BILL NUMBER: SB 1381	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Pavley

                        FEBRUARY 24, 2012

   An act to amend Sections 4502 and 17206.1 of the Business and
Professions Code, to amend Section 1761 of the Civil Code, to amend
Sections 8769, 16191, 16195, 16196, 16200, 41306, 41401, and 51765 of
the Education Code, to amend Sections 854.2, 6514, 12428, 12926,
14670.1, 14670.2, 14670.3, 14670.5, 14672.1, 14672.92, 16813, 16814,
and 16816 of the Government Code, to amend Sections 1275.5, 1337.1,
1337.3, 13113, 51312, 110403, 123935, 125000, 127260, and 129395 of
the Health and Safety Code, to amend Sections 10118, 10124, and
10203.4 of the Insurance Code, to amend Sections 1001.20, 1346,
1370.1, 1376, and 2962 of the Penal Code, to amend Section 1420 of
the Probate Code, to amend Section 25276 of the Vehicle Code, and to
amend Sections 4417, 4426, 4512, 4801, 5002, 5008, 5325, 5585.25,
6250, 6500, 6502, 6504, 6504.5, 6505, 6506, 6507, 6508, 6509, 6511,
6512, 6513, 6551, 6715, 6717, 6718, 6740, 6741, 7275, 7351, and 11014
of, and to amend the headings of Article 2 (commencing with Section
6500) of Chapter 2 of, Article 4 (commencing with Section 6715) of
Chapter 3 of, and Article 4 (commencing with Section 6740) of Chapter
4 of, Part 2 of Division 6 of, the Welfare and Institutions Code,
relating to intellectual disability.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1381, as introduced, Pavley. Mental retardation: change of term
to intellectual disability.
   Existing law, refers to mental retardation or a mentally retarded
person in provisions relating to, among other things, educational and
social services, commitment to state facilities, and criminal
punishment.
   This bill would revise these provisions to refer instead to
intellectual disability or a person with an intellectual disability.
This bill would express the intent of the Legislature to not make a
substantive change in law or a change to services or the eligibility
for services in revising this terminology.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  (a) It is the intent of the Legislature to increase
respect for people with disabilities by eliminating the use of the
outdated, offensive, and misleading terms "mental retardation" and
"mentally retarded."
   (b) Nothing in this act shall be construed as making a substantive
change in law or a change to services being provided or eligibility
standards in effect at the time of enactment.
  SEC. 2.  Section 4502 of the Business and Professions Code is
amended to read:
   4502.  As used in this chapter, "psychiatric technician" means any
person who, for compensation or personal profit, implements
procedures and techniques  which   that 
involve understanding of cause and effect and  which
 that  are used in the care, treatment, and
rehabilitation of mentally  ill,  ill or 
emotionally  disturbed, or mentally retarded  
disturbed  persons  , or persons with intellectual
disabilities,  and who has one or more of the following:
   (a) Direct responsibility for administering or implementing
specific therapeutic procedures, techniques, treatments, or
medications with the aim of enabling recipients or patients to make
optimal use of their therapeutic regime, their social and personal
resources, and their residential care.
   (b) Direct responsibility for the application of interpersonal and
technical skills in the observation and recognition of symptoms and
reactions of recipients or patients, for the accurate recording of
 such   these  symptoms and reactions, and
for the carrying out of treatments and medications as prescribed by a
licensed physician and surgeon or a psychiatrist.
   The psychiatric technician in the performance of  such
  these  procedures and techniques is responsible
to the director of the service in which his  or her  duties
are performed. The director may be a licensed physician and surgeon,
psychiatrist, psychologist, rehabilitation therapist, social worker,
registered nurse, or other professional personnel.
   Nothing herein shall authorize a licensed psychiatric technician
to practice medicine or surgery or to undertake the prevention,
treatment  ,  or cure of disease, pain, injury, deformity,
or mental or physical condition in violation of the law.
  SEC. 3.  Section 17206.1 of the Business and Professions Code is
amended to read:
   17206.1.  (a) (1) In addition to any liability for a civil penalty
pursuant to Section 17206, any person who violates this chapter, and
the act or acts of unfair competition are perpetrated against one or
more senior citizens or disabled persons, may be liable for a civil
penalty not to exceed two thousand five hundred dollars ($2,500) for
each violation, which may be assessed and recovered in a civil action
as prescribed in Section 17206.
   (2) Subject to subdivision (d), any civil penalty shall be paid as
prescribed by subdivisions (b) and (c) of Section 17206.
   (b) As used in this section, the following terms have the
following meanings:
   (1) "Senior citizen" means a person who is 65 years of age or
older.
   (2) "Disabled person" means any person who has a physical or
mental impairment that substantially limits one or more major life
activities.
   (A) As used in this subdivision, "physical or mental impairment"
means any of the following:
   (i) Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss substantially affecting one or more
of the following body systems: neurological; musculoskeletal;
special sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genitourinary; hemic and
lymphatic; skin; or endocrine.
   (ii) Any mental or psychological disorder,  such as mental
retardation   including intellectual disability  ,
organic brain syndrome, emotional or mental illness, and specific
learning disabilities.
   "Physical or mental impairment" includes, but is not limited to,
 such  diseases and conditions  as 
 including  orthopedic, visual, speech, and hearing
impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple
sclerosis, cancer, heart disease, diabetes,  mental
retardation   intellectual disability  , and
emotional illness.
   (B) "Major life activities" means functions  such as
  that include  caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking, breathing,
learning, and working.
   (c) In determining whether to impose a civil penalty pursuant to
subdivision (a) and the amount thereof, the court shall consider, in
addition to any other appropriate factors, the extent to which one or
more of the following factors are present:
   (1) Whether the defendant knew or should have known that his or
her conduct was directed to one or more senior citizens or disabled
persons.
   (2) Whether the defendant's conduct caused one or more senior
citizens or disabled persons to suffer: loss or encumbrance of a
primary residence, principal employment, or source of income;
substantial loss of property set aside for retirement, or for
personal or family care and maintenance; or substantial loss of
payments received under a pension or retirement plan or a government
benefits program, or assets essential to the health or welfare of the
senior citizen or disabled person.
   (3) Whether one or more senior citizens or disabled persons are
substantially more vulnerable than other members of the public to the
defendant's conduct because of age, poor health or infirmity,
impaired understanding, restricted mobility, or disability, and
actually suffered substantial physical, emotional, or economic damage
resulting from the defendant's conduct.
   (d) Any court of competent jurisdiction hearing an action pursuant
to this section may make orders and judgments as may be necessary to
restore to any senior citizen or disabled person any money or
property, real or personal, which may have been acquired by means of
a violation of this chapter. Restitution ordered pursuant to this
subdivision shall be given priority over recovery of any civil
penalty designated by the court as imposed pursuant to subdivision
(a), but shall not be given priority over any civil penalty imposed
pursuant to subdivision (a) of Section 17206. If the court determines
that full restitution cannot be made to those senior citizens or
disabled persons, either at the time of judgment or by a future date
determined by the court, then restitution under this subdivision
shall be made on a pro rata basis depending on the amount of loss.
  SEC. 4.  Section 1761 of the Civil Code is amended to read:
   1761.  As used in this title:
   (a) "Goods" means tangible chattels bought or leased for use
primarily for personal, family, or household purposes, including
certificates or coupons exchangeable for these goods, and including
goods that, at the time of the sale or subsequently, are to be so
affixed to real property as to become a part of real property,
whether or not they are severable from the real property.
   (b) "Services" means work, labor, and services for other than a
commercial or business use, including services furnished in
connection with the sale or repair of goods.
   (c) "Person" means an individual, partnership, corporation,
limited liability company, association, or other group, however
organized.
   (d) "Consumer" means an individual who seeks or acquires, by
purchase or lease, any goods or services for personal, family, or
household purposes.
   (e) "Transaction" means an agreement between a consumer and any
other person, whether or not the agreement is a contract enforceable
by action, and includes the making of, and the performance pursuant
to, that agreement.
   (f) "Senior citizen" means a person who is 65 years of age or
older.
   (g) "Disabled person" means any person who has a physical or
mental impairment that substantially limits one or more major life
activities.
   (1) As used in this subdivision, "physical or mental impairment"
means any of the following:
   (A) Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss substantially affecting one or more
of the following body systems: neurological; musculoskeletal;
special sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genitourinary; hemic and
lymphatic; skin; or endocrine.
   (B) Any mental or psychological disorder,  such as mental
retardation   including intellectual disability  ,
organic brain syndrome, emotional or mental illness, and specific
learning disabilities. "Physical or mental impairment" includes, but
is not limited to, such diseases and conditions as orthopedic,
visual, speech, and hearing impairment, cerebral palsy, epilepsy,
muscular dystrophy, multiple sclerosis, cancer, heart disease,
diabetes, mental retardation, and emotional illness.
   (2) "Major life activities" means functions  such as
  that include  caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking, breathing,
learning, and working.
   (h) "Home solicitation" means any transaction made at the consumer'
s primary residence, except those transactions initiated by the
consumer. A consumer response to an advertisement is not a home
solicitation.
  SEC. 5.  Section 8769 of the Education Code is amended to read:
   8769.  The county superintendent of schools may, with the approval
of the county board of education, lease any real or personal
property for the purpose of care, teaching  ,  and training
of physically handicapped  or mentally retarded 
children  or children with intellectual disabilities  at
such time as the property is not required for outdoor science
education and conservation education, upon such terms and conditions
as are agreed upon.
  SEC. 6.  Section 16191 of the Education Code is amended to read:
   16191.  As used in this article, "exceptional children" means
physically handicapped pupils,  mentally retarded pupils
  pupils with intellectual disabilities  ,
educationally handicapped pupils, multihandicapped pupils, or pupils
enrolled in development centers for the handicapped required or
allowed to be educated pursuant to Part 30 (commencing with Section
56000).
  SEC. 7.  Section 16195 of the Education Code is amended to read:
   16195.  Allocations under this article may be made in the amount
as may be necessary, and in the manner as to distribute the available
funds equitably among school districts, giving consideration to the
needs of each district and the number of children within each
district who are blind, partially seeing, aphasic, deaf, hard of
hearing,  mentally retarded, or orthopedic  
orthopedically impaired, or have an intellectual disability,  or
who are health impaired, multihandicapped, speech handicapped,
educationally handicapped, or enrolled in development centers for the
handicapped.
   In computing the number of those children, there shall be included
all of the following:
   (a) The number of them residing in the district.
   (b) The number of handicapped minors who are actually living
within the district five or more days a week, although their legal
residence may be outside the district and who are educated pursuant
to  former  Section 56708, as enacted by Section 2 of
Chapter 1010 of the Statutes of 1976.
   (c) The number of them who reside outside of the district, except
those described in subdivision (b), and who are to be educated by the
district, excluding  mentally retarded  minors 
with intellectual disabilities  within  former 
Section 56501, as amended by Section 58 of Chapter 1247 of the
Statutes of 1977, who reside within a district having an average
daily attendance of 900 or more and which does not meet the
requirements of Section 16058 concerning outstanding bonded
indebtedness.
   Allocations for housing and equipment for minors having speech
defects or disorders shall be allowed in new schools constructed
after July 1, 1968, and in existing schools constructed between July
1, 1933, and July 1, 1968. The housing and equipment shall be
designed and provided to permit their utilization for remedial and
other special services including speech therapy, speech reading
(lipreading), and auditory training for the speech and hearing
handicapped, screening and testing for speech and hearing defects, or
both, psychological testing of exceptional children, subject matter
tutoring of exceptional children, and other specialized activities
required by these children. In addition to the maximum building area
allowances provided in Sections 16047, 16052, 16053, and 16054, not
more than an additional 200 square feet of building area shall be
allowed for each new school so planned and constructed.
   Each existing school, constructed between July 1, 1933, and July
1, 1968, shall be allowed not more than an additional 200 square feet
of building area only for construction thereon of a new speech
facility. At the option of the applicant district, the board may
allocate funds to convert existing facilities or to provide a
combination of new construction and conversion of existing facilities
to provide housing for minors having speech defects or disorders,
provided the cost of the conversion or combination of new
construction and conversion does not exceed the computed cost for 200
square feet of new classroom construction based upon cost standards
adopted by the board. At the further option of the applicant
district, and in lieu of new building construction or conversion, the
board may allocate funds for the acquisition of mobile speech
therapy facilities, provided the cost of the mobile facilities does
not exceed the combined computed cost for 200 square feet of new
classroom construction, based upon cost standards adopted by the
board, at all schools which will be served by the mobile facility.
  SEC. 8.  Section 16196 of the Education Code is amended to read:
   16196.  Notwithstanding any provisions of this article to the
contrary, apportionments for the construction of facilities and the
purchase of essential furniture and equipment for the education of
exceptional children may, subject to the approval of the State
Department of Education, be made to any school districts not
otherwise eligible to receive apportionments under Article 1
(commencing with Section 16000) and Article 2 (commencing with
Section 16150) of this chapter, for the education of blind, partially
seeing, aphasic, deaf, hard-of-hearing,  mentally retarded,
orthopedic   orthopedically impaired  or other
health-impaired, multihandicapped, and educationally handicapped
minors,  minors with intellectual disabilities,  pupils
having speech defects or disorders, or pupils enrolled in development
centers for the handicapped.
   The State Department of Education may approve applications in
those situations where the facilities will be used by a county
superintendent of schools required to educate physically handicapped
minors pursuant to  former  Section 1850, as enacted by
Section 2 of Chapter 1010 of the Statutes of 1976, and 
mentally retarded minors   minors with intellectual
disabilities  pursuant to  former  Section 1880, as
enacted by Section 2 of Chapter 1010 of the Statutes of 1976. A
school district may educate these minors by agreement with a county
superintendent of schools required to educate these minors. Priority
in the use of the facilities shall be given to pupils from districts
other than the applicant district.
   Except as otherwise provided in this section, not more than 50
percent of the amount of any apportionment made pursuant to this
section shall be repaid. Repayments shall be made in the following
manner: Fifty percent of the amount of the apportionment shall be
repaid in full with interest by the district, in the annual amounts
and at the interest rate over the period as the State Allocation
Board may determine, not to exceed 20 years from the date the
apportionment became final. In any school year in which 50 percent or
more of the pupils in average daily attendance, as determined by the
county superintendent of schools, and served by the facilities are
not pupils from districts other than the applicant district, the
repayment for the succeeding fiscal year shall be an amount which
would have been payable if the district had been required to repay
100 percent of the apportionment over that period.
   The county board of supervisors of the county whose superintendent
of schools conducts classes in the facility during any fiscal year
shall at that time or times within the fiscal year that may be agreed
upon between the county and the school district, but in any case not
later than the end of the fiscal year, pay to the school district
having the obligation to repay the apportionment made under this
section for the construction of the facility, an amount equal to 80
percent of the amount the district is required to repay in the fiscal
year with respect to the apportionment described above.
   The county board of supervisors shall raise the amount required
through a general tax levy on the property within the participating
districts, or through a tuition charge not to exceed one hundred
sixty dollars ($160) a year per pupil by the county superintendent of
schools to the school districts of residence of pupils attending the
facility other than the district having the obligation to repay, or
through a combination of these.
   The county superintendent of schools shall notify the county board
of supervisors of his or her intention to approve a school district'
s application for an allocation under this article before he or she
approves the application.
  SEC. 9.  Section 16200 of the Education Code is amended to read:
   16200.  Notwithstanding any provisions of this article to the
contrary, the board may make apportionments to school districts not
otherwise eligible to receive apportionments under Article 1
(commencing with Section 16000) and Article 2 (commencing with
Section 16150) for the construction of special education facilities
and the purchase of essential furniture and equipment for the purpose
of either or both (1) educating those physically handicapped
 , mentally retarded,  and educationally handicapped
pupils  and pupils with intellectual disabilities  who
regularly reside in an established, licensed children's institution
or family home and are being educated pursuant to  former 
Section 42902, as amended by Section 1 of Chapter 1173 of the
Statutes of 1977, and (2) educating handicapped pupils in development
centers for handicapped pupils pursuant to  former  Article
1 (commencing with Section 56800) of Chapter 6 of Part 30, as
enacted by Section 2 of Chapter 1010 of the Statutes of 1976.
   Only 50 percent of any amounts allocated and disbursed to a
district under this section shall be repaid by the district. Each
disbursement shall be repaid in 20 equal annual installments,
including interest as determined by the board, and shall be computed
and withheld by the Controller. The first computation of repayment of
any disbursement shall be made in the fiscal year following the
disbursement and shall during the next fiscal year be deducted in
equal amounts from the February, March, April, and May installments
of the apportionment made to the district from the State School Fund
under Sections 41330 to 41343, inclusive, and Sections 41600 to
41972, inclusive.
  SEC. 10.  Section 41306 of the Education Code is amended to read:
   41306.  The Superintendent of Public Instruction shall also allow
as otherwise provided in Section 41304 for the driver training
instruction necessary to be safely tested for a driver's license at
the Department of Motor Vehicles, those physically handicapped
pupils,  mentally retarded pupils   pupils with
intellectual disabilities  who come within the provisions of
former Section 56501 as amended by Chapter 1247 of the Statutes of
1977, and educationally handicapped pupils who are in attendance in a
public secondary school in California that offers qualified
instruction, and who may qualify for a driver's license, or other
license, issued by the  California  Department of
Motor Vehicles, a total allowance not to exceed two hundred ninety
dollars ($290) including the reimbursement provisions set forth in
Section 41900 to each school district and county superintendent of
schools. All driver training for pupils herein described shall be
provided by qualified teachers, as defined by Sections 41906 and
41907. The provisions of this section may not be applied if
reimbursement allowable under Sections 41900 to 41912, inclusive, is
sufficient to meet the total cost of instruction as herein described.

