California 2011-2012 Regular Session Status: Enacted

AB 1470 — Mental health: State Department of State Hospitals.

Last action — Chaptered by Secretary of State - Chapter 24, Statutes of 2012.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2012. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law provides for state hospitals for the care, treatment, and education of mentally disordered persons. These hospitals are under the jurisdiction of the State Department of Mental Health, which is authorized by existing law to adopt regulations regarding the conduct and management of these facilities. Existing law establishes the Mental Health Subaccount of the Sales Tax Account in the continuously appropriated Local Revenue Fund for allocation into the mental health account of each local health and welfare trust fund, as specified. Existing law establishes the Mental Health Facilities Fund, which consists of the continuously appropriated State Hospital Account and the continuously appropriated Institutions for Mental Disease Account, and requires disbursement monthly of funds deposited to those accounts to the State Department of Mental Health, as specified. This bill would, instead, establish the State Department of State Hospitals, would require state hospitals to be under the jurisdiction of that department, and would require the State Department of Health Care Services to perform other specified duties instead of the State Department of Mental Health. This bill would provide that all regulations relating to state hospitals adopted by the State Department of Mental Health pursuant to authority transferred to the State Department of State Hospitals and in effect immediately preceding the operative date of this bill, shall remain in effect and be fully enforceable unless and until readopted, amended, or repealed by the Director of State Hospitals. This bill would specify the calculation for certain reimbursements for use of state hospital beds by counties that have not contracted with the State Department of State Hospitals, which are withheld from allocations from the Mental Health Subaccount of the Sales Tax Account in the Local Revenue Fund. This bill would require that funds deposited in the State Hospital Account be disbursed monthly to the State Department of State Hospitals and that funds deposited in the Institutions for Mental Disease Account be disbursed monthly to the State Department of Health Care Services. This bill would also make conforming changes and delete various obsolete provisions. Existing law prohibits a person from being tried or adjudged to punishment while the person is mentally incompetent. Existing law allows a county jail to be designated to provide medically approved medication to defendants found to be mentally incompetent and unable to provide informed consent due to a mental disorder upon the concurrence of the county board of supervisors, the county mental health director, and the county sheriff. Pursuant to these provisions, existing law also provides that a treatment facility for mentally incompetent defendants may include a county jail only for the sole purpose of administering antipsychotic medication pursuant to a court order, and provided the maximum period of time a defendant may be treated in a county jail treatment facility shall not exceed 6 months. Existing law provides that these provisions shall remain in effect until January 1, 2015, and as of that date are repealed. This bill would recast these provisions and make them operative until January 1, 2016. It would provide that a treatment facility includes a county jail without the limitation pertaining to administering antipsychotic medication pursuant to a court order. The bill would also delete an obsolete requirement that the State Department of Mental Health report to the Legislature regarding defendants that are incompetent to stand trial. Existing law provides that a trial or judgment shall be suspended until a person becomes mentally competent, and requires that a mentally incompetent defendant either be delivered to a state hospital, a treatment facility, or be placed on outpatient status. Prior to placement, existing law requires the court to order the community program director or designee to evaluate the defendant and submit a written recommendation to the court as to whether the defendant should be required to undergo outpatient treatment, or committed to a state hospital or to any other treatment facility. This bill would require the community program director or designee to evaluate the appropriate placement for the mentally disordered defendant to a state hospital or a local county jail treatment facility based on guidelines provided by the State Department of State Hospitals. The bill would require the State Department of State Hospitals to provide treatment at the county jail treatment facility and to reimburse the county jail treatment facility for the reasonable costs of the bed during the treatment. This bill would provide that the 6-month limitation on treatment in a county jail treatment facility shall not apply to these individuals. The bill would make an additional conforming change. Existing law authorizes, until September 2012, the State Department of Mental Health to house up to 1,530 patients at Patton State Hospital. Existing law provides that, until a permanent housing and treatment facility is available, Atascadero State Hospital shall be used whenever a sexually violent predator, as defined, is committed to a secure facility for mental health treatment, as prescribed. Existing law permits the State Department of Mental Health to place health facility beds at Coalinga State Hospital in suspense for a period of up to 6 years in providing programming to specified individuals using an outpatient/day treatment model. This bill would instead provide that Coalinga State Hospital shall be used when a sexually violent predator is committed to a secure facility for mental health treatment, and would instead provide that the State Department of State Hospitals may suspend health facility beds at Coalinga State Hospital in order to meet the mental health and medical needs of the patient population. This bill would extend the date the State Department of State Hospitals may house up to 1,530 patients at Patton State Hospital to September 2020. This bill would appropriate $1,000 to the State Department of Health Care Services for administration. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 24, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 26. Page 5328.).

  5. Assembly Rule 77 suspended. (Page 5328.)

  6. Assembly Rule 63 suspended. (Page 5328.)

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 18 pursuant to Assembly Rule 77.

  8. Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 14. Page 3938.).

