent predator, it shall provide written notice of
that action to the sheriff or chief of police, or both, and to the
district attorney, that have jurisdiction over the following
locations:
(A) The community in which the person maintained his or her last
legal residence as defined by Section 3003 of the Penal Code.
(B) The community in which the person will probably be released,
if recommending not to pursue recommitment.
(C) The county that filed for the person's civil commitment
pursuant to this article.
(2) The State Department of State Hospitals shall also notify the
Sexually Violent Predator Parole Coordinator of the Department of
Corrections and Rehabilitation, if the person is otherwise subject to
parole pursuant to Article 1 (commencing with Section 3000) of
Chapter 8 of Title 1 of Part 3 of the Penal Code. The State
Department of State Hospitals shall also notify the Department of
Justice. The notice shall be made at least 15 days prior to the
department's submission of its recommendation to the court.
(3) Those agencies receiving the notice referred to in this
subdivision shall have 15 days from receipt of the notice to provide
written comment to the department regarding the impending release. At
the time that the written comment is made to the department, a copy
of the written comment shall be filed with the court by the agency or
agencies making the comment. Those comments shall be considered by
the department, which may modify its decision regarding the community
in which the person is scheduled to be released, based on those
comments.
(e) (1) If the court orders the release of a sexually violent
predator, the court shall notify the Sexually Violent Predator Parole
Coordinator of the Department of Corrections and Rehabilitation. The
Department of Corrections and Rehabilitation shall notify the
Department of Justice, the State Department of State Hospitals, the
sheriff or chief of police or both, and the district attorney, that
have jurisdiction over the following locations:
(A) The community in which the person is to be released.
(B) The community in which the person maintained his or her last
legal residence as defined in Section 3003 of the Penal Code.
(2) The Department of Corrections and Rehabilitation shall make
the notifications required by this subdivision regardless of whether
the person released will be serving a term of parole after release by
the court.
(f) If the person is otherwise subject to parole pursuant to
Article 1 (commencing with Section 300) of Chapter 8 of Title 1 of
Part 3 of the Penal Code, to allow adequate time for the Department
of Corrections and Rehabilitation to make appropriate parole
arrangements upon release of the person, the person shall remain in
physical custody for a period not to exceed 72 hours or until parole
arrangements are made by the Sexually Violent Predator Parole
Coordinator of the Department of Corrections and Rehabilitation,
whichever is sooner. To facilitate timely parole arrangements,
notification to the Sexually Violent Predator Parole Coordinator of
the Department of Corrections and Rehabilitation of the pending
release shall be made by telephone or facsimile and, to the extent
possible, notice of the possible release shall be made in advance of
the proceeding or decision determining whether to release the person.
(g) The notice required by this section shall be made whether or
not a request has been made pursuant to Section 6609.
(h) The time limits imposed by this section are not applicable
when the release date of a sexually violent predator has been
advanced by a judicial or administrative process or procedure that
could not have reasonably been anticipated by the State Department of
State Hospitals and where, as the result of the time adjustments,
there is less than 30 days remaining on the commitment before the
inmate's release, but notice shall be given as soon as practicable.
(i) In the case of any subsequent community placement or change of
community placement of a conditionally released sexually violent
predator, notice required by this section shall be given under the
same terms and standards as apply to the initial placement, except in
the case of an emergency where the sexually violent predator must be
moved to protect the public safety or the safety of the sexually
violent predator. In the case of an emergency, the notice shall be
given as soon as practicable, and the affected communities may
comment on the placement as described in subdivision (b).
(j) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
SEC. 71. Section 6609.2 of the Welfare and Institutions Code is
amended to read:
6609.2. (a) When any sheriff or chief of police is notified by
the State Department of State Hospitals of its recommendation to the
court concerning the disposition of a sexually violent predator
pursuant to subdivision (a) or (b) of Section 6609.1, that sheriff or
chief of police may notify any person designated by the sheriff or
chief of police as an appropriate recipient of the notice.
(b) A law enforcement official authorized to provide notice
pursuant to this section, and the public agency or entity employing
the law enforcement official, shall not be liable for providing or
failing to provide notice pursuant to this section.