   It is the intent of the Legislature that driver training
instruction be provided pupils as a part of the high school
curriculum, and the Legislature finds and declares that exceptional
children are entitled to the benefit of that instruction so far as
their individual capabilities permit, understanding that those pupils
herein described often require individualized and amplified driver
training instruction in order to succeed in becoming safe operators
of motor vehicles. Since without a means of self-transportation much
of the overall program of education and rehabilitation provided for
by the Legislature would be of little avail to the person without the
mobility required to become a productive and well-adjusted member of
society, the Legislature further declares that it is incumbent upon
the state to share in the cost of providing a most needed and
desirable program of driver training instruction for these
exceptional children.
  SEC. 11.  Section 41401 of the Education Code is amended to read:
   41401.  For the purposes of this article:
   (a) "Administrative employee" means an employee of a school
district, employed in a position requiring certification
qualifications, who does not come within the definition set forth in
subdivision (c) or (d).
   (b) "Classified employee" means an employee of a school district,
employed in a position not requiring certification qualifications.
   (c) "Pupil services employee" means an employee of a school
district, employed in a position requiring a standard designated
services credential, health and development credential, or a
librarian credential, who performs direct services to pupils. "Pupil
services employee" includes, but is not limited to, in-school
librarians, school nurses, assistant in-school librarians,
audiovisual personnel, counselors, psychologists, psychometrists,
guidance and welfare personnel, attendance personnel, school social
workers, and all other certificated personnel performing
pupil-personnel, health, or librarian services.
   (d) "Teacher" means an employee of a school district, employed in
a position requiring certification qualifications, whose duties
require him or her to provide direct instruction to pupils in the
schools of that district for the full time for which he or she is
employed. "Teacher" includes, but is not limited to, teachers of
special classes, teachers of exceptional children, teachers of pupils
with physical disabilities, teachers of  mentally retarded
 minors  with intellectual disabilities  ,
substitute teachers, instructional television teachers, specialist
mathematics teachers, specialist reading teachers, home and hospital
teachers, and learning disability group teachers. Instructional
preparation time shall be counted as part of the teacher full-time
equivalent, including, but not limited to, mentor teacher or
department chairperson time.
  SEC. 12.  Section 51765 of the Education Code is amended to read:
   51765.  The governing board of any school district  which
  that  establishes and supervises a work
experience education program in which  mentally retarded
 pupils  with intellectual disabilities  are
employed in part-time jobs may use funds derived from any source, to
the extent permissible by appropriate law or regulation, to pay the
wages of pupils so employed.
   The Legislature hereby finds and declares that the authority
granted by the provisions of this section is necessary to ensure that
the work experience education program will continue to provide
maximum educational benefit to students, particularly 
mentally retarded pupils   pupils with intellectual
disabilities  , and that  such   the 
program is deemed to serve a public purpose.
  SEC. 13.  Section 854.2 of the Government Code is amended to read:
   854.2.  As used in this chapter, "mental institution" means any
state hospital for the care and treatment of the mentally disordered
or  the mentally retarded   persons with
intellectual disabilities  , the California Rehabilitation
Center referred to in Section 3300 of the Welfare and Institutions
Code, or any county psychiatric hospital.
  SEC. 14.  Section 6514 of the Government Code is amended to read:
   6514.   Any   A  state department or
agency concerned with the provisions of services or facilities to
 mentally retarded  persons  with intellectual
disabilities  and their families may enter into agreements under
this chapter.
  SEC. 15.  Section 12428 of the Government Code is amended to read:
   12428.  In the event either the Governor or the Legislature should
obtain federal approval to transfer programs receiving federal
support for  the mentally retarded   persons who
have intellectual disabilities  or  mentally disordered
  mental disorders  from one state department to
another state department under the provisions of Public Law 90-577
(Intergovernmental Cooperation Act of 1968), the  State
 Controller shall, upon approval of the Director of Finance,
transfer to a  state  department designated by the
Governor  such   the  parts of the
appropriation of the other  state  departments that
are related to  mentally retarded or mentally disordered
 programs  for people who have intellectual disabilities
or mental disorders  , provided further, that  such
  the  transfer shall enable the state to make
maximum utilization of available state and federal funds.
  SEC. 16.  Section 12926 of the Government Code is amended to read:
   12926.  As used in this part in connection with unlawful
practices, unless a different meaning clearly appears from the
context:
   (a) "Affirmative relief" or "prospective relief" includes the
authority to order reinstatement of an employee, awards of backpay,
reimbursement of out-of-pocket expenses, hiring, transfers,
reassignments, grants of tenure, promotions, cease and desist orders,
posting of notices, training of personnel, testing, expunging of
records, reporting of records, and any other similar relief that is
intended to correct unlawful practices under this part.
                                     (b) "Age" refers to the
chronological age of any individual who has reached his or her 40th
birthday.
   (c) "Employee" does not include any individual employed by his or
her parents, spouse, or child, or any individual employed under a
special license in a nonprofit sheltered workshop or rehabilitation
facility.
   (d) "Employer" includes any person regularly employing five or
more persons, or any person acting as an agent of an employer,
directly or indirectly, the state or any political or civil
subdivision of the state, and cities, except as follows:
   "Employer" does not include a religious association or corporation
not organized for private profit.
   (e) "Employment agency" includes any person undertaking for
compensation to procure employees or opportunities to work.
   (f) "Essential functions" means the fundamental job duties of the
employment position the individual with a disability holds or
desires. "Essential functions" does not include the marginal
functions of the position.
   (1) A job function may be considered essential for any of several
reasons, including, but not limited to, any one or more of the
following:
   (A) The function may be essential because the reason the position
exists is to perform that function.
   (B) The function may be essential because of the limited number of
employees available among whom the performance of that job function
can be distributed.
   (C) The function may be highly specialized, so that the incumbent
in the position is hired for his or her expertise or ability to
perform the particular function.
   (2) Evidence of whether a particular function is essential
includes, but is not limited to, the following:
   (A) The employer's judgment as to which functions are essential.
   (B) Written job descriptions prepared before advertising or
interviewing applicants for the job.
   (C) The amount of time spent on the job performing the function.
   (D) The consequences of not requiring the incumbent to perform the
function.
   (E) The terms of a collective bargaining agreement.
   (F) The work experiences of past incumbents in the job.
   (G) The current work experience of incumbents in similar jobs.
   (g) (1) "Genetic information" means, with respect to any
individual, information about any of the following:
   (A) The individual's genetic tests.
   (B) The genetic tests of family members of the individual.
   (C) The manifestation of a disease or disorder in family members
of the individual.
   (2) "Genetic information" includes any request for, or receipt of,
genetic services, or participation in clinical research that
includes genetic services, by an individual or any family member of
the individual.
   (3) "Genetic information" does not include information about the
sex or age of any individual.
   (h) "Labor organization" includes any organization that exists and
is constituted for the purpose, in whole or in part, of collective
bargaining or of dealing with employers concerning grievances, terms
or conditions of employment, or of other mutual aid or protection.
   (i) "Medical condition" means either of the following:
   (1) Any health impairment related to or associated with a
diagnosis of cancer or a record or history of cancer.
   (2) Genetic characteristics. For purposes of this section,
"genetic characteristics" means either of the following:
   (A) Any scientifically or medically identifiable gene or
chromosome, or combination or alteration thereof, that is known to be
a cause of a disease or disorder in a person or his or her
offspring, or that is determined to be associated with a
statistically increased risk of development of a disease or disorder,
and that is presently not associated with any symptoms of any
disease or disorder.
   (B) Inherited characteristics that may derive from the individual
or family member, that are known to be a cause of a disease or
disorder in a person or his or her offspring, or that are determined
to be associated with a statistically increased risk of development
of a disease or disorder, and that are presently not associated with
any symptoms of any disease or disorder.
   (j) "Mental disability" includes, but is not limited to, all of
the following:
   (1) Having any mental or psychological disorder or condition,
 such as mental retardation   including
intellectual disability  , organic brain syndrome, emotional or
mental illness, or specific learning disabilities, that limits a
major life activity. For purposes of this section:
   (A) "Limits" shall be determined without regard to mitigating
measures, such as medications, assistive devices, or reasonable
accommodations, unless the mitigating measure itself limits a major
life activity.
   (B) A mental or psychological disorder or condition limits a major
life activity if it makes the achievement of the major life activity
difficult.
   (C) "Major life activities" shall be broadly construed and shall
include physical, mental, and social activities and working.
   (2) Any other mental or psychological disorder or condition not
described in paragraph (1) that requires special education or related
services.
   (3) Having a record or history of a mental or psychological
disorder or condition described in paragraph (1) or (2), which is
known to the employer or other entity covered by this part.
   (4) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, any mental condition
that makes achievement of a major life activity difficult.
   (5) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, a mental or
psychological disorder or condition that has no present disabling
effect, but that may become a mental disability as described in
paragraph (1) or (2).
   "Mental disability" does not include sexual behavior disorders,
compulsive gambling, kleptomania, pyromania, or psychoactive
substance use disorders resulting from the current unlawful use of
controlled substances or other drugs.
   (k) "On the bases enumerated in this part" means or refers to
discrimination on the basis of one or more of the following: race,
religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic
information, marital status, sex, age, or sexual orientation.
   (l) "Physical disability" includes, but is not limited to, all of
the following:
   (1) Having any physiological disease, disorder, condition,
cosmetic disfigurement, or anatomical loss that does both of the
following:
   (A) Affects one or more of the following body systems:
neurological, immunological, musculoskeletal, special sense organs,
respiratory, including speech organs, cardiovascular, reproductive,
digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
   (B) Limits a major life activity. For purposes of this section:
   (i) "Limits" shall be determined without regard to mitigating
measures  such as  , including 
medications, assistive devices, prosthetics, or reasonable
accommodations, unless the mitigating measure itself limits a major
life activity.
   (ii) A physiological disease, disorder, condition, cosmetic
disfigurement, or anatomical loss limits a major life activity if it
makes the achievement of the major life activity difficult.
   (iii) "Major life activities" shall be broadly construed and
includes physical, mental, and social activities and working.
   (2) Any other health impairment not described in paragraph (1)
that requires special education or related services.
   (3) Having a record or history of a disease, disorder, condition,
cosmetic disfigurement, anatomical loss, or health impairment
described in paragraph (1) or (2), which is known to the employer or
other entity covered by this part.
   (4) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, any physical condition
that makes achievement of a major life activity difficult.
   (5) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health
impairment that has no present disabling effect but may become a
physical disability as described in paragraph (1) or (2).
   (6) "Physical disability" does not include sexual behavior
disorders, compulsive gambling, kleptomania, pyromania, or
psychoactive substance use disorders resulting from the current
unlawful use of controlled substances or other drugs.
   (m) Notwithstanding subdivisions (j) and (l), if the definition of
"disability" used in the federal Americans with Disabilities Act of
1990 (P.L. 101-336) would result in broader protection of the civil
rights of individuals with a mental disability or physical
disability, as defined in subdivision (j) or (l), or would include
any medical condition not included within those definitions, then
that broader protection or coverage shall be deemed incorporated by
reference into, and shall prevail over conflicting provisions of, the
definitions in subdivisions (j) and (l).
   (n) "Race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic
information, marital status, sex, age, or sexual orientation"
includes a perception that the person has any of those
characteristics or that the person is associated with a person who
has, or is perceived to have, any of those characteristics.
   (o) "Reasonable accommodation" may include either of the
following:
   (1) Making existing facilities used by employees readily
accessible to, and usable by, individuals with disabilities.
   (2) Job restructuring, part-time or modified work schedules,
reassignment to a vacant position, acquisition or modification of
equipment or devices, adjustment or modifications of examinations,
training materials or policies, the provision of qualified readers or
interpreters, and other similar accommodations for individuals with
disabilities.
   (p) "Religious creed," "religion," "religious observance,"
"religious belief," and "creed" include all aspects of religious
belief, observance, and practice.
   (q) "Sex" includes, but is not limited to, pregnancy, childbirth,
or medical conditions related to pregnancy or childbirth. "Sex" also
includes, but is not limited to, a person's gender. "Gender" means
sex, and includes a person's gender identity and gender expression.
"Gender expression" means a person's gender-related appearance and
behavior whether or not stereotypically associated with the person's
assigned sex at birth.
   (r) "Sexual orientation" means heterosexuality, homosexuality, and
bisexuality.
   (s) "Supervisor" means any individual having the authority, in the
interest of the employer, to hire, transfer, suspend, layoff,
recall, promote, discharge, assign, reward, or discipline other
employees, or the responsibility to direct them, or to adjust their
grievances, or effectively to recommend that action, if, in
connection with the foregoing, the exercise of that authority is not
of a merely routine or clerical nature, but requires the use of
independent judgment.
   (t) "Undue hardship" means an action requiring significant
difficulty or expense, when considered in light of the following
factors:
   (1) The nature and cost of the accommodation needed.
   (2) The overall financial resources of the facilities involved in
the provision of the reasonable accommodations, the number of persons
employed at the facility, and the effect on expenses and resources
or the impact otherwise of these accommodations upon the operation of
the facility.
   (3) The overall financial resources of the covered entity, the
overall size of the business of a covered entity with respect to the
number of employees, and the number, type, and location of its
facilities.
   (4) The type of operations, including the composition, structure,
and functions of the workforce of the entity.
   (5) The geographic separateness, administrative, or fiscal
relationship of the facility or facilities.
  SEC. 17.  Section 14670.1 of the Government Code is amended to
read:
   14670.1.  Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of Mental Health,
may let to a nonprofit corporation, for the purpose of conducting an
educational and work program for  mentally retarded 
persons  with intellectual disabilities  , and for a period
not to exceed 50 years, real property not exceeding 10 acres located
within the grounds of the Napa State Hospital.
   The lease authorized by this section shall be nonassignable and
shall be subject to periodic review every five years.  Such
  The  review shall be made by the Director of
General Services, who shall do both of the following:
   (a) Assure the state that the original purposes of the lease are
being carried out.
   (b) Determine what, if any, adjustment should be made in the terms
of the lease.
   The lease shall also provide for an initial capital outlay by the
lessee of thirty thousand dollars ($30,000) prior to January 1, 1976.
 Such   The  capital outlay may be, or may
have been, contributed before or after the effective date of the act
adding this section.
  SEC. 18.  Section 14670.2 of the Government Code, as amended by
Section 1 of Chapter 65 of the Statutes of 1992, is amended to read:
   14670.2.  Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of Mental Health,
may, in the best interests of the state, let to a public governmental
agency, for the purpose of locating and conducting its 
trainable mentally retarded   training  program
 for people with intellectual disabilities  , and for
locating and conducting a child-care facility, and for a period not
to exceed 50 years, real property not exceeding 10 acres located
within the grounds of the Napa State Hospital. For the additional
purpose of establishing an educational park, the director may, with
the consent of the department, renegotiate the lease, for a period
not to exceed 50 years, which period shall commence January 1, 1993.
For the purposes of this section, "educational park" means a
conglomerate of educational services, including, but not limited to,
a children's center, a preschool for severely disabled children,
adult educational services, administrative offices, a community
school, and a media services building.
   The lease authorized by this section shall be nonassignable and
shall be subject to periodic review every five years. That review
shall be made by the Director of General Services, who shall do both
of the following:
   (a) Assure the state the purposes of the lease are being carried
out.
   (b) Determine what, if any, adjustment should be made in the terms
of the lease.
   The lease shall also provide for the establishment of a school
building facility by the lessee prior to July 1, 1977. That facility
shall not be established until after the effective date of the act
amending this section.
  SEC. 19.  Section 14670.3 of the Government Code is amended to
read:
   14670.3.  Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of  Mental
 Health, may let to a nonprofit corporation, for the purpose of
conducting an educational and work program for  mentally
retarded  persons  with intellectual disabilities 
, and for a period not to exceed 55 years, real property not
exceeding five acres located within the grounds of the Fairview State
Hospital.
   The lease authorized by this section shall be nonassignable and
shall be subject to periodic review every five years.  Such
  The  review shall be made by the Director of
General Services, who shall  do both of the following  :
   (a) Assure the state that the original purposes of the lease are
being carried  out;   out. 
   (b) Determine what, if any, adjustment should be made in the terms
of the lease.
   The lease shall also provide for an initial capital outlay by the
lessee of thirty thousand dollars ($30,000) prior to January 1, 1976.
Such capital outlay may be, or may have been, contributed before or
after the effective date of the act adding this section.
  SEC. 20.  Section 14670.5 of the Government Code is amended to
read:
   14670.5.  Notwithstanding Section 14670, the Director of General
Services, with the consent of the  State  Department of
Mental  Hygiene   Health  may let to a
nonprofit corporation, for the purpose of establishing and
maintaining a rehabilitation center for  mentally retarded
minor and adult  persons  with intellectual disabilities
 , for a period not exceeding 20 years, real property, not
exceeding five acres, located within the grounds of the Fairview
State Hospital in Orange County, and  which  
that  is retained by the state primarily to provide a peripheral
buffer area, or zone, between real property upon which is located
the state hospital and adjacent real property,  where
  if  the director deems  such 
 the  letting is in the best interests of the state.
  SEC. 21.  Section 14672.1 of the Government Code is amended to
read:
   14672.1.  Notwithstanding Section 14670, the Director of General
Services, with the consent of the Department of Corrections  and
Rehabilitation  , may let to a nonprofit corporation, for the
purpose of conducting an educational and work program for 
mentally retarded  persons  with intellectual
disabilities  , and for a period not to exceed 50 years, real
property not exceeding 10 acres, located within the grounds of the
Medical Facility at Vacaville, California.
   Any lease executed pursuant to this section shall include a
provision that  such   the  lease shall be
canceled if permanent facilities are not constructed on the leased
land within five years after the effective date of the amendments to
this section enacted at the 1967 Regular Session of the Legislature.
   Any lease executed pursuant to this section may be assigned or
sublet in whole or in part by the lessee nonprofit corporation to any
public agency with the approval of the Director of General Services
and the Department of Corrections  and Rehabilitation  .
  SEC. 22.  Section 14672.92 of the Government Code is amended to
read:
   14672.92.  Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of  Health
Services   Developmental Services  , may let to a
nonprofit corporation, for the purpose of conducting an educational
and work program for  mentally retarded  persons
 with intellectual disabilities  , and for a period not to
exceed 50 years, real property not exceeding 18.50 acres located
within the grounds of the Camarillo State Hospital at 1732 Lewis Road
in the City of Camarillo.
   The lease authorized by this section shall be nonassignable and
shall be subject to periodic review every five years.  Such
  The  review shall be made by the Director of
General Services and the Director of  Health  
Developmental  Services who shall do all of the following:
   (a) Assure the state the original purposes of the lease are being
carried out.
   (b) Determine what, if any, adjustment should be made in the terms
of the lease.
  SEC. 23.  Section 16813 of the Government Code is amended to read:
   16813.  Bonds of the State of California shall be prepared,
issued, and sold in the amount of one hundred million dollars
($100,000,000), in such denominations, to be numbered, to bear such
dates, and to bear such rate of interest as shall be determined by
the Legislature.
   The proceeds of such bonds shall be used:
   (a) Subject to such legislation as the Legislature may, from time
to time, enact, to provide loans and grants to school districts of
the state for use in purchasing and improving school sites, the
purchasing of furniture and equipment for schools, and the planning
and constructing, reconstructing, repairing, altering, and making
additions to, school buildings.
   (b) Subject to such legislation as the Legislature may, from time
to time, enact, to provide loans and grants to school districts for
assistance in providing necessary housing and equipment for the
education of  physically handicapped minors and mentally
retarded minors as those terms are   individuals who
have exceptional needs, as that term is  defined in 
Chapters 9 and 11 of Division 4   Section 56026  of
the Education Code.
   (c) To pay the expenses that may be incurred in preparing,
advertising, issuing, and selling the bonds, and in administering and
directing the expenditure of the moneys realized from the sale of
such bonds.
   The issuance, signing, countersigning, endorsing, and selling of
the bonds herein provided for, and the interest coupons thereon, the
place and method of payment of principal and interest thereon, the
procedure for initiating, advertising and holding sales thereof, and
the performance by the several state boards and state officers of
their respective duties in connection therewith; and all other
provisions, terms, and conditions relating to the bonds, shall be as
provided by the Legislature.
   The Legislature may appropriate money to be expended in addition
to or in lieu of the money received from the sale of the bonds sold
under the authority of this section. The money so appropriated shall
be expended pursuant to subdivision (a) of this section. If the
Legislature appropriates money in lieu of the money received from the
sale of the bonds, the total amount of bonds required to be sold
pursuant to this section shall be reduced by the amount so
appropriated.
   The Legislature shall pass all laws, general or special, necessary
or convenient to carry into effect the provisions of this section.
Such laws may provide for the allocation of funds to school districts
pursuant to this section by the State  Allocations 
 Allocation  Board or a similar agency and in that event,
notwithstanding any other provision of this Constitution, Members of
the Legislature who are required to meet with such board shall have
equal rights and duties with the nonlegislative members to vote and
act upon matters pending before such board.
   The Legislature shall require each district receiving an
allocation of money from the sale of bonds pursuant to this section
for the purposes prescribed in subdivision (a) of this section to
repay such money to the state on such terms and in such amounts as
may be within the ability of the district to repay.
   The Legislature may require each district receiving an allocation
of money from the sale of bonds pursuant to this section for the
purposes prescribed in subdivision (b) of this section to repay such
money to the state on such terms and in such amounts as the
Legislature deems proper.
   The people of the State of California in adopting this section
hereby declare that it is in the interests of the state and of the
people thereof for the state to aid school districts of the state in
providing necessary school sites and buildings for the pupils of the
public school system, such system being a matter of general concern
inasmuch as the education of the children of the state is an
obligation and function of the state.
  SEC. 24.  Section 16814 of the Government Code is amended to read:
   16814.  Bonds of the State of California shall be prepared,
issued, and sold in the amount of two hundred twenty million dollars
($220,000,000), in such denominations, to be numbered, to bear such
dates, and to bear such rate of interest as shall be determined by
the Legislature.
   The proceeds of such bonds shall be used:
   (a) Subject to such legislation as the Legislature may, from time
to time, enact, to provide loans and grants to school districts of
the state for use in purchasing and improving school sites, the
purchasing of furniture and equipment for schools, and the planning
and constructing, reconstructing, repairing, altering, and making
additions to, school buildings.
   (b) Subject to such legislation as the Legislature may, from time
to time, enact, to provide loans and grants to school districts for
assistance in providing necessary housing and equipment for the
education of  physically handicapped minors and mentally
retarded minors as those terms are   individuals who
have exceptional needs, as that term is  defined in 
Chapters 9 and 11 of Division 4   Section 56026  of
the Education Code.
   (c) To pay the expenses that may be incurred in preparing,
advertising, issuing, and selling the bonds, and in administering and
directing the expenditure of the moneys realized from the sale of
such bonds.
   (d) To repay, as provided by law, any money appropriated from the
Investment Fund at the 1958 First Extraordinary Session for state
school building aid.
   The issuance, signing, countersigning, endorsing, and selling of
the bonds herein provided for, and the interest coupons thereon, the
place and method of payment of principal and interest thereon, the
procedure for initiating, advertising and holding sales thereof, and
the performance by the several state boards and state officers of
their respective duties in connection therewith; and all other
provisions, terms, and conditions relating to the bonds, shall be as
provided by the Legislature.
   The Legislature may appropriate money to be expended in addition
to or in lieu of the money received from the sale of the bonds sold
under the authority of this section. The money so appropriated shall
be expended pursuant to subdivision (a) of this section. If the
Legislature appropriates money in lieu of the money received from the
sale of the bonds, the total amount of bonds required to be sold
pursuant to this section shall be reduced by the amount so
appropriated.
   The Legislature shall pass all laws, general or special, necessary
or convenient to carry into effect the provisions of this section.
Such laws may provide for the allocation of funds to school districts
pursuant to this section by the State  Allocations 
 Allocation  Board or a similar agency and in that event,
notwithstanding any other provision of this Constitution, Members of
the Legislature who are required to meet with such board shall have
equal rights and duties with the nonlegislative members to vote and
act upon matters pending before such board.
   The Legislature shall require each district receiving an
allocation of money from the sale of bonds pursuant to this section
for the purposes prescribed in subdivision (a) of this section to
repay such money to the state on such terms and in such amounts as
may be within the ability of the district to repay.

