California 2017-2018 Regular Session Status: Enacted

SB 853 — Developmental services.

Last action — Chaptered by Secretary of State. Chapter 50, Statutes of 2018.

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

This bill has been enacted into law. Introduced January 10, 2018. 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 3 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

(1) Existing law vests in the State Department of Developmental Services jurisdiction over various state hospitals, referred to as developmental centers, for the provision of care to persons with developmental disabilities. Existing law prohibits the admission of a person to a developmental center except under certain circumstances, including when the person is experiencing an acute crisis and is committed by a court to the acute crisis center at the Fairview Developmental Center or the Sonoma Developmental Center. Under existing law, if a regional center determines, or is informed by a consumer's parents, legal guardian, conservator, or authorized representative that the community placement of a consumer is at risk of failing, and that admittance to a developmental center or department-operated facility is a likelihood, or the regional center is notified by a court of a potential admission to a developmental center, the regional center is required to immediately notify the appropriate regional resource development project, the consumer, the consumer's parents, legal guardian, or conservator, and the regional center clients' rights advocate. Existing law defines the acute crisis center at the Fairview Developmental Center and the acute crisis center at the Sonoma Developmental Center to each consist of one unit that is distinct from other residential units at the developmental center and serves no more than 5 consumers. This bill would revise the provisions relating to the failure of community placement and admittance to a developmental center or department-operated facility, to instead refer to an acute crisis home operated by the department. The bill would include the acute crisis centers at the Fairview Developmental Center and the Sonoma Developmental Center within the definition of an acute crisis home operated by the department for those purposes. The bill would also make technical, nonsubstantive changes. Existing law also authorizes admittance to the secure treatment facility at Porterville Developmental Center only when specified conditions are satisfied, including, among others, that the individual is at least 18 years of age. This bill would also require, as a condition of admittance to that facility, the regional center to notify the regional resource development project and other specified individuals of the potential admission, and would require the regional resource development project to complete an assessment of the individual's services and supports needs. (2) Existing law requires the department to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law makes confidential all information and records obtained in the course of providing intake, assessment, and services to a person with a developmental disability by a regional center or state developmental center, unless disclosure is expressly authorized. Existing law expressly authorizes disclosure of this information to a regional center clients' rights advocate when a comprehensive assessment is conducted or updated. This bill would authorize disclosure to the regional center clients' rights advocate, unless the consumer objects on his or her own behalf, for the purpose of providing advocacy pursuant to specified provisions of law. (3) Existing law requires the department to establish and implement a statewide Self-Determination Program that would be available in every regional center catchment area to provide participants and their families, within an individual budget, increased flexibility and choice, and greater control over decisions, resources, and needed and desired services and supports to implement their individual program plan (IPP) . Existing law requires specified federal funds to be used to offset the cost to the department for criminal background checks for providers and to offset the costs to the regional centers in implementing the Self-Determination Program, as specified. This bill would additionally require those federal funds to be used to maximize the ability of Self-Determination Program participants to direct their own lives and ensure the department and regional centers successfully implement the program. The bill would require the department to prepare a report to the Legislature, as part of the budget process for the 2019–20 fiscal year, summarizing how the funds were utilized. (4) Existing law permits regional centers to purchase in-home respite services in order to obtain specified services for a client living in his or her own home. Existing law requires a regional center to include specified information on its Internet Web site for the purpose of promoting transparency and access to public information, including, among other things, records related to the purchase of service policies and the names, types of service, and contact information of all vendors, as specified. This bill would additionally require each regional center to include on its Internet Web site any procedures and assessment tools used by the regional center to determine the level of respite services needed by each consumer. (5) The bill would appropriate $1,500,000 from the General Fund to the department to fund a contract awarded for the Best Buddies Program. (6) 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 50, Statutes of 2018.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 36. Noes 0. Page 4686.) Ordered to engrossing and enrolling.

  5. Unanimous consent granted to take up without reference to file.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 80. Noes 0. Page 5810.) Ordered to the Senate.

  8. Assembly Rule 63 suspended. (Ayes 55. Noes 23. Page 5803.)

  9. Ordered to third reading.

  10. Withdrawn from committee.

  11. Assembly Rule 96 suspended. (Ayes 55. Noes 23. Page 5803.)

  12. From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.

  13. Referred to Com. on BUDGET.

  14. In Assembly. Read first time. Held at Desk.

  15. Read third time. Passed. (Ayes 24. Noes 11. Page 4923.) Ordered to the Assembly.

  16. Read second time. Ordered to third reading.

  17. Ordered to second reading.

  18. Withdrawn from committee. (Ayes 25. Noes 11. Page 4865.)

  19. Referred to Com. on B. & F.R.

  20. From printer. May be acted upon on or after February 10.

  21. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Committee on Budget and Fiscal Review · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Committee on Budget and Fiscal Review

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

W/O REF. TO FILE SB853 B. & F.R. (Mitchell) Concurrence

Passed 36 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 31003
Democratic 5000
Total 36003
% of votes cast 92%0%0%8%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Yea
Bradford — Yea
Hernandez — Yea
Hill — Yea
Monning — Yea
Nielsen — Yea
Vidak — Yea
Wieckowski — Yea
Fuller — Yea
Lara — Yea
Moorlach — Yea
Morrell — Yea
Allen — Yea
De León — Yea
Cannella — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Galgiani — Yea
Glazer — Yea
Hertzberg — Yea
Hueso — Yea
Beall — Not Voting
Dodd — Yea
Leyva — Yea
Newman — Not Voting
Pan — Yea
Roth — Yea
Skinner — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