SEC. 72. Section 7501 of the Welfare and Institutions Code is
amended to read:
7501. (a) The Department of General Services, in cooperation with
the State Department of Developmental Services and the State
Department of State Hospitals, may sell or lease property within the
boundaries of Camarillo State Hospital described in subdivision (b)
to Ventura County which shall sublet the property to a nonprofit
organization for the purpose of constructing and operating a children'
s crisis care center to provide an alternative to emergency shelter
home placement. The facility shall provide for an interagency program
for the delivery of medical, educational, and mental health
screening, crisis intervention, short-term mental health treatment,
and case management services for children who are removed from their
families due to abuse, neglect, abandonment, sexual molestation, or
who are in acute mental health crisis requiring short-term
nonhospital care and supervision described in subdivision (c).
(b) (1) The property is a 22.8 acre portion of Rancho Guadalasca,
in the County of Ventura, State of California, as described in the
Letters of Patent dated September 1, 1873, recorded in Book 1, Page
153 of Patents, in the office of the County Recorder of the county
and described as follows:
Beginning at the northwesterly terminus of the Fourth Course of
that parcel described in the deed recorded on June 9, 1932, in Book
358, Page 371 of Official Records, in said Recorder's Office; thence,
along said Fourth Course,
South 47b023693349 East 1150.00
feet to the northeasterly terminus of
1st -- the 38th Course of Parcel 1 described in
the deed recorded on April 17, 1973, in
Book 4101, Page 237 of said Official
Records; thence, along said 38th Course,
South 42b037690049 West 1026.00
2nd -- feet; thence, parallel with the First
Course herein,
North 47b023693349 West 800.00
3rd -- feet; thence, parallel with the Second
Course herein,
North 42b037690049 East 666.00
4th -- feet; thence, parallel with the First
Course herein,
North 47b023693349 West 350.00
feet to the intersection with the
5th -- Third Course of said parcel described in
the deed recorded in Book 358, Page 371
of said Official Records; thence, along
said Third Course,
6th -- North 42b037690049 East 360.00
feet to the point of beginning.
(2) Notwithstanding any other provision of this section, if the
parcel described in this subdivision is purchased or leased from the
state, 50 percent of the proceeds shall accrue to the State
Department of State Hospitals and 50 percent to the Department of
Developmental Services.
(3) The Department of General Services may enter into a sale or
lease at less than fair market value. The department is authorized to
lease the parcel for not less than 40, but not more than 99 years.
(c) Any of the following children are eligible for placement in
the children's crisis care center:
(1) Any child who has been placed in protective custody and
legally detained under Section 300 as a victim of abuse, neglect, or
abandonment. The child shall be one day through 17 years of age. An
infant born suffering from the result of perinatal substance abuse,
or an infant who requires shelter care because of physical abuse
resulting in a cast on the arm or leg shall also be eligible.
(2) Any dependent minor of the juvenile court whose placement has
been disrupted, and who is in need of temporary placement, as well as
crisis intervention and assessment services.
(3) Any voluntarily placed emotionally disturbed child in crisis
as determined appropriate by the mental health case manager. The
purpose of this placement is to deescalate the crisis, provide
assessment and diagnostic services for a recommendation of
appropriate treatment and ongoing placement, and to reduce the
utilization of private or state psychiatric hospitalization.
(4) Any eligible child who is a resident of any county in
California, subject to the availability of space.
SEC. 73. 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 mentally disordered persons 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, mentally disordered persons 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 mentally disordered persons placed through those
agreements and for payment of costs incurred or services rendered by
Ventura County.
SEC. 74. Section 7509 of the Welfare and Institutions Code is
amended to read:
7509. The State Department of State Hospitals and the State
Department of Developmental Services shall prescribe and publish
instructions and forms, in relation to the commitment and admission
of patients, and may include in them any interrogatories as it deems
necessary or useful. These instructions and forms shall be furnished
to anyone applying therefor, and shall also be sent in sufficient
numbers to the county clerks of the several counties of the state.