          The Legislature may require each district receiving an
allocation of money from the sale of bonds pursuant to this section
for the purposes prescribed in subdivision (b) of this section to
repay such money to the state on such terms and in such amounts as
the Legislature deems proper.
   The people of the State of California in adopting this section
hereby declare that it is in the interests of the state and of the
people thereof for the state to aid school districts of the state in
providing necessary school sites and buildings for the pupils of the
public school system, such system being a matter of general concern
inasmuch as the education of the children of the state is an
obligation and function of the state.
  SEC. 25.  Section 16816 of the Government Code is amended to read:
   16816.  Bonds of the State of California shall be prepared,
issued, and sold in the amount of three hundred million dollars
($300,000,000), in such denominations, to be numbered, to bear such
dates, and to bear such rate of interest as shall be determined by
the Legislature.
   The proceeds of such bonds shall be used:
   (a) Subject to such legislation as the Legislature may, from time
to time, enact, to provide loans and grants to school districts of
the state for use in purchasing and improving school sites, the
purchasing of furniture and equipment for schools, and the planning
and constructing, reconstructing, repairing, altering, and making
additions to, school buildings.
   (b) Subject to such legislation as the Legislature may, from time
to time, enact, to provide loans and grants to school districts for
assistance in providing necessary housing and equipment for the
education of  physically handicapped minors and mentally
retarded minors as those terms are   individuals who
have exceptional needs, as that term is  defined in 
Chapters 8 and 9 of Division 6 of   Section 56026 
the Education Code.
   (c) To pay the expenses that may be incurred in preparing,
advertising, issuing, and selling the bonds, and in administering and
directing the expenditure of the moneys realized from the sale of
such bonds.
   (d) To repay, as provided by law, any money appropriated from the
General Fund at the 1960 First Extraordinary Session for state school
building aid.
   The issuance, signing, countersigning, endorsing, and selling of
the bonds herein provided for, and the interest coupons thereon, the
place and method of payment of principal and interest thereon, the
procedure for initiating, advertising and holding sales thereof, and
the performance by the several state boards and state officers of
their respective duties in connection therewith; and all other
provisions, terms, and conditions relating to the bonds, shall be as
provided by the Legislature.
   The Legislature may appropriate money to be expended in addition
to or in lieu of the money received from the sale of the bonds sold
under the authority of this section. The money so appropriated shall
be expended pursuant to subdivision (a) of this section. If the
Legislature appropriates money in lieu of the money received from the
sale of the bonds, the total amount of bonds required to be sold
pursuant to this section shall be reduced by the amount so
appropriated.
   The Legislature shall pass all laws, general or special, necessary
or convenient to carry into effect the provisions of this section.
Such laws may provide for the allocation of funds to school districts
pursuant to this section by the State Allocation Board or a similar
agency. Notwithstanding any other provision of this Constitution,
Members of the Legislature who are required to meet with such board
shall have equal rights and duties with the nonlegislative members to
vote and act upon matters pending before such board concerning this
section or any other section of the Constitution or legislative act
authorizing the allocation of funds to school districts for purposes
the same or substantially the same as those enumerated in this
section.
   The Legislature shall require each district receiving an
allocation of money from the sale of bonds pursuant to this section
for the purposes prescribed in subdivision (a) of this section to
repay such money to the state on such terms and in such amounts as
may be within the ability of the district to repay.
   The Legislature may require each district receiving an allocation
of money from the sale of bonds pursuant to this section for the
purposes prescribed in subdivision (b) of this section to repay such
money to the state on such terms and in such amounts as the
Legislature deems proper.
   The people of the State of California in adopting this section
hereby declare that it is in the interests of the state and of the
people thereof for the state to aid school districts of the state in
providing necessary school sites and buildings for the pupils of the
public school system, such system being a matter of general concern
inasmuch as the education of the children of the state is an
obligation and function of the state.
  SEC. 26.  Section 1275.5 of the Health and Safety Code is amended
to read:
   1275.5.  (a) The regulations relating to the licensing of
hospitals,  heretofore   previously 
adopted by the  State  Department of Public Health pursuant
to Chapter 2 (commencing with Section  1400  
1250  ) of Division 2, and in effect immediately prior to July
1, 1973, shall remain in effect and shall be fully enforceable with
respect to any hospital required to be licensed by this chapter,
unless and until the regulations are readopted, amended, or repealed
by the director.
   (b) The regulations relating to private institutions receiving or
caring for any mentally disordered persons,  mentally
retarded persons   persons with intellectual
disabilities  , and other incompetent persons, 
heretofore   previously  adopted by the  former
 Department of Mental Hygiene pursuant to Chapter 1 (commencing
with Section 7000) of Division 7 of the Welfare and Institutions
Code, and in effect immediately prior to July 1, 1973, shall remain
in effect and shall be fully enforceable with respect to any
facility, establishment, or institution for the reception and care of
mentally disordered persons,  mentally retarded 
persons  with intellectual   disabilities,  and
other incompetent persons, required to be licensed by the provisions
of this chapter unless and until said regulations are readopted,
amended, or repealed by the director.
   (c) All regulations relating to the licensing of psychiatric
health facilities  heretofore   previously 
adopted by the State Department of Health Services, pursuant to
authority now vested in the State Department of Mental Health by
Section  5652.5   4080  of the Welfare and
Institutions Code, and in effect immediately preceding September 20,
1988, shall remain in effect and shall be fully enforceable by the
State Department of Mental Health with respect to any facility or
program required to be licensed as a psychiatric health facility,
unless and until readopted, amended, or repealed by the Director of
Mental Health.
  SEC. 27.  Section 1337.1 of the Health and Safety Code is amended
to read:
   1337.1.  A skilled nursing or intermediate care facility shall
adopt an approved training program that meets standards established
by the state department. The approved training program shall consist
of at least the following:
   (a) An orientation program to be given to newly employed nurse
assistants prior to providing direct patient care in skilled nursing
or intermediate care facilities.
   (b) (1) A precertification training program consisting of at least
60 classroom hours of training on basic nursing skills, patient
safety and rights, the social and psychological problems of patients,
and resident abuse prevention, recognition, and reporting pursuant
to subdivision (e). The 60 classroom hours of training may be
conducted within a skilled nursing or intermediate care facility or
in an educational institution.
   (2) In addition to the 60 classroom hours of training required
under paragraph (1), the precertification training program shall
consist of at least 100 hours of supervised and on-the-job training
clinical practice. The 100 hours may consist of normal employment as
a nurse assistant under the supervision of either the director of
nurse training or a licensed nurse qualified to provide nurse
assistant training who has no other assigned duties while providing
the training.
   (3) At least two hours of the 60 hours of classroom training and
at least four hours of the 100 hours of the supervised clinical
training shall address the special needs of persons with
developmental and mental disorders, including  mental
retardation   intellectual disability  , Alzheimer'
s disease, cerebral palsy, epilepsy, dementia, Parkinson's disease,
and mental illness.
   (4) In a precertification training program subject to this
subdivision, credit shall be given for the training received in an
approved precertification training program adopted by another skilled
nursing or intermediate care facility.
   (5) This subdivision shall not apply to a skilled nursing or
intermediate care facility that demonstrates to the state department
that it employs only nurse assistants with a valid certification.
   (c) Continuing in-service training to assure continuing competency
in existing and new nursing skills.
   (d) Each facility shall consider including training regarding the
characteristics and method of assessment and treatment of acquired
immune deficiency syndrome (AIDS).
   (e) (1) The approved training program shall include, within the 60
hours of classroom training, a minimum of six hours of instruction
on preventing, recognizing, and reporting instances of resident abuse
utilizing those courses developed pursuant to Section 13823.93 of
the Penal Code, and a minimum of one hour of instruction on
preventing, recognizing, and reporting residents' rights violations.
   (2) A minimum of four hours of instruction on preventing,
recognizing, and reporting instances of resident abuse, including
instruction on preventing, recognizing, and reporting residents'
rights violations, shall be included within the total minimum hours
of continuing education or in-service training required and in effect
for certified nursing assistants.
  SEC. 28.  Section 1337.3 of the Health and Safety Code is amended
to read:
   1337.3.  (a)  The  state  department shall
prepare and maintain a list of approved training programs for nurse
assistant certification. The list shall include training programs
conducted by skilled nursing or intermediate care facilities, as well
as local agencies and education programs. In addition, the list
shall include information on whether a training center is currently
training nurse assistants, their competency test pass rates, and the
number of nurse assistants they have trained. Clinical portions of
the training programs may be obtained as on-the-job training,
supervised by a qualified director of staff development or licensed
nurse.
   (b)  It shall be the duty of the  state 
department to inspect a representative sample of training programs.
The  state  department shall protect consumers and
students in any training program against fraud, misrepresentation, or
other practices that may result in improper or excessive payment of
funds paid for training programs. In evaluating a training center's
training program, the  state  department shall
examine each training center's trainees' competency test passage
rate, and require each program to maintain an average 60 percent test
score passage rate to maintain its participation in the program. The
average test score passage rate shall be calculated over a two-year
period. If the  state  department determines that
any training program is not complying with regulations or is not
meeting the competency passage rate requirements, notice thereof in
writing shall be immediately given to the program. If the program has
not been brought into compliance within a reasonable time, the
program may be removed from the approved list and notice thereof in
writing given to it. Programs removed under this article shall be
afforded an opportunity to request reinstatement of program approval
at any time. The  state  department's district
offices shall inspect facility-based centers as part of their annual
survey.
   (c)  Notwithstanding Section 1337.1, the approved training program
shall consist of at least the following:
   (1)  A 16-hour orientation program to be given to newly employed
nurse assistants prior to providing direct patient care, and
consistent with federal training requirements for facilities
participating in the Medicare or  medicaid programs
 Medicaid Programs  .
   (2)  (A)  A certification training program consisting of at least
60 classroom hours of training on basic nursing skills, patient
safety and rights, the social and psychological problems of patients,
and elder abuse recognition and reporting pursuant to subdivision
(e) of Section 1337.1. The 60 classroom hours of training may be
conducted within a skilled nursing facility, an intermediate care
facility, or an educational institution.
   (B)  In addition to the 60 classroom hours of training required
under subparagraph (A), the certification program shall also consist
of 100 hours of supervised and on-the-job training clinical practice.
The 100 hours may consist of normal employment as a nurse assistant
under the supervision of either the director of staff development or
a licensed nurse qualified to provide nurse assistant training who
has no other assigned duties while providing the training.
   (3)  At least two hours of the 60 hours of classroom training and
at least four hours of the 100 hours of the supervised clinical
training shall address the special needs of persons with
developmental and mental disorders, including  mental
retardation   intellectual disability  , Alzheimer'
s disease, cerebral palsy, epilepsy, dementia, Parkinson's disease,
and mental illness.
   (d)  The  state  department, in consultation with
the State Department of Education and other appropriate
organizations, shall develop criteria for approving training
programs, that includes program content for orientation, training,
inservice and the examination for testing knowledge and skills
related to basic patient care services and shall develop a plan that
identifies and encourages career ladder opportunities for certified
nurse assistants. This group shall also recommend, and the department
shall adopt, regulation changes necessary to provide for patient
care when facilities utilize noncertified nurse assistants who are
performing direct patient care. The requirements of this subdivision
shall be established by January 1, 1989.
   (e)  On or before January 1, 2004, the  state 
department, in consultation with the State Department of Education,
the American Red Cross, and other appropriate organizations, shall do
the following:
   (1)  Review the current examination for approved training programs
for certified nurse assistants to ensure the accurate assessment of
whether a nurse assistant has obtained the required knowledge and
skills related to basic patient care services.
   (2)  Develop a plan that identifies and encourages career ladder
opportunities for certified nurse assistants, including the
application of on-the-job post-certification hours to educational
credits.
   (f)  A skilled nursing or intermediate care facility shall
determine the number of specific clinical hours within each module
identified by the state department required to meet the requirements
of subdivision (d), subject to subdivisions (b) and (c). The facility
shall consider the specific hours recommended by the state
department when adopting the certification training program required
by this chapter.
   (g)  This article shall not apply to a program conducted by any
church or denomination for the purpose of training the adherents of
the church or denomination in the care of the sick in accordance with
its religious tenets.
   (h)  The Chancellor of the California Community Colleges shall
provide to the state department a standard process for approval of
college credit. The state department shall make this information
available to all training programs in the state.
  SEC. 29.  Section 13113 of the Health and Safety Code is amended to
read:
   13113.  (a) Except as otherwise provided in this section, no
person, firm, or corporation shall establish, maintain, or operate
any hospital, children's home, children's nursery, or institution,
home or institution for the care of aged or senile persons,
sanitarium or institution for insane or  mentally retarded
 persons  with intellectual disabilities  , or
nursing or convalescent home, wherein more than six guests or
patients are housed or cared for on a 24-hour-per-day basis unless
there is installed and maintained in an operable condition in every
building, or portion thereof where patients or guests are housed, an
automatic sprinkler system approved by the State Fire Marshal.
   (b) This section does not apply to homes or institutions for the
24-hour-per-day care of ambulatory children if all of the following
conditions are satisfied:
   (1) The buildings, or portions thereof in which children are
housed, are not more than two stories in height and are constructed
and maintained in accordance with regulations adopted by the State
Fire Marshal pursuant to Section 13143 and building standards
published in the California Building Standards Code.
   (2) The buildings, or portions thereof housing more than six
children, shall have installed and maintained in an operable
condition therein a fire alarm system of a type approved by the State
Fire Marshal. The system shall be activated by detectors responding
to invisible products of combustion other than heat.
   (3) The buildings or portions thereof do not house mentally ill
 or mentally retarded  children  or children
with intellectual disabilities  .
   (c) This section does not apply to any one-story building or
structure of an institution or home for the care of the aged
providing 24-hour-per-day care if the building or structure is used
or intended to be used for the housing of no more than six ambulatory
aged persons. However, the buildings or institutions shall have
installed and maintained in an operable condition therein a fire
alarm system of a type approved by the State Fire Marshal. The system
shall be activated by detectors responding to products of combustion
other than heat.
   (d) This section does not apply to occupancies, or any alterations
thereto, located in type I construction, as defined by the State
Fire Marshal, under construction or in existence on March 4, 1972.
   (e) "Under construction," as used in this section, means that
actual work shall have been performed on the construction site and
shall not be construed to mean that the hospital, home, nursery,
institution, sanitarium, or any portion thereof, is in the planning
stage.
  SEC. 30.  Section 51312 of the Health and Safety Code is amended to
read:
   51312.  (a) The primary purpose of this chapter is to provide an
additional method of financing special needs housing.
   (b) (1) For purposes of this chapter, "special needs housing"
means any housing, including supportive housing, intended to benefit,
in whole or in part, persons identified as having special needs
relating to any of the following:
   (A) Mental health.
   (B) Physical disabilities.
   (C) Developmental disabilities, including, but not limited to,
 mental retardation   intellectual disability
 , cerebral palsy, epilepsy, and autism.
   (D) The risk of homelessness.
   (2) Special needs housing shall also mean housing intended to meet
the housing needs of persons eligible for mental health services
funded in whole or in part by the Mental Health Services Fund,
created by Section 5890 of the Welfare and Institutions Code.
  SEC. 31.  Section 110403 of the Health and Safety Code is amended
to read:
   110403.  Except as otherwise provided in Section 110405, it is
unlawful for any person to advertise any drug or device represented
to have any effect in any of the following conditions, disorders, or
diseases:
   (a)  Appendicitis.
   (b)  Blood disorders.
   (c)  Bone or joint diseases.
   (d)  Kidney diseases or disorders.
   (e)  Cancer.
   (f)  Carbuncles.
   (g)  Diseases, disorders, or conditions of the eye.
   (h)  Diabetes.
   (i)  Diphtheria.
   (j)  Gallbladder diseases or disorders.
   (k)  Heart and vascular diseases.
   (  l  )  High blood pressure.
   (m)  Diseases or disorders of the ear or auditory apparatus,
including hearing loss and deafness.
   (n)  Measles.
   (o)  Meningitis.
   (p)  Mental disease or  mental retardation  
intellectual disability  .
   (q)  Paralysis.
   (r)  Pneumonia.
   (s)  Poliomyelitis.
   (t)  Prostate gland disorders.
   (u)  Conditions of the scalp, affecting hair loss, or baldness.
   (v)  Alcoholism.
   (w)  Periodontal diseases.
   (x)  Epilepsy.
   (y)  Goiter.
   (z)  Endocrine disorders.
   (aa)  Sexual impotence.
   (ab)  Sinus infections.
   (ac)  Encephalitis.
   (ad)  Tumors.
   (ae)  Venereal diseases.
   (af)  Tuberculosis.
   (ag)  Ulcers of the stomach.
   (ah)  Varicose ulcers.
   (ai)  Scarlet fever.
   (aj)  Typhoid fever.
   (ak)  Whooping cough.
   (a  l  )  Acquired immune deficiency syndrome (AIDS).
   (am)  AIDS-related complex (ARC).
   (an)  Diseases, disorders, or conditions of the immune system.
  SEC. 32.  Section 123935 of the Health and Safety Code is amended
to read:
   123935.  A handicapped child shall not be denied services pursuant
to this article because he or she  is mentally retarded
  has an intellectual disability  .
  SEC. 33.  Section 125000 of the Health and Safety Code is amended
to read:
   125000.  (a)  It is the policy of the State of California to make
every effort to detect, as early as possible, phenylketonuria and
other preventable heritable or congenital disorders leading to
 mental retardation   intellectual disability
 or physical defects.
   The department shall establish a genetic disease unit, that shall
coordinate all programs of the department in the area of genetic
disease. The unit shall promote a statewide program of information,
testing, and counseling services and shall have the responsibility of
designating tests and regulations to be used in executing this
program.
   The information, tests, and counseling for children shall be in
accordance with accepted medical practices and shall be administered
to each child born in California once the department has established
appropriate regulations and testing methods. The information, tests,
and counseling for pregnant women shall be in accordance with
accepted medical practices and shall be offered to each pregnant
woman in California once the department has established appropriate
regulations and testing methods. These regulations shall follow the
standards and principles specified in Section 124980. The department
may provide laboratory testing facilities or contract with any
laboratory that it deems qualified to conduct tests required under
this section. However, notwithstanding  former  Section
125005, provision of laboratory testing facilities by the department
shall be contingent upon the provision of funding therefor by
specific appropriation to the Genetic Disease Testing Fund enacted by
the Legislature. If moneys appropriated for purposes of this section
are not authorized for expenditure to provide laboratory facilities,
the department may nevertheless contract to provide laboratory
testing services pursuant to this section and shall perform
laboratory services, including, but not limited to, quality control,
confirmatory, and emergency testing, necessary to ensure the
objectives of this program.
   (b)  The department shall charge a fee for any tests performed
pursuant to this section. The amount of the fee shall be established
and periodically adjusted by the director in order to meet the costs
of this section.
   (c)  The department shall inform all hospitals or physicians and
surgeons, or both, of required regulations and tests and may alter or
withdraw any of these requirements whenever sound medical practice
so indicates. To the extent practicable, the department shall provide
notice to hospitals and other payers in advance of any increase in
the fees charged for the program.
   (d)  This section shall not apply if a parent or guardian of the
newborn child objects to a test on the ground that the test conflicts
with his or her religious beliefs or practices.
   (e)  The genetic disease unit is authorized to make grants or
contracts or payments to vendors approved by the department for all
of the following:
   (1)  Testing and counseling services.
   (2)  Demonstration projects to determine the desirability and
feasibility of additional tests or new genetic services.
   (3)  To initiate the development of genetic services in areas of
need.
   (4)  To purchase or provide genetic services from any sums as are
appropriated for this purpose.
   (f)  The genetic disease unit shall evaluate and prepare
recommendations on the implementation of tests for the detection of
hereditary and congenital diseases, including, but not limited to,
biotinidase deficiency and cystic fibrosis. The genetic disease unit
shall also evaluate and prepare recommendations on the availability
and effectiveness of preventative followup interventions, including
the use of specialized medically necessary dietary products.
   It is the intent of the Legislature that funds for the support of
the evaluations and recommendations required pursuant to this
subdivision, and for the activities authorized pursuant to
subdivision (e), shall be provided in the annual Budget Act
appropriation from the Genetic Disease Testing Fund.
   (g)  Health care providers that contract with a prepaid group
practice health care service plan that annually has at least 20,000
births among its membership, may provide, without contracting with
the department, any or all of the testing and counseling services
required to be provided under this section or the regulations adopted
pursuant thereto, if the services meet the quality standards and
adhere to the regulations established by the department and the plan
pays that portion of a fee established under this section that is
directly attributable to the department's cost of administering the
testing or counseling service and to any required testing or
counseling services provided by the state for plan members. The
payment by the plan, as provided in this subdivision,
                              shall be deemed to fulfill any
obligation the provider or the provider's patient may have to the
department to pay a fee in connection with the testing or counseling
service.
   (h)  The department may appoint experts in the area of genetic
screening, including, but not limited to, cytogenetics, molecular
biology, prenatal, specimen collection, and ultrasound to provide
expert advice and opinion on the interpretation and enforcement of
regulations adopted pursuant to this section. These experts shall be
designated agents of the state with respect to their assignments.
These experts shall receive no salary, but shall be reimbursed for
expenses associated with the purposes of this section. All expenses
of the experts for the purposes of this section shall be paid from
the Genetic Disease Testing Fund.
  SEC. 34.  Section 127260 of the Health and Safety Code is amended
to read:
   127260.  The Advisory Health Council, upon review of a decision of
the department, shall do one of the following:
   (a) Enter an order affirming the decision of the department
 where   if  it finds as to the respective
basis of review that:
   (1) The application was processed and the hearing conducted was
consistent with this chapter, or that any inconsistency with respect
thereto was immaterial to the decision of the department.
   (2) There is substantial evidence in the record supporting the
department's decision.
   (3) The department has not acted in an arbitrary and capricious
manner.
   (b) Enter an order remanding the decision of the department
 where   if  it finds as to the respective
basis of review that:
   (1) The application was not processed or the hearing conducted was
not consistent with this chapter, and this inconsistency was
material to the decision rendered by the department.
   (2) There is no substantial evidence in the record supporting the
decision.
   (3) The department has acted in an arbitrary or capricious manner.

