BILL ANALYSIS
SENATE HEALTH AND HUMAN SERVICES
COMMITTEE ANALYSIS
Senator Deborah V. Ortiz, Chair
BILL NO: SB 1448
S
AUTHOR: Chesbro
B
AMENDED: As introduced
HEARING DATE: April 3, 2002
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FISCAL: Appropriations
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CONSULTANT:
8
McCarthy / ak
SUBJECT
Deceased residents of state hospitals and developmental
centers
SUMMARY
The purpose of this bill is to require the state to assist
persons with disabilities in efforts to locate and preserve
the gravesites of state hospital or developmental center
residents who died and were buried on state lands, or lands
designated by the state for burial of state hospital or
development center residents.
ABSTRACT
Existing law:
1.Provides for the state Department of Mental Health (DMH)
to have jurisdiction over state institutions for the
mentally disordered (i.e., state hospitals) and imposes
various functions and duties on DMH with respect to the
administration of those institutions. The four state
hospitals over which DMH has jurisdiction include
Atascadero, Metropolitan, Napa, and Patton (another
hospital is expected to open in Coalinga in 2004).
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2.Provides for the state Department of Developmental
Services (DDS) to have jurisdiction over state
developmental centers for persons with developmental
disabilities, as defined, and imposes various functions
and duties on DDS with respect to the administration of
those centers. The five developmental centers over which
DDS has jurisdiction include Agnews, Fairview, Lanterman,
Porterville, and Sonoma.
3.Provides for various types of cemeteries (including
public cemeteries, private cemeteries, and cemetery
authorities) and establishes record keeping requirements
for each type of cemetery.
4.Provides that title to lands situated in or near any
city, and used by the inhabitants continuously as a
cemetery for five years, is vested in the inhabitants of
the city and the lands shall not be used except as a
public cemetery (H&S Code Section 8126).
This bill:
1.Requires DMH to conduct various inventories regarding
persons who have died while residing at a state hospital
or a state developmental center, including the location
of gravesites on existing state hospital and
developmental center lands or gravesites located on other
lands designated by the state for burial of state
hospital or developmental center residents. The
inventories would also include the names and location of
the remains of persons whose remains were donated for
medical research.
2.Requires DMH to conduct the required inventories in
coordination with a task force of specified organizations
representing persons with disabilities and with other
state departments including, but not limited to, the
departments of General Services, Developmental Services,
and the California State Library.
3.Requires DMH, in coordination with other state
departments and the task force, to assist and cooperate
with state or local organizations representing persons
with disabilities that conduct research regarding the
records of deaths and burials of persons at state
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hospitals or developmental centers, and to grant access
to state records as necessary to perform the inventories
described in the bill.
4.Requires DMH to assist organizations that represent
persons with disabilities, and conduct research on deaths
and burials of persons with disabilities, to develop a
plan for the restoration of the gravesites and cemeteries
on state hospital and developmental center grounds (or
located on other lands designated by the state for burial
of state hospital or developmental center residents).
Further, requires DMH to develop a protocol for the
future interment of patients who die while residing in a
state hospital or developmental center and whose remains
are not claimed by a family member.
5.Requires DMH to establish a task force, with specified
members, to provide direction in carrying out the
requirements of this bill. Also, this bill requires DMH
to submit a progress report to the Legislature regarding
the implementation of the bill, no later than January 31,
2004.
FISCAL IMPACT
Unknown at this time, however, it is the author's intent
that the costs be absorbable by DMH and DDS.
BACKGROUND AND DISCUSSION
Senate Select Committee on Developmental Disabilities and
Mental Health: Hearing and Report
On November 19, 2001, the Senate Select Committee on
Developmental Disabilities and Mental Health held a public
hearing at Napa State Hospital to examine the historic use
and current status of cemeteries at state mental hospitals
and development centers. At the hearing, testimony was
received from advocates from Minnesota and Georgia
regarding efforts in those states, led by persons with
disabilities, to restore and preserve cemeteries at state
institutions for the disabled. Testimony also was received
from a number of persons who are seeking information on the
location of the gravesite of a close relative or friend who
died while residing in a state hospital or developmental
center. Testimony included the emotional distress
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experienced by former patients of these state institutions,
and by relatives and friends of deceased residents, due to
the apparent lack of respect and care that has been given
to the remains of persons who died prior to 1965 while in
the care of these institutions.