SEC. 75. Section 8104 of the Welfare and Institutions Code is
amended to read:
8104. The State Department of State Hospitals shall maintain in a
convenient central location and shall make available to the
Department of Justice those records that the State Department of
State Hospitals has in its possession that are necessary to identify
persons who come within Section 8100 or 8103. These records shall be
made available to the Department of Justice upon request. The
Department of Justice shall make these requests only with respect to
its duties with regard to applications for permits for, or to carry,
or the possession, purchase, or transfer of, explosives as defined in
Section 12000 of the Health and Safety Code, devices defined in
Section 16250, 16530, or 16640 of the Penal Code, in subdivisions (a)
to (d), inclusive, of Section 16520 of the Penal Code, or in
subdivision (a) of Section 16840 of the Penal Code, machineguns as
defined in Section 16880 of the Penal Code, short-barreled shotguns
or short-barreled rifles as defined in Sections 17170 and 17180 of
the Penal Code, assault weapons as defined in Section 30510 of the
Penal Code, and destructive devices as defined in Section 16460 of
the Penal Code, or to determine
the eligibility of a person to acquire, carry, or possess a
firearm, explosive, or destructive device by a person who is subject
to a criminal investigation, a part of which involves the
acquisition, carrying, or possession of a firearm by that person.
These records shall not be furnished or made available to any person
unless the department determines that disclosure of any information
in the records is necessary to carry out its duties with respect to
applications for permits for, or to carry, or the possession,
purchase, or transfer of, explosives, destructive devices, devices as
defined in Section 16250, 16530, or 16640 of the Penal Code, in
subdivisions (a) to (d), inclusive, of Section 16520 of the Penal
Code, or in subdivision (a) of Section 16840 of the Penal Code,
short-barreled shotguns, short-barreled rifles, assault weapons, and
machineguns, or to determine the eligibility of a person to acquire,
carry, or possess a firearm, explosive, or destructive device by a
person who is subject to a criminal investigation, a part of which
involves the acquisition, carrying, or possession of a firearm by
that person.
SEC. 76. Section 10506 of the Welfare and Institutions Code is
amended to read:
10506. (a) Except as otherwise required by Sections 10614 and
14100.5, the State Department of Health Care Services (Genetically
Handicapped Persons, CCS, CHDP, and the caseload programs in the
Genetic Disease Branch), State Department of Alcohol and Drug
Programs (Drug Medi-Cal Program), Managed Risk Medical Insurance
Board, State Department of Developmental Services, State Department
of State Hospitals, and Department of Child Support Services shall
submit to the Department of Finance for its approval all assumptions
underlying all estimates used to develop the departments' budgets by
September 10 of each year, and those assumptions, as revised by,
March 1 of the following year.
(b) The Department of Finance shall approve, modify, or deny the
assumptions underlying all estimates within 15 working days of their
submission. If the Department of Finance does not modify, deny, or
otherwise indicate that the assumptions are open for consideration
pending further information submitted by the department by that date,
the assumptions as presented by the submitting department shall be
deemed to be accepted by the Department of Finance as of that date.
(c) Each department or board described in subdivision (a) shall
also submit an estimate of expenditures for each of the categorical
aid programs in its budget to the Department of Finance by November 1
of each year and those estimates as revised by April 20 of the
following year. Each estimate shall contain a concise statement
identifying applicable estimate components, such as caseload, unit
cost, implementation date, whether it is a new or continuing premise,
and other assumptions necessary to support the estimate. The
submittal shall include a projection of the fiscal impact of each of
the approved assumptions related to a regulatory, statutory, or
policy change, a detailed explanation of any changes to the base
estimate projections from the previous estimate, and a projection of
the fiscal impact of that change to the base estimate.
(d) Each department or board shall identify those premises to
which either of the following applies:
(1) Have been discontinued since the previous estimate was
submitted. The department or board shall provide a chart that tracks
the history of each discontinued premise in the prior year, the
current year, and the budget year.
(2) Have been placed in the basic cost line of the estimate
package.
(e) In the event that the methodological steps employed in
arriving at the estimates in May differ from those used in November
of the preceding year, the department or board shall submit a
descriptive narrative of the revised methodology. In addition, the
estimates shall include fiscal charts that track appropriations from
the Budget Act to the current Governor's Budget and May Revision for
all fund sources for the prior year, current year and budget year.
This information shall be provided to the Department of Finance, the
Joint Legislative Budget Committee, the Health and Human Services
Policy Committees, and the fiscal committees, along with other
materials included in the annual May Revision of expenditure
estimates.