   (c) Enter an order reversing the decision of the department where
it finds as to the respective basis of review that:
   (1) The application was not processed or the hearing conducted was
not consistent with the provisions of this chapter, and this
inconsistency was material to the decision rendered by the
department.
   (2) There is no substantial evidence in the record supporting the
decision.
   (3) The department has acted in an arbitrary or capricious manner.

   Orders of the council authorized by this section shall be made
only upon the affirmative vote of a majority of the council, with at
least six of the affirmative votes cast by the following members:
   (a) Representative of consumers of services for  the
mentally retarded   persons with intellectual
disabilities  appointed by the Governor.
   (b) Representative of consumers of mental health services
appointed by the Governor.
   (c) Representative of local government appointed by the Governor.
   (d) Representatives of the general consumer public appointed by
the Governor, Senate Committee on Rules, or Speaker of the Assembly.
   (e) Members of the Legislature appointed by the Senate Committee
on Rules or Speaker of the Assembly.
  SEC. 35.  Section 129395 of the Health and Safety Code is amended
to read:
   129395.  "Hospital" includes hospitals for the chronically ill and
impaired, public health centers, community mental health centers,
facilities for  the mentally retarded   persons
with intellectual disabilities  , and general, tuberculosis,
mental and other types of hospitals and related facilities, such as
laboratories, outpatient departments, nurses' home and training
facilities, and central service facilities operated in connection
with hospitals, diagnostic or treatment centers, nursing homes, and
rehabilitation facilities, but except for facilities for  the
mentally retarded   persons with intellectual
disabilities  does not include any institution furnishing
primarily domiciliary care.
  SEC. 36.  Section 10118 of the Insurance Code is amended to read:
   10118.  A policy of disability insurance delivered or issued for
delivery in this state more than 120 days after the effective date of
this section,  which   that  provides that
coverage of a dependent child shall terminate upon attainment of the
limiting age for dependent children specified in the policy or
contract, shall also provide in substance that attainment of 
such   the  limiting age shall not operate to
terminate the coverage of such child while the child is and continues
to be both (a) incapable of self-sustaining employment by reason of
 mental retardation   intellectual disability
 or physical handicap and (b) chiefly dependent upon the insured
for support and maintenance, provided proof of  such
  the  incapacity and dependency is furnished to
the insurer by the insured within 31 days of the child's attainment
of the limiting age and subsequently as may be required by the
insurer, but not more frequently than annually after the two-year
period following the child's attainment of the limiting age.
   Disability policies currently approved by the commissioner which
are delivered or issued for delivery more than 120 days after the
effective date of this section shall be automatically construed to be
in compliance with this section and need not be refiled or
reprinted. Disability policies submitted to the commissioner for
approval on and after the effective date of this section shall
contain provisions in compliance with this section.
  SEC. 37.  Section 10124 of the Insurance Code is amended to read:
   10124.  (a) A self-insured employee welfare benefit plan delivered
or issued for delivery in this state more than 120 days after the
effective date of this section,  which   that
 provides that coverage of a dependent child of an employee
shall terminate upon attainment of the limiting age for dependent
children specified in the policy or contract, shall also provide in
substance that attainment of  such   the 
limiting age shall not operate to terminate the coverage of 
such   the  child while the child is and continues
to be both (a) incapable of self-sustaining employment by reason of
 mental retardation   intellectual disability
 or physical handicap and (b) chiefly dependent upon the
employee for support and maintenance, provided proof of  such
  the  incapacity and dependency is furnished to
the employer or employee organization providing the plan or program
of benefits by the employee within 31 days of the child's attainment
of the limiting age and subsequently as may be required by such
employer or employee organization, but not more frequently than
annually after the two-year period following the child's attainment
of the limiting age.
   (b) As used in this section, "self-insured employee welfare
benefit plan" means any plan or program of benefits provided by an
employer or an employee organization, or both, for the purpose of
providing hospital, medical, surgical, nursing, or dental services,
or indemnification for the costs incurred for such services, to such
employer's employees or their dependents.
  SEC. 38.  Section 10203.4 of the Insurance Code is amended to read:

   10203.4.  (a) Insurance under any group life insurance policy
issued pursuant to Sections 10202, 10202.8, 10203, 10203.1, and
10203.7 may be extended to insure the dependents, or any class or
classes thereof, of each insured employee who so elects, in amounts
in accordance with some plan that precludes individual selection and
that shall not be in excess of 100 percent of the insurance on the
life of the insured employee.
   (b) "Dependent" includes the member's spouse and all children from
birth until 26 years of age, or a child 26 years of age or older who
is both incapable of self-sustaining employment by reason of
 mental retardation   intellectual disability
 or physical handicap and chiefly dependent upon the employee
for support and maintenance if proof of the incapacity and dependency
is furnished to the insurer by the employee within 31 days of the
child's attainment of the limiting age and subsequently as may be
required by the insurer, but not more frequently than annually after
the two-year period following the child's attainment of the limiting
age.
   (c) The premiums for the insurance on the dependents may be paid
by the employer, the employee, or the employer and the employee
jointly.
  SEC. 39.  Section 1001.20 of the Penal Code is amended to read:
   1001.20.  As used in this chapter:
   (a) "Cognitive Developmental Disability" means any of the
following:
   (1)  "Mental retardation," meaning  
"Intellectual disability" means  a condition of significantly
subaverage general intellectual functioning existing concurrently
with deficits in adaptive behavior and manifested during the
developmental period.
   (2)  "Autism," meaning   "Autism"  
means  a diagnosed condition of markedly abnormal or impaired
development in social interaction, in communication, or in both, with
a markedly restricted repertoire of activity and interests.
   (3) Disabling conditions found to be closely related to mental
retardation or autism, or that require treatment similar to that
required for individuals with  mental retardation 
 intellectual disability  or autism, and that would qualify
an individual for services provided under the Lanterman Developmental
Disabilities Services Act.
   (b) "Diversion-related treatment and habilitation" means, but is
not limited to, specialized services or special adaptations of
generic services, directed towards the alleviation of cognitive
developmental disability or towards social, personal, physical, or
economic habilitation or rehabilitation of an individual with a
cognitive developmental disability, and includes, but is not limited
to, diagnosis, evaluation, treatment, personal care, day care,
domiciliary care, special living arrangements, physical,
occupational, and speech therapy, training, education, sheltered
employment, mental health services, recreation, counseling of the
individual with this disability and of his or her family, protective
and other social and socio-legal services, information and referral
services, follow-along services, and transportation services
necessary to assure delivery of services to persons with cognitive
developmental disabilities.
   (c) "Regional center" means a regional center for the
developmentally disabled established under the Lanterman
Developmental Disabilities Services Act that is organized as a
private nonprofit community agency to plan, purchase, and coordinate
the delivery of services which cannot be provided by state agencies
to developmentally disabled persons residing in a particular
geographic catchment area, and which is licensed and funded by the
State Department of Developmental Services.
   (d) "Director of a regional center" means the executive director
of a regional center for the developmentally disabled or his or her
designee.
   (e) "Agency" means the prosecutor, the probation department, and
the regional center involved in a particular defendant's case.
   (f) "Dual agency diversion" means a treatment and habilitation
program developed with court approval by the regional center,
administered jointly by the regional center and by the probation
department, which is individually tailored to the needs of the
defendant as derived from the defendant's individual program plan
pursuant to Section 4646 of the Welfare and Institutions Code, and
which includes, but is not limited to, treatment specifically
addressed to the criminal offense charged, for a specified period of
time as prescribed in Section 1001.28.
   (g) "Single agency diversion" means a treatment and habilitation
program developed with court approval by the regional center,
administered solely by the regional center without involvement by the
probation department, which is individually tailored to the needs of
the defendant as derived from the defendant's individual program
plan pursuant to Section 4646 of the Welfare and Institutions Code,
and which includes, but is not limited to, treatment specifically
addressed to the criminal offense charged, for a specified period of
time as prescribed in Section 1001.28.
  SEC. 40.  Section 1346 of the Penal Code is amended to read:
   1346.  (a) When a defendant has been charged with a violation of
Section 220, 243.4, 261, 261.5, 264.1, 273a, 273d, 285, 286, 288,
288a, 288.5, 289, or 647.6,  where   and 
the victim either is a person 15 years of age or less or is
developmentally disabled as a result of  mental retardation
  intellectual disability  , as specified in
subdivision (a) of Section 4512 of the Welfare and Institutions Code,
the people may apply for an order that the victim's testimony at the
preliminary hearing, in addition to being stenographically recorded,
be recorded and preserved on videotape.
   (b) The application for the order shall be in writing and made
three days prior to the preliminary hearing.
   (c) Upon timely receipt of the application, the magistrate shall
order that the testimony of the victim given at the preliminary
hearing be taken and preserved on videotape. The videotape shall be
transmitted to the clerk of the court in which the action is pending.