SB 853 B. & F. R. Senate Third Reading

Passed 80 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 58000
Democratic 16000
Republican 6000
Total 80000
% of votes cast 100%0%0%0%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Kiley — Yea
Low — Yea
Mathis — Yea
Nazarian — Yea
Rendon — Yea
Ting — Yea
Waldron — Yea
Eggman — Yea
Cooley — Yea
Cunningham — Yea
Frazier — Yea
Friedman — Yea
Gloria — Yea
Harper — Yea
Jones-Sawyer — Yea
Gonzalez Fletcher — Yea
Maienschein — Yea
Mayes — Yea
Rubio — Yea
Salas — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
Melendez — Yea
Obernolte — Yea
Santiago — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Burke — Yea
Rivas — Yea
Fong — Yea
Gray — Yea
Holden — Yea
Kamlager-Dove — Yea
Levine — Yea
McCarty — Yea
Medina — Yea
Mullin — Yea
O'Donnell — Yea
Baker — Yea
Chau — Yea
Chiu — Yea
Daly — Yea
Quirk — Yea
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading SB853 B. & F.R.

Passed 24 Yea · 11 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 201004
Democratic 4100
Total 241104
% of votes cast 62%28%0%10%
How each member voted (39)
Member Party Vote
Bates — Nay
Hernandez — Yea
Hill — Yea
Hueso — Not Voting
Leyva — Yea
Morrell — Nay
Newman — Yea
Nielsen — Nay
Pan — Yea
Skinner — Yea
Dodd — Yea
Fuller — Nay
Glazer — Yea
Allen — Yea
Cannella — Not Voting
Portantino — Yea
Atkins — Yea
Mitchell — Yea
De León — Not Voting
Galgiani — Yea
Anderson — Nay
Beall — Yea
Moorlach — Nay
Hertzberg — Yea
Bradford — Yea
Lara — Yea
Monning — Yea
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Wilk — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

civil-rights healthcare labor
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Frequently asked questions

What does SB 853 do?
(1) Existing law vests in the State Department of Developmental Services jurisdiction over various state hospitals, referred to as developmental centers, for the provision of care to persons with developmental disabilities. Existing law prohibits the admission of a person to a developmental center except under certain circumstances, including when the person is experiencing an acute crisis and is committed by a court to the acute crisis center at the Fairview Developmental Center or the Sonoma Developmental Center. Under existing law, if a regional center determines, or is informed by a consumer's parents, legal guardian, conservator, or authorized representative that the community placement of a consumer is at risk of failing, and that admittance to a developmental center or department-operated facility is a likelihood, or the regional center is notified by a court of a potential admission to a developmental center, the regional center is required to immediately notify the appropriate regional resource development project, the consumer, the consumer's parents, legal guardian, or conservator, and the regional center clients' rights advocate. Existing law defines the acute crisis center at the Fairview Developmental Center and the acute crisis center at the Sonoma Developmental Center to each consist of one unit that is distinct from other residential units at the developmental center and serves no more than 5 consumers. This bill would revise the provisions relating to the failure of community placement and admittance to a developmental center or department-operated facility, to instead refer to an acute crisis home operated by the department. The bill would include the acute crisis centers at the Fairview Developmental Center and the Sonoma Developmental Center within the definition of an acute crisis home operated by the department for those purposes. The bill would also make technical, nonsubstantive changes. Existing law also authorizes admittance to the secure treatment facility at Porterville Developmental Center only when specified conditions are satisfied, including, among others, that the individual is at least 18 years of age. This bill would also require, as a condition of admittance to that facility, the regional center to notify the regional resource development project and other specified individuals of the potential admission, and would require the regional resource development project to complete an assessment of the individual's services and supports needs. (2) Existing law requires the department to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law makes confidential all information and records obtained in the course of providing intake, assessment, and services to a person with a developmental disability by a regional center or state developmental center, unless disclosure is expressly authorized. Existing law expressly authorizes disclosure of this information to a regional center clients' rights advocate when a comprehensive assessment is conducted or updated. This bill would authorize disclosure to the regional center clients' rights advocate, unless the consumer objects on his or her own behalf, for the purpose of providing advocacy pursuant to specified provisions of law. (3) Existing law requires the department to establish and implement a statewide Self-Determination Program that would be available in every regional center catchment area to provide participants and their families, within an individual budget, increased flexibility and choice, and greater control over decisions, resources, and needed and desired services and supports to implement their individual program plan (IPP) . Existing law requires specified federal funds to be used to offset the cost to the department for criminal background checks for providers and to offset the costs to the regional centers in implementing the Self-Determination Program, as specified. This bill would additionally require those federal funds to be used to maximize the ability of Self-Determination Program participants to direct their own lives and ensure the department and regional centers successfully implement the program. The bill would require the department to prepare a report to the Legislature, as part of the budget process for the 2019–20 fiscal year, summarizing how the funds were utilized. (4) Existing law permits regional centers to purchase in-home respite services in order to obtain specified services for a client living in his or her own home. Existing law requires a regional center to include specified information on its Internet Web site for the purpose of promoting transparency and access to public information, including, among other things, records related to the purchase of service policies and the names, types of service, and contact information of all vendors, as specified. This bill would additionally require each regional center to include on its Internet Web site any procedures and assessment tools used by the regional center to determine the level of respite services needed by each consumer. (5) The bill would appropriate $1,500,000 from the General Fund to the department to fund a contract awarded for the Best Buddies Program. (6) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Who sponsors SB 853?
SB 853 is sponsored by Committee on Budget and Fiscal Review.
What is the current status of SB 853?
This bill has been enacted into law. Introduced January 10, 2018. Enacted.
Where can I track SB 853?
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