Bill Text: CA SB639 | 2015-2016 | Regular Session | Introduced
Bill Title: Developmental centers: closure.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB639 Detail]
Download: California-2015-SB639-Introduced.html
BILL NUMBER: SB 639 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Stone
FEBRUARY 27, 2015
An act to add Sections 4474.6 and 4474.7 to the Welfare and
Institutions Code, relating to developmental services.
LEGISLATIVE COUNSEL'S DIGEST
SB 639, as introduced, Stone. Developmental centers: closure.
Existing law vests in the State Department of Developmental
Services jurisdiction over state hospitals referred to as
developmental centers for the provision of residential care to
individuals with developmental disabilities. Existing law requires
the department to comply with procedural requirements when closing a
developmental center, including submitting a detailed plan to the
Legislature and holding at least one public hearing. Under existing
law, the department allocates funds to private nonprofit entities
known as regional centers, which are required to provide, or arrange
for the provision of, services and supports for persons with
developmental disabilities.
This bill would require the department to submit a plan to the
Legislature by April 1, 2016, to close the Sonoma Developmental
Center and the Fairview Developmental Center. The bill would require
the plan to meet existing requirements for closing a developmental
center and to additionally include, specified components, including a
closure plan that will result in each of the 2 developmental centers
closing no later than December 31, 2018, except as specified. The
bill would also require the plan to include a plan for using the
properties occupied by the 2 developmental centers, as specified, and
would require the department to work with the Department of General
Services to estimate potential revenues that may be generated from
different options for use of the properties.
The bill would state the intent of the Legislature that the
department minimize the expenditure of state funds related to any
developmental center residential units that are decertified for
failure to meet federal or state health and safety laws or
regulations or that receive notification from a state or federal
regulator that they are at risk of decertification for failure to
meet those laws or regulations, and that funds previously used to
operate developmental centers instead be shifted to support
community-based services for individuals with developmental
disabilities.
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. The Legislature finds and declares all of the
following:
(a) California's vision to create fulfilling lives for individuals
with developmental disabilities launched in 1969 with the passage of
the Lanterman Developmental Disabilities Services Act, authored by
Assembly Member Frank Lanterman and signed by Governor Ronald Reagan.
However, the Lanterman Act's vision is now threatened by neglect of
the community service system and wasteful spending on outdated state
institutions.
(b) State-operated institutions known as developmental centers
consume a disproportionate share of state spending. The developmental
center budget totals over $563 million for the 2014-15 fiscal year,
or $504,000 for each of the roughly 1,100 developmental center
residents in those centers. Compare this to the average of $17,000
spent on each of the 280,000 individuals with developmental
disabilities that reside and receive services in the community.
(c) Additionally, the developmental center system is plagued with
health and safety problems that threaten the well-being of residents.
The Sonoma Developmental Center lost its federal certification in
2012 due to significant health and safety violations, which not only
harmed residents but also resulted in the loss of millions of dollars
annually in federal funds. The other developmental centers are also
facing the possibility of decertification based on violations of
federal health and safety standards.
(d) The Legislature finds that it would not be prudent to continue
spending state funds in a potentially futile effort to restore
decertified residential units to good standing. Instead, residents of
units that do not meet health and safety standards would be better
served by receiving priority for transferring to community-based
residences with appropriate services and supports.
(e) The closure process for the Agnews Developmental Center, which
moved out its last resident in 2009, began in 2003. The closure
process for the Lanterman Developmental Center took over four years.
While care and caution were essential to ensure that residents found
suitable housing and services in their communities, closing these
facilities took more time than necessary to achieve those goals.
(f) The State Department of Developmental Services conducted an
extensive stakeholder process known as the Developmental Services
Task Force that produced a roadmap in January 2014 for the future of
the developmental center system. It is the intent of the Legislature
to carry out the principles reflected in that roadmap.
(g) It is essential that California recommit itself to vibrant and
sustainable community services that will maximize opportunities for
disabled individuals to thrive in their own neighborhoods. The
Legislature intends to close additional developmental centers and
shift the funds now being spent ineffectively for developmental
center operations to shore up the community services system instead.
SEC. 2. Section 4474.6 is added to the Welfare and Institutions
Code, to read:
4474.6. (a) The department shall submit a plan to the Legislature
by April 1, 2016, to close the Sonoma Developmental Center and the
Fairview Developmental Center. The plan shall meet the requirements
of Section 4474.1 and shall additionally include, but is not limited
to, all of the following components:
(1) A closure plan that will result in each of the two
developmental centers closing no later than December 31, 2018. If the
department concludes that it is not feasible to close the two
developmental centers by that date, the plan shall provide a detailed
rationale for that conclusion and a revised date for closure of each
of the two centers. The revised date shall not be later than
December 31, 2019.
(2) A plan to reduce developmental center staff in an efficient
manner that facilitates shifting funds from developmental center
operations to community services as warranted by the transition of
the developmental center population to the community.
(3) A plan for using the properties occupied by the two
developmental centers to benefit the developmentally disabled
community on an ongoing basis. The department shall work with the
Department of General Services to estimate potential revenues that
may be generated from different options for use of the properties.
These options shall include, but may not be limited to, the
following:
(A) Providing ongoing revenues to support community-based services
through lease or rental agreements between the Department of
Developmental Services and private entities, local governments, or
other state departments.
(B) Developing community-based, integrated housing resources for
use by individuals with developmental disabilities in a manner
similar to the Harbor Village development located adjacent to the
Fairview Developmental Center.
(C) Other proposals for commercial development that would provide
ongoing revenues to the state for purposes of supporting
community-based services for individuals with developmental
disabilities.
(b) The plan described in subdivision (a) shall be submitted in
compliance with Section 9795 of the Government Code.
SEC. 3. Section 4474.7 is added to the Welfare and Institutions
Code, to read:
4474.7. (a) It is the intent of the Legislature that the
department minimize the expenditure of state funds related to any
developmental center residential units that are decertified for
failure to meet federal or state health and safety laws or
regulations or that receive notification from a state or federal
regulator that they are at risk of decertification for failure to
meet of those laws or regulations. The department shall instead give
residents of any of those units priority for moving to a
community-based residence with appropriate community supports and
services, as determined by the resident's individual program plan.
(b) It is the intent of the Legislature that funds previously used
to operate developmental centers instead be shifted to support
community-based services for individuals with developmental
disabilities.