   (d) If at the time of trial the court finds that further testimony
would cause the victim emotional trauma so that the victim is
medically unavailable or otherwise unavailable within the meaning of
Section 240 of the Evidence Code, the court may admit the videotape
of the victim's testimony at the preliminary hearing as former
testimony under Section 1291 of the Evidence Code.
   (e) Any videotape which is taken pursuant to this section is
subject to a protective order of the court for the purpose of
protecting the privacy of the victim. This subdivision does not
affect the provisions of subdivision (b) of Section 868.7.
   (f) Any videotape made pursuant to this section shall be made
available to the prosecuting attorney, the defendant, and his or her
attorney for viewing during ordinary business hours. Any videotape
which is made available pursuant to this section is subject to a
protective order of the court for the purpose of protecting the
privacy of the victim.
   (g) The tape shall be destroyed after five years have elapsed from
the date of entry of judgment; provided, however, that if an appeal
is filed, the tape shall not be destroyed until a final judgment on
appeal has been rendered.
  SEC. 41.  Section 1370.1 of the Penal Code is amended to read:
   1370.1.  (a) (1) (A) If the defendant is found mentally competent,
the criminal process shall resume, the trial on the offense charged
shall proceed, and judgment may be pronounced.
   (B) If the defendant is found mentally incompetent and is
developmentally disabled, the trial or judgment shall be suspended
until the defendant becomes mentally competent.
   (i) Except as provided in clause (ii) or (iii), the court shall
consider a recommendation for placement, which recommendation shall
be made to the court by the director of a regional center or
designee. In the meantime, the court shall order that the mentally
incompetent defendant be delivered by the sheriff or other person
designated by the court to a state hospital or developmental center
for the care and treatment of the developmentally disabled or any
other available residential facility approved by the director of a
regional center for the developmentally disabled established under
Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code as will promote the defendant's speedy attainment
of mental competence, or be placed on outpatient status pursuant to
the provisions of Section 1370.4 and Title 15 (commencing with
Section 1600) of Part 2.
   (ii) However, if the action against the defendant who has been
found mentally incompetent is on a complaint charging a felony
offense specified in Section 290, the prosecutor shall determine
whether the defendant previously has been found mentally incompetent
to stand trial pursuant to this chapter on a charge of a Section 290
offense, or whether the defendant is currently the subject of a
pending Section 1368 proceeding arising out of a charge of a Section
290 offense. If either determination is made, the prosecutor shall so
notify the court and defendant in writing. After this notification,
and opportunity for hearing, the court shall order that the defendant
be delivered by the sheriff to a state hospital or other secure
treatment facility for the care and treatment of the developmentally
disabled unless the court makes specific findings on the record that
an alternative placement would provide more appropriate treatment for
the defendant and would not pose a danger to the health and safety
of others.
   (iii) If the action against the defendant who has been found
mentally incompetent is on a complaint charging a felony offense
specified in Section 290 and the defendant has been denied bail
pursuant to subdivision (b) of Section 12 of Article I of the
California Constitution because the court has found, based upon clear
and convincing evidence, a substantial likelihood that the person's
release would result in great bodily harm to others, the court shall
order that the defendant be delivered by the sheriff to a state
hospital for the care and treatment of the developmentally disabled
unless the court makes specific findings on the record that an
alternative placement would provide more appropriate treatment for
the defendant and would not pose a danger to the health and safety of
others.
   (iv) The clerk of the court shall notify the Department of Justice
in writing of any finding of mental incompetence with respect to a
defendant who is subject to clause (ii) or (iii) for inclusion in his
or her state summary criminal history information.
   (C) Upon becoming competent, the court shall order that the
defendant be returned to the committing court pursuant to the
procedures set forth in paragraph (2) of subdivision (a) of Section
1372 or by another person designated by the court. The court shall
further determine conditions under which the person may be absent
from the placement for medical treatment, social visits, and other
similar activities. Required levels of supervision and security for
these activities shall be specified.
   (D) The court shall transmit a copy of its order to the regional
center director or designee and to the Director of Developmental
Services.
   (E) A defendant charged with a violent felony may not be placed in
a facility or delivered to a state hospital, developmental center,
or residential facility pursuant to this subdivision unless the
facility, state hospital, developmental center, or residential
facility has a secured perimeter or a locked and controlled treatment
facility, and the judge determines that the public safety will be
protected.
   (F) For purposes of this paragraph, "violent felony" means an
offense specified in subdivision (c) of Section 667.5.
   (G) A defendant charged with a violent felony may be placed on
outpatient status, as specified in  Section  
Sections  1370.4 or 1600, only if the court finds that the
placement will not pose a danger to the health or safety of others.
   (H) As used in this section, "developmental disability" means a
disability that originates before an individual attains  age
 18  years of age  , continues, or can be expected
to continue, indefinitely and constitutes a substantial handicap for
the individual, and shall not include other handicapping conditions
that are solely physical in nature. As defined by the Director of
Developmental Services, in consultation with the Superintendent of
Public Instruction, this term shall include  mental
retardation   intellectual disability  , cerebral
palsy, epilepsy, and autism. This term shall also include
handicapping conditions found to be closely related to 
mental retardation   intellectual disability  or to
require treatment similar to that required for  mentally
retarded  individuals  with an intellectual disability
 , but shall not include other handicapping conditions that are
solely physical in nature.
   (2) Prior to making the order directing the defendant be confined
in a state hospital, developmental center, or other residential
facility or be placed on outpatient status, the court shall order the
regional center director or designee to evaluate the defendant and
to submit to the court within 15 judicial days of the order a written
recommendation as to whether the defendant should be committed to a
state hospital or developmental center or to any other available
residential facility approved by the regional center director. No
person shall be admitted to a state hospital, developmental center,
or other residential facility or accepted for outpatient status under
Section 1370.4 without having been evaluated by the regional center
director or designee.
   (3) When the court orders that the defendant be confined in a
state hospital or other secure treatment facility pursuant to clause
(ii) or (iii) of subparagraph (B) of paragraph (1), the court shall
provide copies of the following documents which shall be taken with
the defendant to the state hospital or other secure treatment
facility where the defendant is to be confined:
   (A) State summary criminal history information.
   (B) Any arrest reports prepared by the police department or other
law enforcement agency.
   (C) Records of  any   a  finding of
mental incompetence pursuant to this chapter arising out of a
complaint charging a felony offense specified in Section 290 or
 any   a  pending Section 1368 proceeding
arising out of a charge of a Section 290 offense.
   (4) When the defendant is committed to a residential facility
pursuant to clause (i) of subparagraph (B) of paragraph (1) or the
court makes the findings specified in clause (ii) or (iii) of
subparagraph (B) of paragraph (1) to assign the defendant to a
facility other than a state hospital or other secure treatment
facility, the court shall order that notice be given to the
appropriate law enforcement agency or agencies having local
jurisdiction at the site of the placement facility of  any
  a  finding of mental incompetence pursuant to
this chapter arising out of a charge of a Section 290 offense.
   (5) (A) If the defendant is committed or transferred to a state
hospital or developmental center pursuant to this section, the court
may, upon receiving the written recommendation of the executive
director of the state hospital or developmental center and the
regional center director that the defendant be transferred to a
residential facility approved by the regional center director, order
the defendant transferred to that facility. If the defendant is
committed or transferred to a residential facility approved by the
regional center director, the court may, upon receiving the written
recommendation of the regional center director, transfer the
defendant to a state hospital or developmental center or to another
residential facility approved by the regional center director.
   In the event of dismissal of the criminal charges before the
defendant recovers competence, the person shall be subject to the
applicable provisions of the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code) or to commitment or detention pursuant to a
petition filed pursuant to Section 6502 of the Welfare and
Institutions Code.
   The defendant or prosecuting attorney may contest either kind of
order of transfer by filing a petition with the court for a hearing,
which shall be held if the court determines that sufficient grounds
exist. At the hearing  ,  the prosecuting attorney or the
defendant may present evidence bearing on the order of transfer. The
court shall use the same standards as used in conducting probation
revocation hearings pursuant to Section 1203.2.
   Prior to making an order for transfer under this section, the
court shall notify the defendant, the attorney of record for the
defendant, the prosecuting attorney, and the regional center director
or designee.
   (B) If the defendant is committed to a state hospital or secure
treatment facility pursuant to clause (ii) or (iii) of subparagraph
(B) of paragraph (1) and is subsequently transferred to  any
other   another  facility, copies of the documents
specified in paragraph (3) shall be taken with the defendant to the
new facility. The transferring facility shall also notify the
appropriate law enforcement agency or agencies having local
jurisdiction at the site of the new facility that the defendant is a
person subject to clause (ii) or (iii) of subparagraph (B) of
paragraph (1).
   (b) (1) Within 90 days of admission of a person committed pursuant
to subdivision (a), the executive director or designee of the state
hospital, developmental center, or other facility to which the
defendant is committed  ,  or the outpatient supervisor
where the defendant is placed on outpatient status  ,  shall
make a written report to the committing court and the regional
center director or a designee concerning the defendant's progress
toward becoming mentally competent. If the defendant has not become
mentally competent, but the report discloses a substantial likelihood
the defendant will become mentally competent within the next 90
days, the court may order that the defendant shall remain in the
state hospital, developmental center, or other facility or on
outpatient status for that period of time. Within 150 days of an
admission made pursuant to subdivision (a) or if the defendant
becomes mentally competent, the executive director or designee of the
hospital or developmental center or person in charge of the facility
or the outpatient supervisor shall report to the court and the
regional center director or his or her designee regarding the
defendant's progress toward becoming mentally competent. The court
shall provide to the prosecutor and defense counsel copies of all
reports under this section. If the report indicates that there is no
substantial likelihood that the defendant has become mentally
competent, the committing court shall order the defendant to be
returned to the court for proceedings pursuant to paragraph (2) of
subdivision (c). The court shall transmit a copy of its order to the
regional center director or designee and to the executive director of
the developmental center.
   (2)  Any   A  defendant who has been
committed or has been on outpatient status for 18 months, and is
still hospitalized or on outpatient status shall be returned to the
committing court where a hearing shall be held pursuant to the
procedures set forth in Section 1369. The court shall transmit a copy
                                                of its order to the
regional center director or designee and the executive director of
the developmental center.
   (3) If it is determined by the court that no treatment for the
defendant's mental impairment is being conducted, the defendant shall
be returned to the committing court. A copy of this order shall be
sent to the regional center director or designee and to the executive
director of the developmental center.
   (4) At each review by the court specified in this subdivision, the
court shall determine if the security level of housing and treatment
is appropriate and may make an order in accordance with its
determination.
   (c) (1) (A) At the end of three years from the date of commitment
or a period of commitment equal to the maximum term of imprisonment
provided by law for the most serious offense charged in the
information, indictment, or misdemeanor complaint, whichever is
shorter, any defendant who has not become mentally competent shall be
returned to the committing court.
   (B) The court shall notify the regional center director or
designee and the executive director of the developmental center of
that return and of any resulting court orders.
   (2) In the event of dismissal of the criminal charges before the
defendant becomes mentally competent, the defendant shall be subject
to the applicable provisions of the Lanterman-Petris-Short Act (Part
1 (commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code), or to commitment and detention pursuant to a
petition filed pursuant to Section 6502 of the Welfare and
Institutions Code. If it is found that the person is not subject to
commitment or detention pursuant to the applicable provision of the
Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of
Division 5 of the Welfare and Institutions Code) or to commitment or
detention pursuant to a petition filed pursuant to Section 6502 of
the Welfare and Institutions Code, the individual shall not be
subject to further confinement pursuant to this article and the
criminal action remains subject to dismissal pursuant to Section
1385. The court shall notify the regional center director and the
executive director of the developmental center of any dismissal.
   (d) Notwithstanding any other provision of this section, the
criminal action remains subject to dismissal pursuant to Section
1385. If at any time prior to the maximum period of time allowed for
proceedings under this article, the regional center director
concludes that the behavior of the defendant related to the defendant'
s criminal offense has been eliminated during time spent in
court-ordered programs, the court may, upon recommendation of the
regional center director, dismiss the criminal charges. The court
shall transmit a copy of any order of dismissal to the regional
center director and to the executive director of the developmental
center.
   (e) For the purpose of this section, "secure treatment facility"
shall not include, except for state mental hospitals, state
developmental centers, and correctional treatment facilities, any
facility licensed pursuant to Chapter 2 (commencing with Section
1250) of, Chapter 3 (commencing with Section 1500) of, or Chapter 3.2
(commencing with Section 1569) of, Division 2 of the Health and
Safety Code, or any community board and care facility.
  SEC. 42.  Section 1376 of the Penal Code is amended to read:
   1376.  (a) As used in this section,  "mentally retarded"
  "intellectually disability"  means the condition
of significantly subaverage general intellectual functioning existing
concurrently with deficits in adaptive behavior and manifested
before  the age of  18  years of age  .
   (b) (1) In any case in which the prosecution seeks the death
penalty, the defendant may, at a reasonable time prior to the
commencement of trial, apply for an order directing that a 
mental retardation  hearing  to determine intellectual
disability  be conducted. Upon the submission of a declaration
by a qualified expert stating his or her opinion that the defendant
 is mentally retarded   has an intellectual
disability  , the court shall order a hearing to determine
whether the defendant  is mentally retarded  
has an intellectual disability  . At the request of the
defendant, the court shall conduct the hearing without a jury prior
to the commencement of the trial. The defendant's request for a court
hearing prior to trial shall constitute a waiver of a jury hearing
on the issue of  mental retardation  
intellectual disability  . If the defendant does not request a
court hearing, the court shall order a jury hearing to determine if
the defendant  is mentally retarded   has an
intellectual disability  . The jury hearing on  mental
retardation   intellectual disability  shall occur
at the conclusion of the phase of the trial in which the jury has
found the defendant guilty with a finding that one or more of the
special circumstances enumerated in Section 190.2 are true. Except as
provided in paragraph (3), the same jury shall make a finding that
the defendant  is mentally retarded   has an
intellectual disability  , or that the defendant  is
  does  not  mentally retarded 
 have an intellectual disability  .
   (2) For the purposes of the procedures set forth in this section,
the court or jury shall decide only the question of the defendant's
 mental retardation   intellectual disability
 . The defendant shall present evidence in support of the claim
that he or she  is mentally retarded   has an
intellectual disability  . The prosecution shall present its
case regarding the issue of whether the defendant  is
mentally retarded   has an intellectual disability 
. Each party may offer rebuttal evidence. The court, for good cause
in furtherance of justice, may permit either party to reopen its case
to present evidence in support of or opposition to the claim of
 retardation   intellectual disability  .
Nothing in this section shall prohibit the court from making orders
reasonably necessary to ensure the production of evidence sufficient
to determine whether or not the defendant  is mentally
retarded   has an intellectual disability  ,
including, but not limited to, the appointment of, and examination of
the defendant by, qualified experts. No statement made by the
defendant during an examination ordered by the court shall be
admissible in the trial on the defendant's guilt.
   (3) At the close of evidence, the prosecution shall make its final
argument, and the defendant shall conclude with his or her final
argument. The burden of proof shall be on the defense to prove by a
preponderance of the evidence that the defendant  is mentally
retarded   has an intellectual disability  . The
jury shall return a verdict that either the defendant  is
mentally retarded   has an intellectual disability 
or the defendant  is   does  not 
mentally retarded   have an intellectual disability
 . The verdict of the jury shall be unanimous. In any case in
which the jury has been unable to reach a unanimous verdict that the
defendant  is mentally retarded   has an
intellectual disability  , and does not reach a unanimous
verdict that the defendant  is   does  not
 mentally retarded   have an intellectual
disability  , the court shall dismiss the jury and order a new
jury impaneled to try the issue of  mental retardation
  intelle   ctual disability  . The issue
of guilt shall not be tried by the new jury.
   (c) In the event the hearing is conducted before the court prior
to the commencement of the trial, the following shall apply:
   (1) If the court finds that the defendant  is mentally
retarded   has an intellectual disability  , the
court shall preclude the death penalty and the criminal trial
thereafter shall proceed as in any other case in which a sentence of
death is not sought by the prosecution. If the defendant is found
guilty of murder in the first degree, with a finding that one or more
of the special circumstances enumerated in Section 190.2 are true,
the court shall sentence the defendant to confinement in the state
prison for life without the possibility of parole. The jury shall not
be informed of the prior proceedings or the findings concerning the
defendant's claim of  mental retardation  
intellectual disability  .
   (2) If the court finds that the defendant  is 
 does  not  mentally retarded   have an
intellectual disability  , the trial court shall proceed as in
any other case in which a sentence of death is sought by the
prosecution. The jury shall not be informed of the prior proceedings
or the findings concerning the defendant's claim of  mental
retardation   intellectual disability  .
   (d) In the event the hearing is conducted before the jury after
the defendant is found guilty with a finding that one or more of the
special circumstances enumerated in Section 190.2 are true, the
following shall apply:
   (1) If the jury finds that the defendant  is mentally
retarded   has an intellectual disability  , the
court shall preclude the death penalty and shall sentence the
defendant to confinement in the state prison for life without the
possibility of parole.
   (2) If the jury finds that the defendant  is 
 does  not  mentally retarded   have an
intellectual disability  , the trial shall proceed as in any
other case in which a sentence of death is sought by the prosecution.