(f) The estimates of average monthly caseloads, average monthly
grants, total estimated expenditures, including administrative
expenditures and savings or costs associated with all regulatory or
statutory changes, as well as all supporting data provided by the
department or developed independently by the Department of Finance,
shall be made available to the Joint Legislative Budget Committee,
the Health and Human Services Policy Committees, and the fiscal
committees.
(g) On or after January 10, if the Department of Finance discovers
a material error in the information provided pursuant to this
section, the Department of Finance shall inform the consultants to
the fiscal committees of the error in a timely manner.
(h) The departmental estimates, assumptions, and other supporting
data prepared for purposes of this section shall be forwarded
annually to the Joint Legislative Budget Committee, the Health and
Human Services Policy Committees, and the fiscal committees of the
Legislature, not later than January 10 and May 14 by the department
or board if this information has not been released earlier by the
Department of Finance.
(i) The requirements of this section do not apply to the State
Department of Social Services estimate or the State Department of
Health Care Services' Medi-Cal Program estimate, which are governed
by Sections 10614 and 14100.5, respectively.
(j) The Department of Rehabilitation shall submit assumptions and
an estimate of case services expenditures for the Vocational
Rehabilitation (VR) program specifically detailing the VR supported
employment and work activity elements in accordance with this part,
except that assumptions shall be submitted only annually, on or
before March 1, and an estimate of expenditures shall be submitted
only annually, on or before April 20, to the Department of Finance.
The departmental assumptions and the departmental estimate of
expenditures shall be forwarded annually, on or before May 14, to the
Joint Legislative Budget Committee, and to the health and human
services policy committees and fiscal committees of the Legislature,
if this information has not been released earlier by the Department
of Finance.
SEC. 77. Section 14105.19 of the Welfare and Institutions Code is
amended to read:
14105.19. (a) Notwithstanding any other provision of law, in
order to implement changes in the level of funding for health care
services, the director shall reduce provider payments as specified in
this section.
(b) (1) Except as provided in subdivision (c), payments shall be
reduced by 10 percent for Medi-Cal fee-for-service benefits for dates
of service on and after July 1, 2008, through and including dates of
service on February 28, 2009.
(2) Except as provided in subdivision (c), payments shall be
reduced by 10 percent for non-Medi-Cal programs described in Article
6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division
106 of the Health and Safety Code, and Section 14105.18 of this
code, for dates of service on and after July 1, 2008, through and
including dates of service on February 28, 2009.
(3) For managed health care plans that contract with the
department pursuant to this chapter, Chapter 8 (commencing with
Section 14200), and Chapter 8.75 (commencing with Section 14591),
payments shall be reduced by the actuarial equivalent amount of the
payment reduction specified in this subdivision pursuant to contract
amendments or change orders effective on July 1, 2008.
(4) Notwithstanding paragraphs (1) and (2), payment reductions set
forth in this subdivision shall apply to small and rural hospitals,
as defined in Section 124840 of the Health and Safety Code, for dates
of service on and after July 1, 2008, through and including October
31, 2008.
(c) The services listed in this subdivision shall be exempt from
the payment reductions specified in subdivision (b):
(1) Acute hospital inpatient services, except for payments to
hospitals not under contract with the State Department of Health Care
Services, as provided in Section 14166.245.
(2) Federally qualified health center services, including those
facilities deemed to have federally qualified health center status
pursuant to a waiver under subdivision (a) of Section 1315 of Title
42 of the United States Code.
(3) Rural health clinic services.
(4) All of the following facilities:
(A) A skilled nursing facility licensed pursuant to subdivision
(c) of Section 1250 of the Health and Safety Code, except a skilled
nursing facility that is a distinct part of a general acute care
hospital. For purposes of this paragraph, "distinct part" has the
same meaning as defined in Section 72041 of Title 22 of the
California Code of Regulations.
(B) An intermediate care facility for the developmentally disabled
licensed pursuant to subdivision (e), (g), or (h) of Section 1250 of
the Health and Safety Code, or a facility providing continuous
skilled nursing care to developmentally disabled individuals pursuant
to the pilot project established by Section 14495.10.
(C) A subacute care unit, as defined in Section 51215.5 of Title
22 of the California Code of Regulations.