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 11. Noes 0.) (June 14).

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

  12. Re-referred to Com. on B. & F.R.

  13. Referred to Com. on RLS.

  14. In Senate. Read first time. To Com. on RLS. for assignment.

  15. Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 23. Page 4085.)

  16. Read second time. Ordered to third reading.

  17. Ordered to second reading.

  18. Withdrawn from committee.

  19. Assembly Rule 96 suspended. (Ayes 46. Noes 24. Page 4011.)

  20. Assembly Rule 63 suspended. (Ayes 46. Noes 24. Page 4011.)

  21. Referred to Com. on BUDGET.

  22. From printer. May be heard in committee February 10.

  23. Read first time. To print.

Sponsors

  • Committee on Budget · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Committee on Budget

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading AB1470 Committee on BUDGET (Blumenfield) By Leno

Passed 25 Yea · 14 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 231301
Democratic 2000
Republican 0100
Total 251401
% of votes cast 63%35%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Nay
Cannella — Nay
Fuller — Nay
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Corbett — Yea
Harman — Nay
Dutton — Nay
Runner — Not Voting
Anderson — Nay
Blakeslee — Nay
Huff — Nay
Kehoe — Yea
Leno — Yea
Lieu — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Alquist — Yea
Hernandez — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Vargas — Yea
Emmerson — Nay
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 1470 BUDGET Concurrence in Senate Amendments By BLUMENFIELD

Passed 51 Yea · 26 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 502403
Democratic 1000
Republican 0200
Total 512603
% of votes cast 64%33%0%4%
How each member voted (80)
Member Party Vote
Gordon — Yea
Gorell — Nay
Fong — Yea
Butler — Yea
Carter — Yea
Cedillo — Yea
Eng — Yea
Chesbro — Yea
Fuentes — Yea
Furutani — Yea
Gatto — Yea
Allen — Yea
Hall — Yea
Hill — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Huber — Yea
Fletcher — Yea
Huffman — Yea
Ammiano — Yea
Davis — Yea
Dickinson — Yea
Perea — Yea
Skinner — Yea
Torres — Yea
Williams — Yea
Bonilla — Yea
Atkins — Yea
Garrick — Nay
Campos — Yea
Hagman — Nay
Halderman — Not Voting
Harkey — Nay
Jeffries — Nay
Conway — Nay
Cook — Nay
Knight — Nay
Logue — Nay
Mansoor — Nay
Mendoza — Not Voting
Miller — Nay
Nestande — Nay
Nielsen — Nay
Norby — Nay
Smyth — Nay
Valadao — Nay
Wagner — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Yea
Lara — Yea
Ma — Yea
Monning — Yea
Morrell — Nay
Olsen — Nay
Pan — Yea
Silva — Nay
Solorio — Yea
Swanson — Not Voting
Feuer — Yea
Donnelly — Nay
Galgiani — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 11 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 11005
Total 11005
% of votes cast 69%0%0%31%
How each member voted (16)
Member Party Vote
Negrete McLeod — Yea
Lowenthal — Yea
Evans — Yea
Hancock — Yea
Anderson — Not Voting
Liu — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Leno — Yea
Simitian — Yea
Emmerson — Not Voting
DeSaulnier — Yea
Fuller — Not Voting
Beth Gaines — Not Voting
La Malfa — Not Voting

Official roll call →

AB 1470 BUDGET Assembly Third Reading By BLUMENFIELD

Passed 47 Yea · 23 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 4621010
Republican 0200
Democratic 1000
Total 4723010
% of votes cast 59%29%0%13%
How each member voted (80)
Member Party Vote
Gordon — Yea
Halderman — Nay
Butler — Yea
Eng — Yea
Fuentes — Yea
Fong — Yea
Furutani — Yea
Allen — Yea
Garrick — Nay
Gatto — Yea
Campos — Yea
John A. Pérez — Yea
Mitchell — Yea
Hagman — Nay
Hayashi — Yea
Hill — Yea
Carter — Yea
Huber — Yea
Bonilla — Yea
Atkins — Yea
Huffman — Yea
Jeffries — Nay
Cedillo — Yea
Lara — Yea
Ammiano — Yea
Beall — Yea
Chesbro — Yea
Conway — Nay
Cook — Nay
Davis — Yea
Dickinson — Yea
Ma — Yea
Miller — Nay
Monning — Yea
Nestande — Nay
Nielsen — Nay
Olsen — Nay
Pan — Yea
Silva — Nay
Solorio — Yea
Torres — Yea
Wagner — Nay
Wieckowski — Yea
Williams — Yea
Fletcher — Not Voting
Portantino — Not Voting
Gorell — Not Voting
Hall — Not Voting
Donnelly — Nay
Mendoza — Not Voting
Achadjian — Nay
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Not Voting
Hueso — Yea
Knight — Nay
Logue — Not Voting
Mansoor — Nay
Morrell — Nay
Norby — Nay
Perea — Yea
Skinner — Not Voting
Smyth — Nay
Swanson — Yea
Valadao — Not Voting
Feuer — Yea
Galgiani — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Not Voting
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

public-safety civil-rights healthcare labor
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Frequently asked questions

