BILL NUMBER: AB 1693	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2012

INTRODUCED BY   Assembly Members Hagman and Ma
    (   Principal coauthor:   Assembly Member
  Knight   ) 
   (Coauthors: Assembly Members  Knight,  
  Morrell,   Morrell  and Valadao)

    (   Coauthor:   Senator   Dutton
  ) 

                        FEBRUARY 15, 2012

   An act to add Section 7227.1 to the Welfare and Institutions Code,
relating to mental health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1693, as amended, Hagman. Mental health: persons incompetent to
stand trial: pilot program expansion.
   Existing law establishes the State Department of Mental Health,
provides for the administration of state hospitals by the department,
and provides for the involuntary confinement of certain individuals
in those state hospitals, including persons who have been found
incompetent to stand trial.
   This bill would authorize the department to expand a specified
pilot program to establish competency restoration programs in
prescribed counties, to provide treatment in county jails to
individuals found incompetent to stand trial, and who have not been
committed to a state hospital. By requiring specified counties to
participate in the pilot program if it is expanded, the bill would
impose a state-mandated local program.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for competency restoration
programs in Los Angeles County  , San Diego County, 
and Kern County.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 7227.1 is added to the Welfare and Institutions
Code, to read:
   7227.1.  (a) The State Department of Mental Health may expand the
pilot program originally authorized pursuant to Provision 8 of Item
4440-011-0001 of Section 2.00 of the Budget Act of 2007 to establish
competency restoration programs in Los Angeles County  , San
Diego County,   and  Kern County, and any other
county that voluntarily chooses to participate in the pilot program,
to provide appropriate treatment in county jails to individuals found
incompetent to stand trial (ISTs), and who have not been committed
to a state hospital.
   (b) If the department expands the pilot program as described in
subdivision (a), Los Angeles County  , San Diego County,
 and Kern County shall cooperate with the department as
necessary to establish the competency restoration programs in those
counties.
   (c) Competency restoration programs established pursuant to this
section shall include, but not be limited to, the following elements:

   (1) Objective competency assessment upon admission.
   (2) Individualized treatment programs.
   (3) Multimodal, experiential competency educational experiences.
   (4) An educational component addressing the criminal justice
system, including, but not limited to, various charges and their
severity, sentencing, pleas, roles of courtroom personnel, the
adversarial nature of the trial process, and evaluating evidence.
   (5) Additional educational components for individuals with
specific knowledge deficits.
   (6) Periodic reassessment of competency.
   (7) Medication treatment.
   (8) Capacity and involuntary treatment assessment.
   (d) Admissions criteria for competency restoration programs
established pursuant to this section shall be coordinated through the
department, with initial priority given to ISTs most likely to be
restored to competency in the selected treatment environment.
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the historically long waiting lists of ISTs in Los Angeles
County  , San Diego County,  and Kern County, which
expose the state and counties to potential future court involvement
from delays in the treatment of ISTs held in county jail longer than
recommended by the courts.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.