(5) Payments to facilities owned or operated by the State
Department of State Hospitals or the State Department of
Developmental Services.
(6) Hospice.
(7) Contract services as designated by the director pursuant to
subdivision (e).
(8) Payments to providers to the extent that the payments are
funded by means of a certified public expenditure or an
intergovernmental transfer pursuant to Section 433.51 of Title 42 of
the Code of Federal Regulations.
(9) Services pursuant to local assistance contracts and
interagency agreements to the extent the funding is not included in
the funds appropriated to the department in the annual Budget Act.
(10) Payments to Medi-Cal managed care plans pursuant to Section
4474.5 for services to consumers transitioning from Agnews
Developmental Center into Alameda, San Mateo, and Santa Clara
Counties pursuant to the Plan for the Closure of Agnews Developmental
Center.
(11) Breast and cervical cancer treatment provided pursuant to
Section 14007.71.
(12) The Family Planning, Access, Care, and Treatment (Family
PACT) Waiver Program pursuant to Section 14105.18.
(d) Subject to the exception for services listed in subdivision
(c), the payment reductions required by subdivision (b) shall apply
to the services rendered by any provider who may be authorized to
bill for the service, including, but not limited to, physicians,
podiatrists, nurse practitioners, certified nurse-midwives, nurse
anesthetists, and organized outpatient clinics.
(e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement this section by means of a provider
bulletin, or similar instruction, without taking regulatory action.
(f) The reductions described in this section shall apply only to
payments for services when the General Fund share of the payment is
paid with funds directly appropriated to the department in the annual
Budget Act and shall not apply to payments for services paid with
funds appropriated to other departments or agencies.
(g) The department shall promptly seek any necessary federal
approvals for the implementation of this section.
SEC. 78. Section 14105.191 of the Welfare and Institutions Code is
amended to read:
14105.191. (a) Notwithstanding any other provision of law, in
order to implement changes in the level of funding for health care
services, the director shall reduce provider payments, as specified
in this section.
(b) (1) Except as otherwise provided in this section, payments
shall be reduced by 1 percent for Medi-Cal fee-for-service benefits
for dates of service on and after March 1, 2009.
(2) Except as provided in subdivision (d), for dates of service on
and after March 1, 2009, payments to the following classes of
providers shall be reduced by 5 percent for Medi-Cal fee-for-service
benefits:
(A) Intermediate care facilities, excluding those facilities
identified in paragraph (5) of subdivision (d). For purposes of this
section, "intermediate care facility" has the same meaning as defined
in Section 51118 of Title 22 of the California Code of Regulations.
(B) Skilled nursing facilities that are distinct parts of general
acute care hospitals. For purposes of this section, "distinct part"
has the same meaning as defined in Section 72041 of Title 22 of the
California Code of Regulations.
(C) Rural swing-bed facilities.
(D) Subacute care units that are, or are parts of, distinct parts
of general acute care hospitals. For purposes of this subparagraph,
"subacute care unit" has the same meaning as defined in Section
51215.5 of Title 22 of the California Code of Regulations.
(E) Pediatric subacute care units that are, or are parts of,
distinct parts of general acute care hospitals. For purposes of this
subparagraph, "pediatric subacute care unit" has the same meaning as
defined in Section 51215.8 of Title 22 of the California Code of
Regulations.
(F) Adult day health care centers.
(3) Except as provided in subdivision (d), for dates of service on
and after March 1, 2009, Medi-Cal fee-for-service payments to
pharmacies shall be reduced by 5 percent.
(4) Except as provided in subdivision (d), payments shall be
reduced by 1 percent for non-Medi-Cal programs described in Article 6
(commencing with Section 124025) of Chapter 3 of Part 2 of Division
106 of the Health and Safety Code, and Section 14105.18, for dates of
service on and after March 1, 2009.
(5) For managed health care plans that contract with the
department pursuant to this chapter, Chapter 8 (commencing with
Section 14200), and Chapter 8.75 (commencing with Section 14591),
payments shall be reduced by the actuarial equivalent amount of the
payment reductions specified in this subdivision pursuant to contract
amendments or change orders effective on July 1, 2008, or
thereafter.