What does AB 1470 do?
Existing law provides for state hospitals for the care, treatment, and education of mentally disordered persons. These hospitals are under the jurisdiction of the State Department of Mental Health, which is authorized by existing law to adopt regulations regarding the conduct and management of these facilities. Existing law establishes the Mental Health Subaccount of the Sales Tax Account in the continuously appropriated Local Revenue Fund for allocation into the mental health account of each local health and welfare trust fund, as specified. Existing law establishes the Mental Health Facilities Fund, which consists of the continuously appropriated State Hospital Account and the continuously appropriated Institutions for Mental Disease Account, and requires disbursement monthly of funds deposited to those accounts to the State Department of Mental Health, as specified. This bill would, instead, establish the State Department of State Hospitals, would require state hospitals to be under the jurisdiction of that department, and would require the State Department of Health Care Services to perform other specified duties instead of the State Department of Mental Health. This bill would provide that all regulations relating to state hospitals adopted by the State Department of Mental Health pursuant to authority transferred to the State Department of State Hospitals and in effect immediately preceding the operative date of this bill, shall remain in effect and be fully enforceable unless and until readopted, amended, or repealed by the Director of State Hospitals. This bill would specify the calculation for certain reimbursements for use of state hospital beds by counties that have not contracted with the State Department of State Hospitals, which are withheld from allocations from the Mental Health Subaccount of the Sales Tax Account in the Local Revenue Fund. This bill would require that funds deposited in the State Hospital Account be disbursed monthly to the State Department of State Hospitals and that funds deposited in the Institutions for Mental Disease Account be disbursed monthly to the State Department of Health Care Services. This bill would also make conforming changes and delete various obsolete provisions. Existing law prohibits a person from being tried or adjudged to punishment while the person is mentally incompetent. Existing law allows a county jail to be designated to provide medically approved medication to defendants found to be mentally incompetent and unable to provide informed consent due to a mental disorder upon the concurrence of the county board of supervisors, the county mental health director, and the county sheriff. Pursuant to these provisions, existing law also provides that a treatment facility for mentally incompetent defendants may include a county jail only for the sole purpose of administering antipsychotic medication pursuant to a court order, and provided the maximum period of time a defendant may be treated in a county jail treatment facility shall not exceed 6 months. Existing law provides that these provisions shall remain in effect until January 1, 2015, and as of that date are repealed. This bill would recast these provisions and make them operative until January 1, 2016. It would provide that a treatment facility includes a county jail without the limitation pertaining to administering antipsychotic medication pursuant to a court order. The bill would also delete an obsolete requirement that the State Department of Mental Health report to the Legislature regarding defendants that are incompetent to stand trial. Existing law provides that a trial or judgment shall be suspended until a person becomes mentally competent, and requires that a mentally incompetent defendant either be delivered to a state hospital, a treatment facility, or be placed on outpatient status. Prior to placement, existing law requires the court to order the community program director or designee to evaluate the defendant and submit a written recommendation to the court as to whether the defendant should be required to undergo outpatient treatment, or committed to a state hospital or to any other treatment facility. This bill would require the community program director or designee to evaluate the appropriate placement for the mentally disordered defendant to a state hospital or a local county jail treatment facility based on guidelines provided by the State Department of State Hospitals. The bill would require the State Department of State Hospitals to provide treatment at the county jail treatment facility and to reimburse the county jail treatment facility for the reasonable costs of the bed during the treatment. This bill would provide that the 6-month limitation on treatment in a county jail treatment facility shall not apply to these individuals. The bill would make an additional conforming change. Existing law authorizes, until September 2012, the State Department of Mental Health to house up to 1,530 patients at Patton State Hospital. Existing law provides that, until a permanent housing and treatment facility is available, Atascadero State Hospital shall be used whenever a sexually violent predator, as defined, is committed to a secure facility for mental health treatment, as prescribed. Existing law permits the State Department of Mental Health to place health facility beds at Coalinga State Hospital in suspense for a period of up to 6 years in providing programming to specified individuals using an outpatient/day treatment model. This bill would instead provide that Coalinga State Hospital shall be used when a sexually violent predator is committed to a secure facility for mental health treatment, and would instead provide that the State Department of State Hospitals may suspend health facility beds at Coalinga State Hospital in order to meet the mental health and medical needs of the patient population. This bill would extend the date the State Department of State Hospitals may house up to 1,530 patients at Patton State Hospital to September 2020. This bill would appropriate $1,000 to the State Department of Health Care Services for administration. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Who sponsors AB 1470?
AB 1470 is sponsored by Committee on Budget.
What is the current status of AB 1470?
This bill has been enacted into law. Introduced January 10, 2012. Enacted.
Where can I track AB 1470?
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