   (e) In any case in which the defendant has not requested a court
hearing as provided in subdivision (b), and has entered a plea of not
guilty by reason of insanity under Sections 190.4 and 1026, the
hearing on  mental retardation   intellectual
disability  shall occur at the conclusion of the sanity trial if
the defendant is found sane.
  SEC. 43.  Section 2962 of the Penal Code is amended to read:
   2962.  As a condition of parole, a prisoner who meets the
following criteria shall be required to be treated by the State
Department of Mental Health, and the State Department of Mental
Health shall provide the necessary treatment:
   (a) (1) The prisoner has a severe mental disorder that is not in
remission or cannot be kept in remission without treatment.
   (2) The term "severe mental disorder" means an illness or disease
or condition that substantially impairs the person's thought,
perception of reality, emotional process, or judgment; or which
grossly impairs behavior; or that demonstrates evidence of an acute
brain syndrome for which prompt remission, in the absence of
treatment, is unlikely. The term "severe mental disorder" as used in
this section does not include a personality or adjustment disorder,
epilepsy,  mental retardation   intellectual
disability  or other developmental disabilities, or addiction to
or abuse of intoxicating substances.
   (3) The term "remission" means a finding that the overt signs and
symptoms of the severe mental disorder are controlled either by
psychotropic medication or psychosocial support. A person "cannot be
kept in remission without treatment" if during the year prior to the
question being before the Board of Prison Terms or a trial court, he
or she has been in remission and he or she has been physically
violent, except in self-defense, or he or she has made a serious
threat of substantial physical harm upon the person of another so as
to cause the target of the threat to reasonably fear for his or her
safety or the safety of his or her immediate family, or he or she has
intentionally caused property damage, or he or she has not
voluntarily followed the treatment plan. In determining if a person
has voluntarily followed the treatment plan, the standard shall be
whether the person has acted as a reasonable person would in
following the treatment plan.
   (b) The severe mental disorder was one of the causes of or was an
aggravating factor in the commission of a crime for which the
prisoner was sentenced to prison.
   (c) The prisoner has been in treatment for the severe mental
disorder for 90 days or more within the year prior to the prisoner's
parole or release.
   (d) (1) Prior to release on parole, the person in charge of
treating the prisoner and a practicing psychiatrist or psychologist
from the State Department of Mental Health have evaluated the
prisoner at a facility of the Department of Corrections and
Rehabilitation, and a chief psychiatrist of the Department of
Corrections and Rehabilitation has certified to the Board of Parole
Hearings that the prisoner has a severe mental disorder, that the
disorder is not in remission, or cannot be kept in remission without
treatment, that the severe mental disorder was one of the causes or
was an aggravating factor in the prisoner's criminal behavior, that
the prisoner has been in treatment for the severe mental disorder for
90 days or more within the year prior to his or her parole release
day, and that by reason of his or her severe mental disorder the
prisoner represents a substantial danger of physical harm to others.
For prisoners being treated by the State Department of Mental Health
pursuant to Section 2684, the certification shall be by a chief
psychiatrist of the Department of Corrections and Rehabilitation, and
the evaluation shall be done at a state hospital by the person at
the state hospital in charge of treating the prisoner and a
practicing psychiatrist or psychologist from the Department of
Corrections and Rehabilitation.
   (2) If the professionals doing the evaluation pursuant to
paragraph (1) do not concur that (A) the prisoner has a severe mental
disorder, (B) that the disorder is not in remission or cannot be
kept in remission without treatment, or (C) that the severe mental
disorder was a cause of, or aggravated, the prisoner's criminal
behavior, and a chief psychiatrist has certified the prisoner to the
Board of Parole Hearings pursuant to this paragraph, then the Board
of Parole Hearings shall order a further examination by two
independent professionals, as provided for in Section 2978.
   (3) If at least one of the independent professionals who evaluate
the prisoner pursuant to paragraph (2) concurs with the chief
psychiatrist's certification of the issues described in paragraph
(2), this subdivision shall be applicable to the prisoner. The
professionals appointed pursuant to Section 2978 shall inform the
prisoner that the purpose of their examination is not treatment but
to determine if the prisoner meets certain criteria to be
involuntarily treated as a mentally disordered offender. It is not
required that the prisoner appreciate or understand that information.

   (e) The crime referred to in subdivision (b) meets both of the
following criteria:
   (1) The defendant received a determinate sentence pursuant to
Section 1170 for the crime.
   (2) The crime is one of the following:
   (A) Voluntary manslaughter.
   (B) Mayhem.
   (C) Kidnapping in violation of Section 207.
   (D) Any robbery wherein it was charged and proved that the
defendant personally used a deadly or dangerous weapon, as provided
in subdivision (b) of Section 12022, in the commission of that
robbery.
   (E) Carjacking, as defined in subdivision (a) of Section 215, if
it is charged and proved that the defendant personally used a deadly
or dangerous weapon, as provided in subdivision (b) of Section 12022,
in the commission of the carjacking.
   (F) Rape, as defined in paragraph (2) or (6) of subdivision (a) of
Section 261 or paragraph (1) or (4) of subdivision (a) of Section
262.
   (G) Sodomy by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person.