(c) Notwithstanding any other provision of this section, payments
to hospitals that are not under contract with the State Department of
Health Care Services pursuant to Article 2.6 (commencing with
Section 14081) for inpatient hospital services provided to Medi-Cal
beneficiaries and that are subject to Section 14166.245 shall be
governed by that section.
(d) To the extent applicable, the services, facilities, and
payments listed in this subdivision shall be exempt from the payment
reductions specified in subdivision (b):
(1) Acute hospital inpatient services that are paid under
contracts pursuant to Article 2.6 (commencing with Section 14081).
(2) Federally qualified health center services, including those
facilities deemed to have federally qualified health center status
pursuant to a waiver pursuant to subsection (a) of Section 1115 of
the federal Social Security Act (42 U.S.C. Sec. 1315(a)).
(3) Rural health clinic services.
(4) Skilled nursing facilities licensed pursuant to subdivision
(c) of Section 1250 of the Health and Safety Code other than those
specified in paragraph (2) of subdivision (b).
(5) Intermediate care facilities for the developmentally disabled
licensed pursuant to subdivision (e), (g), or (h) of Section 1250 of
the Health and Safety Code, or facilities providing continuous
skilled nursing care to developmentally disabled individuals pursuant
to the pilot project established by Section 14495.10.
(6) Payments to facilities owned or operated by the State
Department of State Hospitals or the State Department of
Developmental Services.
(7) Hospice services.
(8) Contract services, as designated by the director pursuant to
subdivision (g).
(9) Payments to providers to the extent that the payments are
funded by means of a certified public expenditure or an
intergovernmental transfer pursuant to Section 433.51 of Title 42 of
the Code of Federal Regulations.
(10) Services pursuant to local assistance contracts and
interagency agreements to the extent the funding is not included in
the funds appropriated to the department in the annual Budget Act.
(11) Payments to Medi-Cal managed care plans pursuant to Section
4474.5 for services to consumers transitioning from Agnews
Developmental Center into the Counties of Alameda, San Mateo, and
Santa Clara pursuant to the Plan for the Closure of Agnews
Developmental Center.
(12) Breast and cervical cancer treatment provided pursuant to
Section 14007.71 and as described in paragraph (3) of subdivision (a)
of Section 14105.18 or Article 1.5 (commencing with Section 104160)
of Chapter 2 of Part 1 of Division 103 of the Health and Safety Code.
(13) The Family Planning, Access, Care, and Treatment (Family
PACT) Program pursuant to subdivision (aa) of Section 14132.
(14) Small and rural hospitals, as defined in Section 124840 of
the Health and Safety Code.
(e) Subject to the exemptions listed in subdivision (d), the
payment reductions required by paragraph (1) of subdivision (b) shall
apply to the benefits rendered by any provider who may be authorized
to bill for provision of the benefit, including, but not limited to,
physicians, podiatrists, nurse practitioners, certified nurse
midwives, nurse anesthetists, and organized outpatient clinics.
(f) (1) Notwithstanding any other provision of law, Medi-Cal
reimbursement rates applicable to the classes of providers identified
in paragraph (2) of subdivision (b), for services rendered during
the 2009-10 rate year and each rate year thereafter, shall not exceed
the reimbursement rates that were applicable to those classes of
providers in the 2008-09 rate year.
(2) In addition to the classes of providers described in paragraph
(1), Medi-Cal reimbursement rates applicable to the following
classes of facilities for services rendered during the 2009-10 rate
year, and each rate year thereafter, shall not exceed the
reimbursement rates that were applicable to those facilities and
services in the 2008-09 rate year:
(A) Facilities identified in paragraph (5) of subdivision (d).
(B) Freestanding pediatric subacute care units, as defined in
Section 51215.8 of Title 22 of the California Code of Regulations.
(3) Paragraphs (1) and (2) shall not apply to providers that are
paid pursuant to Article 3.8 (commencing with Section 14126), or to
services, facilities, and payments specified in subdivision (d), with
the exception of facilities described in paragraph (5) of
subdivision (d).
(4) The limitation set forth in this subdivision shall be applied
only after the reductions in paragraph (2) of subdivision (b) have
been made.
(g) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement and administer this section by means of
provider bulletins, or similar instructions, without taking
regulatory action.
