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

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

---

Bill Title: State hospitals: involuntary treatment.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2013-10-10 - Chaptered by Secretary of State - Chapter 705, Statutes of 2013. [AB610 Detail]

Download: California-2013-AB610-Amended.html

---

BILL NUMBER: AB 610	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 9, 2013
	AMENDED IN ASSEMBLY  APRIL 4, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Achadjian

                        FEBRUARY 20, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 610, as amended, Achadjian. State hospitals: involuntary
treatment.
   Existing law requires a county to submit a statement of all mental
health treatment costs and a separate statement of nontreatment
costs, to be submitted to the State Department of State Hospitals and
the Controller, respectively, when a trial or hearing is held for
specified inmates of state hospitals, including trials for persons
charged with escape from a state hospital and trials for persons who
commit a crime while confined in a state hospital.
   This bill would make these provisions applicable to hearings for
an order seeking involuntary treatment of a person confined in a
state hospital with psychotropic medication or other medication for
which an order is required.
   Existing law authorizes a district attorney to file a petition for
continued involuntary treatment for one year of a prisoner who
refused to agree to treatment as part of parole, if the prisoner's
severe mental disorder is not in remission or cannot be kept in
remission without treatment and the prisoner represents a substantial
danger of physical harm to others.
   This bill  ,  would require the nontreatment
costs associated with petitions brought for continuing involuntary
treatment under this provision to be paid by the county of
commitment, as defined.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4117 of the Welfare and Institutions Code is
amended to read:
   4117.  (a) Whenever a trial is had of any person charged with
escape or attempt to escape from a state hospital, whenever a hearing
is had on the return of a writ of habeas corpus prosecuted by or on
behalf of any person confined in a state hospital except in a
proceeding to which Section 5110 applies, whenever a hearing is had
on a petition under Section 1026.2, subdivision (b) of Section
1026.5, Section 2966  , and   or  Section
2972 of the Penal Code, Section 7361 of this code, or former Section
6316.2 of this code for the release of a person confined in a state
hospital, whenever a hearing is had for an order seeking involuntary
treatment of a person confined in a state hospital with psychotropic
medication or other medication for which an order is required, and
whenever a person confined in a state hospital is tried for a crime
committed therein, the appropriate financial officer or other
designated official of the county in which the trial or hearing is
had shall make out a statement of all mental health treatment costs
and shall make out a separate statement of all nontreatment costs
incurred by the county for investigation and other preparation for
the trial or hearing, and the actual trial or hearing, all costs of
maintaining custody of the patient and transporting him or her to and
from the hospital, and costs of appeal, which statements shall be
properly certified by a judge of the superior court of that county
and the statement of mental health treatment costs shall be sent to
the State Department of State Hospitals and the statement of all
nontreatment costs, except as provided in subdivision (c) with
respect to petitions brought pursuant to Section 2970 of the Penal
Code, shall be sent to the Controller for approval. After approval,
the department shall cause the amount of mental health treatment
costs incurred on or after July 1, 1987, to be paid to the county
mental health director or his or her designee where the trial or
hearing was held out of the money appropriated for this purpose by
the Legislature. In addition, the Controller shall cause the amount
of all nontreatment costs incurred on and after July 1, 1987, to be
paid out of the money appropriated by the Legislature, to the county
treasurer of the county where the trial or hearing was had.
   (b) Commencing January 1, 2012, the nontreatment costs associated
with Section 2966 of the Penal Code and approved by the Controller,
as required by subdivision (a), shall be paid by the Department of
Corrections and Rehabilitation pursuant to Section 4750 of the Penal
Code.
   (c) Commencing January 1, 2014, the nontreatment costs associated
with petitions brought pursuant to Section 2970 of the Penal Code
 , as provided in subdivision (a),  shall be paid by the
county of commitment in accordance with the provisions of Section
5110. As used in this subdivision, "county of commitment" means the
county seeking the continued treatment of a mentally disordered
offender pursuant to Section 2970 of the Penal Code.
   (d) (1) Whenever a hearing is held pursuant to Section 1604, 1608,
1609, or 2966 of the Penal Code, all transportation costs to and
from a state hospital or a facility designated by the community
program director during the hearing shall be paid by the Controller
as provided in this subdivision. The appropriate financial officer or
other designated official of the county in which a hearing is held
shall make out a statement of all transportation costs incurred by
the county. The statement shall be properly certified by a judge of
the superior court of that county and sent to the Controller for
approval. The Controller shall cause the amount of transportation
costs incurred on and after July 1, 1987, to be paid to the county
treasurer of the county where the hearing was had out of the money
appropriated by the Legislature.
   (2) As used in this subdivision, "community program director"
means the person designated pursuant to Section 1605 of the Penal
Code.