Also, a number of persons testified regarding the lack of
appropriate interment procedures, record keeping and
cemetery maintenance that has occurred on or near state
hospital and developmental center grounds. Testimony and
pictures showed that some cemeteries have been allowed to
deteriorate or are "just fields" without markers. In
addition, testimony was received from persons who have
conducted historical research indicating that in two
locations, burial sites were transferred (by a local
governmental entity or a state institution) to other owners
(e.g., an American Legion Post), and eventually used for
other purposes. According to this testimony in at least
one case, the transfer was made without proper historical
accounting for -- and without proper removal and reburial
of -- the remains of all the state institution residents
buried at the site.
Subsequent to the hearing, the Select Committee published a
report, " Historic Use and Current Status of Cemeteries at
California State Hospital and Developmental Centers" .
The report contained data submitted by witnesses at the
hearing regarding the status of the cemeteries at both
state hospitals and state developmental centers, including
the following:
California has provided services to persons with
disabilities in state hospitals and developmental centers
since the mid-1880's.
Between the mid-1880's and 1965, over 16,000 patients,
and perhaps substantially more, have died and were
interred at a state hospital or developmental center.
Since the 1960's, cemeteries at both state hospitals and
state developmental centers have fallen into disrepair
and are in need of restoration.
Many of the existing gravesites are unmarked, and in some
cases, the cemeteries are untended. At Sonoma
Developmental Center, 1,418 are buried in unmarked
graves.
Historical information about the patients who died while
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residing at a state hospital or developmental center is
incomplete. For example, at Patton state hospital,
approximately 2,022 persons are buried in unmarked
graves. In other cases, to protect confidentiality
numbers were used to mark graves, instead of names, and
the markers are missing.
Efforts are underway at a few of the state institutions
to recreate historical records, repair some of the
deteriorated grave markers, etc., but there is no overall
state plan to restore and preserve the cemeteries.
Currently, when patients die while residing in one of
these institutions, and no family member claims the
remains, the local county inters the body in the local
cemetery for indigent persons. Sometimes, these graves
are unmarked.
SB 1448 incorporates a number of the recommendations made
by witnesses at the November hearing, as summarized in the
subsequent report of the Select Committee.
Author's stated purpose
The author's intent in introducing SB 1448 is to require an
inventory of existing records and materials to create the
most complete record possible of persons who have died
while in residency at a state hospital or developmental
center and the location of all existing gravesites on and
off state grounds. The bill is also intended to require
development of a plan to restore and preserve the
gravesites, and enable persons with disabilities to provide
leadership and direction in developing and carrying out the
plan.
Arguments in support
The California Network of Mental Health Clients, co-sponsor
of SB 1448, states that restoration of state hospital and
developmental center graveyards is a priority because, "How
we are treated in death is indicative of the way we were
valued in life". The Network further states that, between
the mid-1880's and 1960, thousands of persons were buried
on state hospital or developmental centers lands in, "?for
the most part, unmarked, mass gravesites, where numbered
markers have long ago disappeared?The intent of SB 1448 is
to support persons with disabilities in their efforts to
restore dignity?" to these persons.
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According to Protection and Advocacy, Inc. (PAI), Peer
Self/Advocacy Units, also a co-sponsor of SB 1448, "For
many years, persons who died while residing in state
hospitals and developmental centers, frequently were buried
in group graves and/or in unmarked and untended
gravesites?PAI believes that in restoring these gravesites,
we will also begin to restore a sense of dignity and self
worth to people who have resided in state institutions,
which can only help in the ongoing fight against stigma and
discrimination." Also, writing in support of the bill,
Project Return: The Next Step states that "?when we
dishonor deceased institutionalized persons by inadequately
remembering them in death, we are also making a statement:
people with severe mental illness don't count, they are not
worth remembering?By restoring honor to the dead, we bring
honor to the living?"
POSITIONS
Support: California Network of Mental Health Clients
(co-sponsor)
Capital People First (co-sponsor)
Protection and Advocacy, Inc., Peer/Self
Advocacy Units
(co-sponsor)
Alameda County Network of Mental Health
Clients
Association of Regional Center Agencies
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California Council of Community Mental
Health Agencies
California Memorial Project
California Mental Health Directors
Association (CMHDA)
Mental Health Association in California
Project Return: The Next Step
Two individuals
Oppose: None received
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