(h) The reductions and limitations described in this section shall
apply only to payments for benefits when the General Fund share of
the payment is paid with funds directly appropriated to the
department in the annual Budget Act, and shall not apply to payments
for benefits paid with funds appropriated to other departments or
agencies.
(i) The department shall promptly seek any necessary federal
approvals for the implementation of this section. To the extent that
federal financial participation is not available with respect to any
payment that is reduced or limited pursuant to this section, the
director may elect not to implement that reduction or limitation.
SEC. 79. Section 14110 of the Welfare and Institutions Code is
amended to read:
14110. No payment for care or services shall be made under
Medi-Cal to a medical or health care facility unless it has been
certified by the department for participation, and it meets one of
the following:
(a) It is licensed by the department.
(b) It is licensed by a comparable agency in another state.
(c) It is exempt from licensure.
(d) It is operated by the Regents of the University of California.
(e) It meets the utilization review plan criteria for
certification or is certified as an institutional provider of
services under Title XVIII of the Federal Social Security Act and
regulations issued thereunder.
Nothing in this section shall preclude payments for care for aged
patients in medical facilities or institutions operated or licensed
by the department, or the State Department of State Hospitals, State
Department of Developmental Services, State Department of Social
Services, or Department of Rehabilitation.
The department shall certify facilities licensed pursuant to
subdivision (e) of Section 1250 of the Health and Safety Code for
participation in the program within 30 calendar days of receipt of a
complete application or date of licensure, whichever is greater, if
the facility meets all the requirements for certification. The
department for claims purposes only, shall enroll facilities which
meet all certification requirements within 30 calendar days of the
date of certification or 60 calendar days of licensure, whichever is
greater.
SEC. 80. Section 15650 of the Welfare and Institutions Code is
amended to read:
15650. (a) Investigation of reports of known or suspected
instances of abuse in long-term care facilities shall be the
responsibility of the bureau, the local law enforcement agency, and
the long-term care ombudsman program.
(b) Investigations of known or suspected instances of abuse
outside of long-term care facilities shall be the responsibility of
the county adult protective services agency, unless another public
agency is given responsibility for investigation in that
jurisdiction, and the local law enforcement agency.
(c) The investigative responsibilities set forth in this section
are in addition to, and not in derogation of or substitution for, the
investigative and regulatory responsibilities of licensing agencies,
such as the State Department of Social Services Community Care
Licensing Division and the State Department of Health Services
Licensing and Certification Division and their authorized
representatives.
(d) Other public agencies involved in the investigation of abuse
or advocacy of respective client populations, or both, include, but
shall not be limited to, the State Department of State Hospitals and
the State Department of Developmental Services. Other public agencies
shall conduct or assist in, or both, the investigation of reports of
abuse of elder and dependent adults within their jurisdiction in
conjunction with county adult protective services, local ombudsman
programs and local law enforcement agencies.
(e) Each county adult protective services agency shall maintain an
inventory of all public and private service agencies available to
assist victims of abuse, as defined by Section 15610.07. This
inventory shall be used to refer victims in the event that the county
adult protective services agency cannot resolve the immediate needs
of the victim, and to serve the victim on a long-term, followup
basis. The intent of this section is to acknowledge that limited
funds are available to resolve all suspected cases of abuse reported
to a county adult protective services agency.
(f) Each local ombudsman program shall maintain an inventory of
all public and private agencies available to assist long-term care
residents who are victims of abuse, as defined by Section 15610.07.
This inventory shall be used to refer cases of abuse in the event
that another agency has jurisdiction over the resident, the abuse is
verified and further investigation is needed by a law enforcement or
licensing agency, or the program does not have sufficient resources
to provide immediate assistance. The intent of this section is to
acknowledge that ombudsman responsibility in abuse cases is to
receive reports, determine the validity of reports, refer verified
abuse cases to appropriate agencies for further action as necessary,
and follow up to complete the required report information. Other
ombudsman services shall be provided to the resident, as appropriate.
SEC. 81. Section 15658 of the Welfare and Institutions Code is
amended to read:
15658. (a) A written abuse report required by this chapter, shall
be submitted in one of the following ways:
(1) On a form adopted by the State Department of Social Services
after consultation with representatives of the various law
enforcement agencies, the California Department of Aging, the State
Department of Developmental Services, the State Department of State
Hospitals, the bureau, professional medical and nursing agencies,
hospital associations, and county welfare departments. These
reporting forms shall be distributed by the county adult protective
services agencies and the long-term care ombudsman programs. This
reporting form may also be used for documenting the telephone report
of a known or suspected instance of abuse of an elder or dependent
adult by the county adult protective services agency, local ombudsman
program, and local law enforcement agencies.
(2) Through a confidential Internet reporting tool, if the county
or long-term care ombudsman program chooses to implement such a
system. This Internet reporting tool shall be developed and
implemented in a manner that ensures the confidentiality and security
of all information contained in the reports, pursuant to the
confidentiality standards set forth in Sections 10850, 15633, and
15633.5.
(A) A county or long-term care ombudsman program that chooses to
implement this system shall report to the Assembly Committee on Aging
and Long-Term Care, the Assembly Committee on Human Services, the
Senate Committee on Human Services, the Assembly Committee on Public
Safety, and the Senate Committee on Public Safety one year after full
implementation. The report shall include changes in the number of
mandated reporters reporting through the confidential Internet
reporting tool, changes in the number of abandoned calls, and any
other quantitative or qualitative data that indicates the success, or
lack thereof, in employing a confidential Internet reporting tool to
better protect the safety and financial security of elder and
dependent adults.
(B) Information sent and received through the confidential
Internet reporting tool shall be used only for its intended purpose
and shall be subject to the same confidentiality and privacy
requirements that govern nonelectronic transmission of the same
information, and that are set forth in Sections 10850, 15633, and
15633.5.
(b) The form required by this section and the confidential
Internet reporting tool, if implemented, shall contain the following
items:
(1) The name, address, telephone number, and occupation of the
person reporting.
(2) The name and address of the victim.
(3) The date, time, and place of the incident.
(4) Other details, including the reporter's observations and
beliefs concerning the incident.
(5) Any statement relating to the incident made by the victim.
(6) The name of any individuals believed to have knowledge of the
incident.
(7) The name of the individuals believed to be responsible for the
incident and their connection to the victim.
(c) (1) Each county adult protective services agency shall report
to the State Department of Social Services monthly on the reports
received pursuant to this chapter. The reports shall be made on forms
adopted by the department. The information reported shall include,
but shall not be limited to, the number of incidents of abuse, the
number of persons abused, the type of abuse sustained, and the
actions taken on the reports. For purposes of these reports, sexual
abuse shall be reported separately from physical abuse.
(2) The county's report to the department shall not include
reports it receives from the long-term care ombudsman program
pursuant to subdivision (d).
(3) The department shall refer to the bureau monthly data
summaries of the reports of elder and dependent adult abuse, neglect,
abandonment, isolation, financial abuse, and other abuse it receives
from county adult protective services agencies.
(d) Each long-term care ombudsman program shall report to the
Office of the State Long-Term Care Ombudsman of the California
Department of Aging monthly on the reports it receives pursuant to
this chapter and shall send a copy to the county adult protective
services agency. The Office of the State Long-Term Care Ombudsman
shall submit a summarized quarterly report to the department based on
the monthly reports submitted by local long-term care ombudsman
programs. The reports shall be on forms adopted by the department and
the Office of the State Long-Term Care Ombudsman. The information
reported shall include, but shall not be limited to, the number of
incidents of abuse, the numbers of persons abused, the type of abuse,
and the actions taken on the reports. For purposes of these reports,
sexual abuse shall be reported separately from physical abuse.
SEC. 82. The sum of one thousand dollars ($1,000) is hereby
appropriated from the General Fund to the State Department of State
Hospitals for administration.
SEC. 83. Any section of any act enacted by the Legislature during
the 2012 calendar year that takes effect on or before January 1,
2013, and that amends, amends and renumbers, adds, repeals and adds,
or repeals a section that is amended, amended and renumbered, added,
repealed and added, 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, or repeal and addition, of any
article, chapter, part, title, or division of any code by this act
shall not become operative if any section of any other act that is
enacted by the Legislature during the 2012 calendar year and takes
effect on or before January 1, 2013, amends, amends and renumbers,
adds, repeals and adds, or repeals any section contained in that
article, chapter, part, title, or division.
SEC. 84. This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.