   (H) Oral copulation by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another
person.
   (I) Lewd acts on a child under  the age of  14
years  of age  in violation of Section 288.
   (J) Continuous sexual abuse in violation of Section 288.5.
   (K) The offense described in subdivision (a) of Section 289
 where   if  the act was accomplished
against the victim's will by force, violence, duress, menace, or fear
of immediate and unlawful bodily injury on the victim or another
person.
   (L) Arson in violation of subdivision (a) of Section 451, or arson
in violation of any other provision of Section 451 or in violation
of Section 455  where   if  the act posed a
substantial danger of physical harm to others.
   (M) Any felony in which the defendant used a firearm which use was
charged and proved as provided in Section 12022.5, 12022.53, or
12022.55.
   (N) A violation of Section 18745.
   (O) Attempted murder.
   (P) A crime not enumerated in subparagraphs (A) to (O), inclusive,
in which the prisoner used force or violence, or caused serious
bodily injury as defined in paragraph (4) of subdivision (f) of
Section 243.
   (Q) A crime in which the perpetrator expressly or impliedly
threatened another with the use of force or violence likely to
produce substantial physical harm in such a manner that a reasonable
person would believe and expect that the force or violence would be
used. For purposes of this subparagraph, substantial physical harm
shall not require proof that the threatened act was likely to cause
great or serious bodily injury.
   (f) As used in this chapter, "substantial danger of physical harm"
does not require proof of a recent overt act.
  SEC. 44.  Section 1420 of the Probate Code is amended to read:
   1420.  "Developmental disability" means a disability 
which   that  originates before an individual
attains  age  18  years of age  ,
continues, or can be expected to continue, indefinitely, and
constitutes a substantial handicap for  such  
the  individual. As defined by the Director of Developmental
Services, in consultation with the Superintendent of Public
Instruction, this term includes  mental retardation 
 intellectual disability  , cerebral palsy, epilepsy, and
autism. This term also includes handicapping conditions found to be
closely related to  mental retardation  
intellectual disability  or to require treatment similar to that
required for  mentally retarded  individuals 
with an intellectual disability  , but does not include other
handicapping conditions that are solely physical in nature.
  SEC. 45.  Section 25276 of the Vehicle Code is amended to read:
   25276.  (a) A motor vehicle designed for carrying more than eight
persons, including the driver, owned by a private, nonprofit
organization that provides training or other activities for persons
who  are mentally retarded or physically disabled 
 have intellectual or physical disabilities  , or both, and
that is certified by the Department of Rehabilitation or licensed by
the State Department of  Health   Developmental
Services  , with respect to the providing of this training or
other activities, may be equipped with a flashing amber light signal
system.
   (b) A motor vehicle, described in subdivision (a), may, while
actually engaged in the transportation of persons described in
subdivision (a) to or from a training or activity center operated by
the organization, display the flashing amber lights of the system
when necessarily parked upon a highway and in the process of loading
or unloading persons.
   (c) Subdivisions (a) and (b) apply to a motor vehicle that is
rented, leased, or chartered by the organization.
  SEC. 46.  Section 4417 of the Welfare and Institutions Code is
amended to read:
   4417.  The State Department of Developmental Services may:
   (a) Disseminate educational information relating to the
prevention, diagnosis and treatment of  mental retardation
  intellectual disability  .
   (b) Upon request, advise all public officers, organizations and
agencies interested in the developmental disabilities of the people
of the state.
   (c) Conduct such educational and related work as will tend to
encourage the development of proper developmental disabilities
facilities throughout the state.
   The department may organize, establish and maintain community
mental hygiene clinics for the prevention, early diagnosis and
treatment of  mental retardation   intellectual
disability  . Such clinics may be maintained only for persons
not requiring institutional care, who voluntarily seek the aid of
such clinics. Such clinics may be maintained at the locations in the
communities of the state designated by the director, or at any
institution under the jurisdiction of the department designated by
the director.
   The department may establish such rules and regulations as are
necessary to carry out the provisions of this section. This section
does not authorize any form of compulsory medical or physical
examination, treatment, or control of any person.
  SEC. 47.  Section 4426 of the Welfare and Institutions Code is
amended to read:
   4426.  The department may inquire into the manner in which
 any mentally retarded   a  person 
with an intellectual disability who is  subject to commitment,
not confined in a state hospital, is cared for and maintained. If, in
its judgment,  any such   the  person is
not properly and suitably cared for,  it   the
department  may apply to a judge of the superior court for an
order to commit him  or her  to a state hospital under the
provisions of this code.  Such   This 
order shall not be made unless the judge finds, and certifies in the
order, that  such   the  person is not
properly or suitably cared for by his  or her  relatives
 or   ,   legal  guardian  ,
 or conservator, or that it is dangerous to the public to allow
him  or her  to be cared for and maintained by  such
  the  relatives  or   ,
legal  guardian  ,  or conservator.
  SEC. 48.  Section 4512 of the Welfare and Institutions Code is
amended to read:
   4512.  As used in this division:
   (a) "Developmental disability" means a disability that originates
before an individual attains  age  18 years  of
age  , continues, or can be expected to continue, indefinitely,
and constitutes a substantial disability for that individual. As
defined by the Director of Developmental Services, in consultation
with the Superintendent of Public Instruction, this term shall
include  mental retardation   intellectual 
 disability  , cerebral palsy, epilepsy, and autism. This
term shall also include disabling conditions found to be closely
related to  mental retardation   intellectual
disability  or to require treatment similar to that required for
individuals with  mental retardation  
intellectual disability  , but shall not include other
handicapping conditions that are solely physical in nature.
   (b) "Services and supports for persons with developmental
disabilities" means specialized services and supports or special
adaptations of generic services and supports directed toward the
alleviation of a developmental disability or toward the social,
personal, physical, or economic habilitation or rehabilitation of an
individual with a developmental disability, or toward the achievement
and maintenance of independent, productive, normal lives. The
determination of which services and supports are necessary for each
consumer shall be made through the individual program plan process.
The determination shall be made on the basis of the needs and
preferences of the consumer or, when appropriate, the consumer's
family, and shall include consideration of a range of service options
proposed by individual program plan participants, the effectiveness
of each option in meeting the goals stated in the individual program
plan, and the cost-effectiveness of each option. Services and
supports listed in the individual program plan may include, but are
not limited to, diagnosis, evaluation, treatment, personal care, day
care, domiciliary care, special living arrangements, physical,
occupational, and speech therapy, training, education, supported and
sheltered employment, mental health services, recreation, counseling
of the individual with a developmental disability and of his or her
family, protective and other social and sociolegal services,
information and referral services, follow-along services, adaptive
equipment and supplies, advocacy assistance, including self-advocacy
training, facilitation and peer advocates, assessment, assistance in
locating a home, child care, behavior training and behavior
modification programs, camping, community integration services,
community support, daily living skills training, emergency and crisis
intervention, facilitating circles of support, habilitation,
homemaker services, infant stimulation programs, paid roommates, paid
neighbors, respite, short-term out-of-home care, social skills
training, specialized medical and dental care, supported living
arrangements, technical and financial assistance, travel training,
training for parents of children with developmental disabilities,
training for parents with developmental disabilities, vouchers, and
transportation services necessary to ensure delivery of services to
persons with developmental disabilities. Nothing in this subdivision
is intended to expand or authorize a new or different service or
support for any consumer unless that service or support is contained
in his or her individual program plan.
   (c) Notwithstanding subdivisions (a) and (b), for any organization
or agency receiving federal financial participation under the
federal Developmental Disabilities Assistance and Bill of Rights Act,
as amended "developmental disability" and "services for persons with
developmental disabilities" means the terms as defined in the
federal act to the extent required by federal law.
   (d) "Consumer" means a person who has a disability that meets the
definition of developmental disability set forth in subdivision (a).
   (e) "Natural supports" means personal associations and
relationships typically developed in the community that enhance the
quality and security of life for people, including, but not limited
to, family relationships, friendships reflecting the diversity of the
neighborhood and the community, associations with fellow students or
employees in regular classrooms and workplaces, and associations
developed through participation in clubs, organizations, and other
civic activities.
   (f) "Circle of support" means a committed group of community
members, who may include family members, meeting regularly with an
individual with developmental disabilities in order to share
experiences, promote autonomy and community involvement, and assist
the individual in establishing and maintaining natural supports. A
circle of support generally includes a plurality of members who
neither provide nor receive services or supports for persons with
developmental disabilities and who do not receive payment for
                                          participation in the circle
of support.
   (g) "Facilitation" means the use of modified or adapted materials,
special instructions, equipment, or personal assistance by an
individual, such as assistance with communications, that will enable
a consumer to understand and participate to the maximum extent
possible in the decisions and choices that effect his or her life.
   (h) "Family support services" means services and supports that are
provided to a child with developmental disabilities or his or her
family and that contribute to the ability of the family to reside
together.
   (i) "Voucher" means any authorized alternative form of service
delivery in which the consumer or family member is provided with a
payment, coupon, chit, or other form of authorization that enables
the consumer or family member to choose his or her own service
provider.
   (j) "Planning team" means the individual with developmental
disabilities, the parents or legally appointed guardian of a minor
consumer or the legally appointed conservator of an adult consumer,
the authorized representative, including those appointed pursuant to
subdivision (d) of Section 4548 and subdivision (e) of Section 4705,
one or more regional center representatives, including the designated
regional center service coordinator pursuant to subdivision (b) of
Section 4640.7, any individual, including a service provider, invited
by the consumer, the parents or legally appointed guardian of a
minor consumer or the legally appointed conservator of an adult
consumer, or the authorized representative, including those appointed
pursuant to subdivision (d) of Section 4548 and subdivision (e) of
Section 4705, and including a minor's, dependent's, or ward's
court-appointed developmental services decisionmaker appointed
pursuant to Section 319, 361, or 726.
   (k) "Stakeholder organizations" means statewide organizations
representing the interests of consumers, family members, service
providers, and statewide advocacy organizations.
   (l) "Substantial disability" means the existence of significant
functional limitations in three or more of the following areas of
major life activity, as determined by a regional center, and as
appropriate to the age of the person:
   (1) Self-care.
   (2) Receptive and expressive language.
   (3) Learning.
   (4) Mobility.
   (5) Self-direction.
   (6) Capacity for independent living.
   (7) Economic self-sufficiency.
   Any reassessment of substantial disability for purposes of
continuing eligibility shall utilize the same criteria under which
the individual was originally made eligible.
  SEC. 49.  Section 4801 of the Welfare and Institutions Code is
amended to read:
   4801.  (a) Judicial review shall be in the superior court for the
county in which the state hospital, developmental center, community
care facility, or health facility is located, except that, if the
adult has been found incompetent to stand trial and has been
committed pursuant to Chapter 6 (commencing with Section 1367) of
Title 10 of Part 2 of the Penal Code, judicial review shall be in the
superior court of the county that determined the question of the
mental competence of the defendant. The adult requesting to be
released shall be informed of his or her right to counsel by a member
of the staff of the state hospital, developmental center, community
care facility, or health facility and by the court; and if he or she
does not have an attorney for the proceedings, the court shall
immediately appoint the public defender or other attorney to assist
him or her in the preparation of a petition for the writ of habeas
corpus and to represent him or her in the proceedings. The person
shall pay the costs of those legal services if he or she is able.
   (b) At the time the petition for the writ of habeas corpus is
filed with the court, the clerk of the court shall transmit a copy of
the petition, together with notification as to the time and place of
any evidentiary hearing in the matter, to the parent or conservator
of the person seeking release or for whom release is sought and to
the director of the appropriate regional center. Notice shall also be
provided to the director of the appropriate developmental center if
the person seeking release or for whom release is sought resides in a
developmental center. The notice shall be sent by registered or
certified mail with proper postage prepaid, addressed to the
addressee's last known address, and with a return receipt requested.
   (c) The court shall either release the adult or order an
evidentiary hearing to be held not sooner than five judicial days nor
more than 10 judicial days after the petition and notice to the
adult's parent or conservator and to the director of the appropriate
regional center and developmental center are deposited in the United
States mail pursuant to this section.
   (1) Except as provided in paragraph (2), if the court finds (A)
that the adult requesting release or for whom release is requested is
not developmentally disabled, or (B) that he or she is
developmentally disabled and that he or she is able to provide safely
for his or her basic personal needs for food, shelter, and clothing,
he or she shall be released within 72 hours. If the court finds that
he or she is developmentally disabled and that he or she is unable
to provide safely for his or her basic personal needs for food,
shelter, or clothing, but that a responsible person or a regional
center or other public or private agency is willing and able to
provide therefor, the court shall release the developmentally
disabled adult to the responsible person or regional center or other
public or private agency, as the case may be, subject to any
conditions that the court deems proper for the welfare of the
developmentally disabled adult and that are consistent with the
purposes of this division.
   (2) If the person is charged with a violent felony and has been
committed to his or her current placement pursuant to Section 1370.1
of the Penal Code or Section 6500, and the court finds (A) that the
adult requesting release or for whom release is requested  is
  does  not  developmentally disabled or
mentally retarded   have a developmental disability or
an intellectual disability  , or (B) that he or she is able to
provide safely for his or her basic personal needs for food, shelter,
and clothing, the court shall, before releasing the person,
determine that the release will not pose a danger to the health or
safety of others due to the person's known behavior. If the court
finds there is no danger pursuant to the finding required by
subparagraph (D) of paragraph (1) of subdivision (a) of Section
1370.1 of the Penal Code, the person shall be released within 72
hours. If the person's release poses a danger to the health or safety
of others, the court may grant or deny the request, taking into
account the danger to the health or safety of others posed by the
person. If the court finds that release of the person can be made
subject to conditions that the court deems proper for the
preservation of public health and safety and the welfare of the
person, the person shall be released subject to those conditions.
   (d) If in any proceeding under this section, the court finds that
the adult is developmentally disabled and has no parent or
conservator, and is in need of a conservator, the court shall order
the appropriate regional center or the state department to initiate,
or cause to be initiated, proceedings for the appointment of a
conservator for the developmentally disabled adult.
   (e) This section shall become operative January 1, 1988.
  SEC. 50.  Section 5002 of the Welfare and Institutions Code is
amended to read:
   5002.  Mentally disordered persons and persons impaired by chronic
alcoholism may no longer be judicially committed.
   Mentally disordered persons shall receive services pursuant to
this part. Persons impaired by chronic alcoholism may receive
services pursuant to this part if they elect to do so pursuant to
Article 3 (commencing with Section 5225) of Chapter 2  of
this part  .
   Epileptics may no longer be judicially committed.
   This part shall not be construed to repeal or modify laws relating
to the commitment of mentally disordered sex offenders, 
mentally retarded  persons  with an intellectual
disability , and mentally disordered criminal offenders, except
as specifically provided in Penal Code Section 4011.6, or as
specifically provided in other statutes.
  SEC. 51.  Section 5008 of the Welfare and Institutions Code is
amended to read:
   5008.  Unless the context otherwise requires, the following
definitions shall govern the construction of this part:
   (a) "Evaluation" consists of multidisciplinary professional
analyses of a person's medical, psychological, educational, social,
financial, and legal conditions  as   that 
may appear to constitute a problem.  Persons  
A person  providing evaluation services shall be  a 
properly qualified  professionals   professional
 and may be  a  full-time employees 
 employee  of an agency providing evaluation services
 or   ,  may be  a  part-time
 employees   employee,  or may be employed
on a contractual basis.
   (b) "Court-ordered evaluation" means an evaluation ordered by a
superior court pursuant to Article 2 (commencing with Section 5200)
or by a court pursuant to Article 3 (commencing with Section 5225) of
Chapter 2.
   (c) "Intensive treatment" consists of  such 
hospital and other services  as   that  may
be indicated. Intensive treatment shall be provided by properly
qualified professionals and carried out in facilities qualifying for
reimbursement under the California Medical Assistance Program
(Medi-Cal) set forth in Chapter 7 (commencing with Section 14000) of
Part 3 of Division 9, or under Title XVIII of the federal Social
Security Act and regulations thereunder. Intensive treatment may be
provided in hospitals of the United States government by properly
qualified professionals. Nothing in this part shall be construed to
prohibit an intensive treatment facility from also providing 72-hour
treatment and evaluation.
   (d) "Referral" is referral of persons by each agency or facility
providing intensive treatment or evaluation services to other
agencies or individuals. The purpose of referral shall be to provide
for continuity of care, and may include, but need not be limited to,
informing the person of available services, making appointments on
the person's behalf, discussing the person's problem with the agency
or individual to which the person has been referred, appraising the
outcome of referrals, and arranging for personal escort and
transportation when necessary. Referral shall be considered complete
when the agency or individual to whom the person has been referred
accepts responsibility for providing the necessary services. All
persons shall be advised of available precare services which prevent
initial recourse to hospital treatment or aftercare services 
which   that  support adjustment to community
living following hospital treatment. These services may be provided
through county welfare departments, State Department of Mental
Health, Short-Doyle programs  ,  or other local agencies.
   Each agency or facility providing evaluation services shall
maintain a current and comprehensive file of all community services,
both public and private. These files shall contain current agreements
with agencies or individuals accepting referrals, as well as
appraisals of the results of past referrals.
   (e) "Crisis intervention" consists of an interview or series of
interviews within a brief period of time, conducted by qualified
professionals, and designed to alleviate personal or family
situations  which   that  present a serious
and imminent threat to the health or stability of the person or the
family. The interview or interviews may be conducted in the home of
the person or family, or on an inpatient or outpatient basis with
 such   the  therapy, or other services, as
may be appropriate. Crisis intervention may, as appropriate, include
suicide prevention, psychiatric, welfare, psychological, legal, or
other social services.
   (f) "Prepetition screening" is a screening of all petitions for
court-ordered evaluation as provided in Article 2 (commencing with
Section 5200) of Chapter 2, consisting of a professional review of
all petitions; an interview with the petitioner and, whenever
possible, the person alleged, as a result of mental disorder, to be a
danger to others, or to himself or herself, or to be gravely
disabled, to assess the problem and explain the petition; when
indicated, efforts to persuade the person to receive, on a voluntary
basis, comprehensive evaluation, crisis intervention, referral, and
other services specified in this part.
   (g) "Conservatorship investigation" means investigation by an
agency appointed or designated by the governing body of cases in
which conservatorship is recommended pursuant to Chapter 3
(commencing with Section 5350).
   (h) (1) For purposes of Article 1 (commencing with Section 5150),
Article 2 (commencing with Section 5200), and Article 4 (commencing
with Section 5250) of Chapter 2, and for the purposes of Chapter 3
(commencing with Section 5350), "gravely disabled" means either of
the following:
   (A) A condition in which a person, as a result of a mental
disorder, is unable to provide for his or her basic personal needs
for food, clothing, or shelter.
   (B) A condition in which a person, has been found mentally
incompetent under Section 1370 of the Penal Code and all of the
following facts exist:
   (i) The indictment or information pending against the defendant at
the time of commitment charges a felony involving death, great
bodily harm, or a serious threat to the physical well-being of
another person.
   (ii) The indictment or information has not been dismissed.
   (iii) As a result of mental disorder, the person is unable to
understand the nature and purpose of the proceedings taken against
him or her and to assist counsel in the conduct of his or her defense
in a rational manner.
   (2) For purposes of Article 3 (commencing with Section 5225) and
Article 4 (commencing with Section 5250), of Chapter 2, and for the
purposes of Chapter 3 (commencing with Section 5350), "gravely
disabled" means a condition in which a person, as a result of
impairment by chronic alcoholism, is unable to provide for his or her
basic personal needs for food, clothing, or shelter.
   (3) The term "gravely disabled" does not include  mentally
retarded  persons  with intellectual disabilities 
by reason of  being mentally retarded   having
an intellectual disability  alone.
   (i) "Peace officer" means a duly sworn peace officer as that term
is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 of the Penal Code who has completed the basic training course
established by the Commission on Peace Officer Standards and
Training, or any parole officer or probation officer specified in
Section 830.5 of the Penal Code when acting in relation to cases for
which he or she has a legally mandated responsibility.
   (j) "Postcertification treatment" means an additional period of
treatment pursuant to Article 6 (commencing with Section 5300) of
Chapter 2.
   (k) "Court," unless otherwise specified, means a court of record.
   (  l ) "Antipsychotic medication" means any medication
customarily prescribed for the treatment of symptoms of psychoses and
other severe mental and emotional disorders.
   (m) "Emergency" means a situation in which action to impose
treatment over the person's objection is immediately necessary for
the preservation of life or the prevention of serious bodily harm to
the patient or others, and it is impracticable to first gain consent.
It is not necessary for harm to take place or become unavoidable
prior to treatment.
  SEC. 52.  Section 5325 of the Welfare and Institutions Code is
amended to read:
   5325.  Each person involuntarily detained for evaluation or
treatment under provisions of this part, each person admitted as a
voluntary patient for psychiatric evaluation or treatment to any
health facility, as defined in Section 1250 of the Health and Safety
Code, in which psychiatric evaluation or treatment is offered, and
each  mentally retarded person  with an
intellectual disability  committed to a state hospital pursuant
to Article  5   2  (commencing with Section
6500) of Chapter 2 of Part 2 of Division 6 shall have the following
rights, a list of which shall be prominently posted in the
predominant languages of the community and explained in a language or
modality accessible to the patient in all facilities providing such
services and otherwise brought to his or her attention by such
additional means as the Director of Mental Health may designate by
regulation:
   (a) To wear his or her own clothes; to keep and use his or her own
personal possessions including his or her toilet articles; and to
keep and be allowed to spend a reasonable sum of his or her own money
for canteen expenses and small purchases.
   (b) To have access to individual storage space for his or her
private use.
   (c) To see visitors each day.
   (d) To have reasonable access to telephones, both to make and
receive confidential calls or to have  such  calls
made for them.
   (e) To have ready access to letterwriting materials, including
stamps, and to mail and receive unopened correspondence.
   (f) To refuse convulsive treatment including, but not limited to,
any electroconvulsive treatment, any treatment of the mental
condition  which   that  depends on the
induction of a convulsion by any means, and insulin coma treatment.
   (g) To refuse psychosurgery. Psychosurgery is defined as those
operations currently referred to as lobotomy, psychiatric surgery,
and behavioral surgery and all other forms of brain surgery if the
surgery is performed for the purpose of any of the following:
   (1) Modification or control of thoughts, feelings, actions, or
behavior rather than the treatment of a known and diagnosed physical
disease of the brain.
   (2) Modification of normal brain function or normal brain tissue
in order to control thoughts, feelings, actions, or behavior.
   (3) Treatment of abnormal brain function or abnormal brain tissue
in order to modify thoughts, feelings, actions  ,  or
behavior when the abnormality is not an established cause for those
thoughts, feelings, actions, or behavior.
   Psychosurgery does not include prefrontal sonic treatment wherein
there is no destruction of brain tissue. The Director of Mental
Health shall promulgate appropriate regulations to assure adequate
protection of patients' rights in such treatment.
   (h) To see and receive the services of a patient advocate who has
no direct or indirect clinical or administrative responsibility for
the person receiving mental health services.
   (i) Other rights, as specified by regulation.
   Each patient shall also be given notification in a language or
modality accessible to the patient of other constitutional and
statutory rights which are found by the State Department of Mental
Health to be frequently misunderstood, ignored, or denied.
   Upon admission to a facility each patient shall immediately be
given a copy of a State Department of Mental Health prepared patients'
rights handbook.
   The State Department of Mental Health shall prepare and provide
the forms specified in this section and in Section 5157.
   The rights specified in this section may not be waived by the
person's parent, guardian, or conservator.
  SEC. 53.  Section 5585.25 of the Welfare and Institutions Code is
amended to read:
   5585.25.  "Gravely disabled minor" means a minor who, as a result
of a mental disorder, is unable to use the elements of life which are
essential to health, safety, and development, including food,
clothing, and shelter, even though provided to the minor by others.
 Mental retardation   Intellectual disability
 , epilepsy, or other developmental disabilities, alcoholism,
other drug abuse, or repeated antisocial behavior do not, by
themselves, constitute a mental disorder.
  SEC. 54.  Section 6250 of the Welfare and Institutions Code is
amended to read:
   6250.  As used in this part, "persons subject to judicial
commitment" means persons who may be judicially committed under this
part as mentally disordered sex offenders pursuant to Article 1
(commencing with Section  6300)   6331)  ,
sexually violent predators pursuant to Article 4 (commencing with
Section 6600), or  mentally retarded  persons 
with intellectual disabilities  pursuant to Article 2
(commencing with Section 6500) of Chapter 2  of this part
 .
   Nothing in this part shall be held to change or interfere with the
provisions of the Penal Code and other laws relating to mentally
disordered persons charged with crime or to the criminally insane.
   This part shall be liberally construed so that, as far as possible
and consistent with the rights of persons subject to commitment,
those persons shall be treated, not as criminals, but as sick
persons.
  SEC. 55.  The heading of Article 2 (commencing with Section 6500)
of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions
Code is amended to read:

      Article 2.   Mentally Retarded  Persons 
with Intellectual Disabilities 


  SEC. 56.  Section 6500 of the Welfare and Institutions Code is
amended to read:
   6500.  On and after July 1, 1971, no  mentally retarded
 person  with an intellectual disability  may be
committed to the State Department of Developmental Services pursuant
to this article, unless he or she is a danger to himself or herself,
or others. For the purposes of this article, dangerousness to self or
others shall be considered to include, but not be limited to, a
finding of incompetence to stand trial pursuant to the provisions of
Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the
Penal Code when the defendant has been charged with murder, mayhem,
aggravated mayhem, a violation of Section 207, 209, or 209.5 of the
Penal Code in which the victim suffers intentionally inflicted great
bodily injury, robbery perpetrated by torture or by a person armed
with a dangerous or deadly weapon or in which the victim suffers
great bodily injury, carjacking perpetrated by torture or by a person
armed with a dangerous or deadly weapon or in which the victim
suffers great bodily injury, a violation of subdivision (b) of
Section 451 of the Penal Code, a violation of paragraph (1) or (2) of
subdivision (a) of Section 262 or paragraph (2) or (3) of
subdivision (a) of Section 261 of the Penal Code, a violation of
Section 288 of the Penal Code, any of the following acts when
committed by force, violence, duress, menace, fear of immediate and
unlawful bodily injury on the victim or another person: a violation
of paragraph (1) or (2) of subdivision (a) of Section 262 of the
Penal Code, a violation of Section 264.1, 286, or 288a of the Penal
Code, or a violation of subdivision (a) of Section 289 of the Penal
Code; a violation of Section 459 of the Penal Code in the first
degree, assault with intent to commit murder, a violation of Section
220 of the Penal Code in which the victim suffers great bodily
injury, a violation of Section 18725, 18740, 18745, 18750, or 18755
of the Penal Code, or if the defendant has been charged with a felony
involving death, great bodily injury, or an act which poses a
serious threat of bodily harm to another person.
   If the  mentally retarded  person  with an
intellectual disability  is in the care or treatment of a state
hospital, developmental center, or other facility at the time a
petition for commitment is filed pursuant to this article, proof of a
recent overt act while in the care and treatment of a state
hospital, developmental center, or other facility is not required in
order to find that the person is a danger to self or others.
   Any order of commitment made pursuant to this article shall expire
automatically one year after the order of commitment is made. This
section shall not be construed to prohibit any party enumerated in
Section 6502 from filing subsequent petitions for additional periods
of commitment. In the event subsequent petitions are filed, the
procedures followed shall be the same as with an initial petition for
commitment.
   In any proceedings conducted under the authority of this article,
the  alleged mentally retarded  person  alleged
to have an intellectual disability  shall be informed of his or
her right to counsel by the court, and if the person does not have an
attorney for the proceedings, the court shall immediately appoint
the public defender or other attorney to represent him or her. The
person shall pay the cost for the legal services if he or she is able
to do so. At any judicial proceeding under the provisions of this
article, allegations that a person  is mentally retarded
  has an intellectual disability  and a danger to
himself or herself or to others shall be presented by the district
attorney for the county unless the board of supervisors, by ordinance
or resolution, delegates this authority to the county counsel.
  SEC. 57.  Section 6502 of the Welfare and Institutions Code is
amended to read:
   6502.  A petition for the commitment of a  mentally
retarded  person  with an intellectual disability 
to the State Department of Developmental Services who has been found
incompetent to stand trial pursuant to Chapter 6 (commencing with
Section 1367) of Title 10 of Part 2 of the Penal Code when the
defendant has been charged with one or more of the offenses
identified or described in Section 6500, may be filed in the superior
court of the county that determined the question of mental
competence of the defendant. All other petitions may be filed in the
county in which that person is physically present. The following
persons may request the person authorized to present allegations
pursuant to Section 6500 to file a petition for commitment:
   (a) The parent, guardian, conservator, or other person charged
with the support of the mentally retarded  person.
   (b) The probation officer.
   (c) The  Youth Authority   Division of
Juvenile Facilities, Department of Corrections and Rehabilitation
 .
   (d) Any person designated for that purpose by the judge of the
court.
   (e) The  Director of Corrections   Secretary
of the Department of Corrections and Rehabilitation  .
   (f) The regional center director or his or her designee.
   The request shall state the petitioner's reasons for supposing the
person to be eligible for admission thereto, and shall be verified
by affidavit.
                                                        SEC. 58.
Section 6504 of the Welfare and Institutions Code is amended to read:

   6504.  In all cases the court shall require due notice of the
hearing of the petition to be given to the  alleged mentally
retarded  person  alleged to have an intellectual
disability  . Whenever a petition is filed, the court shall
require  such  notice of the hearing of the petition
as it deems proper to be given to  any   a
 parent, guardian, conservator, or other person charged with the
support of the person mentioned in the petition.
  SEC. 59.  Section 6504.5 of the Welfare and Institutions Code is
amended to read:
   6504.5.  Wherever a petition is filed pursuant to this article,
the court shall appoint the director of a regional center for the
developmentally disabled established under Division 4.5  of
this code  , or the designee of the director, to examine the
 alleged mentally retarded  person  alleged to
have an intellectual disability  .
   Within 15 judicial days after his or her appointment, the regional
center director or designee shall submit to the court in writing a
report containing his or her evaluation of the  alleged
mentally retarded  person  alleged to have an
intellectual disability  . The report shall contain a
recommendation of a facility or facilities in which the 
alleged developmentally disabled  person  alleged to
have an intellect   ual disability  may be placed.
   The report shall include a description of the least restrictive
residential placement necessary to achieve the purposes of treatment.
In determining the least restrictive residential placement,
consideration shall be given to public safety. If placement into or
out of a developmental center is recommended, the regional center
director or designee simultaneously shall submit the report to the
executive director of the developmental center or his or her
designee. The executive director of the developmental center or his
or her designee may, within 15 days of receiving the regional center
report, submit to the court a written report evaluating the ability
of the developmental center to achieve the purposes of treatment for
this person and whether the developmental center placement can
adequately provide the security measures or systems required to
protect the public health and safety from the potential dangers posed
by the person's known behaviors.
   The reports prepared by the regional center director and
developmental center director, if applicable, shall also address
suitable interim placements for the person as provided for in Section
6506.
  SEC. 60.  Section 6505 of the Welfare and Institutions Code is
amended to read:
   6505.  Whenever the court considers it necessary or advisable, it
may cause an order to issue for the apprehension and delivery to the
court of the  alleged mentally retarded  person 
alleged to have an intellectual disability  , and may have the
order executed by  any   a  peace officer.
  SEC. 61.  Section 6506 of the Welfare and Institutions Code is
amended to read:
   6506.  Pending the hearing, the court may order that the alleged
dangerous  mentally retarded  person  with an
intellectual disability  may be left in the charge of his or her
parent, guardian, conservator, or other suitable person, or placed
in a state hospital for the developmentally disabled, in the county
psychiatric hospital, or in any other suitable placement  , 
as determined by the court. Prior to the issuance of an order under
this section, the regional center and developmental center, if
applicable, shall recommend to the court a suitable person or
facility to care for the  alleged mentally retarded 
person  alleged to have an intellectual disability  . The
determination of a suitable person or facility shall be the least
restrictive option that provides for the person's treatment needs and
that has existing security systems or measures in place to
adequately protect the public safety from any known dangers posed by
the person. In determining whether the public safety will be
adequately protected, the court shall make the finding required by
subparagraph (D) of paragraph (1) of subdivision (a) of Section
1370.1 of the Penal Code.
   Pending the hearing, the court may order that the person receive
necessary habilitation, care, and treatment, including medical and
dental treatment.
   Orders made pursuant to this section shall expire at the time set
for the hearing pursuant to Section 6503. If the court upon a showing
of good cause grants a continuance of the hearing on the matter, it
shall order that the person be detained pursuant to this section
until the hearing on the petition is held.
  SEC. 62.  Section 6507 of the Welfare and Institutions Code is
amended to read:
   6507.  The court shall inquire into the condition or status of the
 alleged mentally retarded  person  alleged to
have an intellectual disability  . For this purpose it may 
,  by subpoena  ,  require the attendance before it of
a physician who has made a special study of  mental
retardation  intellectual disabilities  and is
qualified as a medical examiner, and of a clinical psychologist, or
of two such physicians, or of two such psychologists, to examine the
person and testify concerning his  or her  mentality. The
court may also  ,  by subpoena  ,  require the
attendance of  such  other persons as it deems
advisable, to give evidence.
  SEC. 63.  Section 6508 of the Welfare and Institutions Code is
amended to read:
   6508.  Each psychologist and physician shall receive for each
attendance mentioned in Section 6507 the sum of five dollars ($5) for
each person examined, together with his  or her  necessary
actual expenses occasioned thereby, and other witnesses shall receive
for  such  attendance  such  
those  fees and expenses as the court in its discretion allows,
if any, not exceeding the fees and expenses allowed by law in other
cases in the superior court.
   Any fees or traveling expenses payable to a psychologist,
physician, or witness as provided in this section and all expenses
connected with the execution of  any   a 
process under the provisions of this article, which are not paid by
the parent, guardian, conservator, or person charged with the support
of the  supposed mentally retarded  person 
supposed to have an intellectual disability  , shall be paid by
the county treasurer of the county in which the person resides, upon
the presentation to the treasurer of a certificate of the judge that
the claimant is entitled thereto.
  SEC. 64.  Section 6509 of the Welfare and Institutions Code is
amended to read:
   6509.  (a) If the court finds that the person  is mentally
retarded   has an intellectual disability  , and
that he or she is a danger to himself, herself, or to others, the
court may make an order that the person be committed to the State
Department of Developmental Services for suitable treatment and
habilitation services. Suitable treatment and habilitation services
is defined as the least restrictive residential placement necessary
to achieve the purposes of treatment. Care and treatment of a person
committed to the State Department of Developmental Services may
include placement in any state hospital, developmental center, any
licensed community care facility, as defined in Section  1504
  1502 of the Health and Safety Code  , or any
health facility, as defined in Section 1250  of the Health and
Safety Code  , or any other appropriate placement permitted by
law. The court shall hold a hearing as to the available placement
alternatives and consider the reports of the regional center director
or designee and the developmental center director or designee
submitted pursuant to Section 6504.5. After hearing all the evidence,
the court shall order that the person be committed to that placement
that the court finds to be the most appropriate alternative. If the
court finds that release of the person can be made subject to
conditions that the court deems proper and adequate for the
protection and safety of others and the welfare of the person, the
person shall be released subject to those conditions.
   The court, however, may commit a  mentally retarded
 person  who has an i   ntellectual disability
 who is not a resident of this state under Section 4460 for the
purpose of transportation of the person to the state of his or her
legal residence pursuant to Section 4461. The State Department of
Developmental Services shall receive the person committed to it and
shall place the person in the placement ordered by the court.
   (b) If the person has at any time been found mentally incompetent
pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of
Part 2 of the Penal Code arising out of a complaint charging a felony
offense specified in Section 290 of the Penal Code, the court shall
order the State Department of Developmental Services to give notice
of that finding to the designated placement facility and the
appropriate law enforcement agency or agencies having local
jurisdiction at the site of the placement facility.
   (c) If the  State  Department of Developmental Services
decides that a change in placement is necessary, it shall notify in
writing the court of commitment, the district attorney, and the
attorney of record for the person and the regional center of its
decision at least 15 days in advance of the proposed change in
placement. The court may hold a hearing and (1) approve or disapprove
of the change, or (2) take no action in which case the change shall
be deemed approved. At the request of the district attorney or of the
attorney for the person, a hearing shall be held.
  SEC. 65.  Section 6511 of the Welfare and Institutions Code is
amended to read:
   6511.  Any person who knowingly contrives to have  any
  a  person adjudged  mentally retarded
  to have an intellectual disability  under the
provisions of this article, unlawfully or improperly, is guilty of a
misdemeanor.
  SEC. 66.  Section 6512 of the Welfare and Institutions Code is
amended to read:
   6512.  If, when a boy or girl is brought before a juvenile court
under the juvenile court law, it appears to the court, either before
or after adjudication, that the person  is mentally retarded
  has an intellectual disability  , or if, on the
conviction of any person of crime by any court it appears to the
court that the person  is mentally retarded  
has an intellectual disability  , the court may adjourn the
proceedings or suspend the sentence, as the case may be, and direct
some suitable person to take proceedings under this article against
the person before the court, and the court may order that, pending
the preparation, filing, and hearing of the petition, the person
before the court be detained in a place of safety, or be placed under
the guardianship of some suitable person, on his  or her 
entering into a recognizance for the appearance of the person upon
trial or under conviction when required. If, upon the hearing of the
petition, or upon a subsequent hearing, the person upon trial or
under conviction is not found to  be mentally retarded
  have an intellectual disability  , the court may
proceed with the trial or impose sentence, as the case may be.
  SEC. 67.  Section 6513 of the Welfare and Institutions Code is
amended to read:
   6513.  (a) The State Department of Developmental Services shall
pay for the costs, as defined in this section, of judicial
proceedings, including commitment, placement, or release, under this
article under both of the following conditions:
   (1) The judicial proceedings are in a county within which a state
hospital or developmental center maintains a treatment program for
 mentally retarded  persons  with intellectual
disabilities  who are a danger to themselves or others.
   (2) The judicial proceedings relate to a  mentally
retarded  person  with an intellectual disability 
who is at the time residing in the state hospital or developmental
center located in the county of the proceedings.
   (b) The appropriate financial officer or other designated official
in a county described in subdivision (a) may prepare a statement of
all costs incurred by the county in the investigation, preparation
for, and conduct of the proceeding, including any costs of the
district attorney or county counsel and any public defender or
court-appointed counsel representing the person, and including any
costs incurred by the county for the guarding or keeping of the
person while away from the state hospital and for transportation of
the person to and from the hospital. The statement shall be certified
 to by a judge of the superior court and shall be
sent to the State Department of Developmental Services. In lieu of
sending statements after each proceeding, the statements may be held
and submitted quarterly for the preceding three-month period.
  SEC. 68.  Section 6551 of the Welfare and Institutions Code is
amended to read:
   6551.  If the court is in doubt as to whether the person is
mentally disordered or  mentally retarded   has
an intellectual disability  , the court shall order the person
to be taken to a facility designated by the county and approved by
the State Department of Mental Health as a facility for 72-hour
treatment and evaluation. Thereupon, Article 1 (commencing with
Section 5150) of Chapter 2 of Part 1 of Division 5 applies, except
that the professional person in charge of the facility shall make a
written report to the court concerning the results of the evaluation
of the person's mental condition. If the professional person in
charge of the facility finds the person is, as a result of mental
disorder, in need of intensive treatment, the person may be certified
for not more than 14 days of involuntary intensive treatment if the
conditions set forth in subdivision (c) of Section 5250 and
subdivision (b) of Section 5260 are complied with. Thereupon, Article
4 (commencing with Section 5250) of Chapter 2 of Part 1 of Division
5 shall apply to the person. The person may be detained pursuant to
Article 4.5 (commencing with Section 5260), or Article 4.7
(commencing with Section 5270.10), or Article 6 (commencing with
Section 5300) of  Chapter 2 of  Part 1 of Division 5 if that
article applies.
   If the professional person in charge of the facility finds that
the person  is mentally retarded   has an
intellectual disability  , the juvenile court may direct the
filing in any other court of a petition for the commitment of a minor
as a  mentally retarded  person  with an
intellectual disability  to the State Department of
Developmental Services for placement in a state hospital. In 
such   this  case, the juvenile court shall
transmit to the court in which the petition is filed a copy of the
report of the professional person in charge of the facility in which
the minor was placed for observation. The court in which the petition
for commitment is filed may accept the report of the professional
person in lieu of the appointment, or subpoenaing, and testimony of
other expert witnesses appointed by the court, if the laws applicable
to  such   the  commitment proceedings
provide for the appointment by court of medical or other expert
witnesses or may consider the report as evidence in addition to the
testimony of medical or other expert witnesses.
   If the professional person in charge of the facility for 72-hour
evaluation and treatment reports to the juvenile court that the minor
is not affected with any mental disorder requiring intensive
treatment or  mental retardation   does not have
an intellectual disability  , the professional person in charge
of the facility shall return the minor to the juvenile court on or
before the expiration of the 72-hour period and the court shall
proceed with the case in accordance with the Juvenile Court Law.
   Any expenditure for the evaluation or intensive treatment of a
minor under this section shall be considered an expenditure made
under Part 2 (commencing with Section 5600) of Division 5 and shall
be reimbursed by the state as are other local expenditures pursuant
to that part.
   The jurisdiction of the juvenile court over the minor shall be
suspended during such time as the minor is subject to the
jurisdiction of the court in which the petition for postcertification
treatment of an imminently dangerous person or the petition for
commitment of a  mentally retarded  person  with
an intellectual disability  is filed or under remand for 90
days for intensive treatment or commitment ordered by  such
  the  court.
  SEC. 69.  The heading of Article 4 (commencing with Section 6715)
of Chapter 3 of Part 2 of Division 6 of the Welfare and Institutions
Code is amended to read:

      Article 4.   Mentally Retarded  Persons 
wi   th Intellectual Disabilities 


  SEC. 70.  Section 6715 of the Welfare and Institutions Code is
amended to read:
   6715.  The court shall inquire into the financial condition of the
parent, guardian, or other person charged with the support of
 any   a  person committed as 
mentally retarded person   having an intellectual
disability  , and if it finds  him   the
person  able to do so, in whole or in part, it shall make a
further order, requiring him  or her  to pay, to the extent
the court considers  him   the person  able
 to pay  , the expenses of the proceedings in
connection with the investigation, detention, and commitment of the
person committed, and the expenses of  his   the
committed person's  delivery to the institution, and to pay to
the county, at stated periods,  such   the 
sums  as  the court deems proper, during 
such   the  time  as  the person
remains in the institution or on leave of absence to a licensed
hospital, facility  ,  or home for the care of  such
  those  persons. This order may be enforced by
 such  further orders as the court deems necessary,
and may be varied, altered, or revoked in its discretion.
   The court shall designate  some   a 
county officer to keep a record of  such  payments
ordered to be made, to receive, receipt for, and record  such
  the  payments made, to pay over  such
  the  payments to the county treasurer, to see
that the persons ordered to make  such   the
 payments comply with  such   the 
orders, and to report to the court any failure  on the part
of such persons  to make  such   the
 payments.
  SEC. 71.  Section 6717 of the Welfare and Institutions Code is
amended to read:
   6717.  The cost necessarily incurred in determining whether a
person is a fit subject for  admission to a home for the
mentally retarded   commitment  and securing his
 admission thereto   or her commitment  ,
is a charge upon the county whence he  or she  is committed.
 Such   These  costs include the fees of
witnesses, medical examiners, psychiatrists  ,  and
psychologists allowed by the judge ordering the examination. If the
person sought to be committed is not an indigent person, the costs of
the proceedings are the obligation of  such  
that  person and shall be paid by him  or her  , or by
 the   his or her  guardian or conservator
 of his estate   ,  as provided in Division
4 (commencing with Section 1400) of the Probate Code, or shall be
paid by persons legally liable for his  or her  maintenance,
unless otherwise ordered by the judge.
  SEC. 72.  Section 6718 of the Welfare and Institutions Code is
amended to read:
   6718.  The State Department of Mental Health shall present to the
county, not more frequently than monthly, a claim for the amount due
the state by reason of commitments of  the mentally retarded
which   persons with intellectual disabilities, that
 the county shall process and pay pursuant to the provisions of
Chapter 4 (commencing with Section 29700) of Division 3 of Title 3 of
the Government Code.
  SEC. 73.  The heading of Article 4 (commencing with Section 6740)
of Chapter 4 of Part 2 of Division 6 of the Welfare and Institutions
Code is amended to read:

      Article 4.   Mentally Retarded  Persons
with Intellectual Disabilities 


  SEC. 74.  Section 6740 of the Welfare and Institutions Code is
amended to read:
   6740.  The court shall attach to the order of commitment of a
 mentally retarded  person  with an intellectual
disability  its findings and conclusions, together with all the
social and other data it has bearing upon the case, and the same
shall be delivered to the  home   place of
commitment  with the order.
  SEC. 75.  Section 6741 of the Welfare and Institutions Code is
amended to read:
   6741.  The sheriff or probation officer, whichever  may be
  is  designated by the court, may execute the
order of commitment with respect to  any mentally retarded
  a  person  with an intellectual disability
 .
   In any case in which the probation officer executes the order of
commitment, he  or she  shall be compensated for
transporting  such   the  person to a state
hospital in the amount and manner in which a sheriff is compensated
for similar services.
  SEC. 76.  Section 7275 of the Welfare and Institutions Code is
amended to read:
   7275.  The husband, wife, father, mother, or children of a patient
in a state hospital for the mentally disordered, the estates of
 such   these  persons, and the guardian or
conservator and administrator of the estate of  such
  the  patient shall cause him  or her  to
be properly and suitably cared for and maintained, and shall pay the
costs and charges  of his   for 
transportation to a state institution. The husband, wife, father,
mother, or children of a patient in a state hospital for the mentally
disordered and the administrators of their estates, and the estate
of  such   the  person shall be liable for
his  or her  care, support, and maintenance in a state
institution of which he  or she  is a patient. The liability
of  such   these  persons and estates
shall be a joint and several liability, and  such 
 the  liability shall exist whether the person has become a
patient of a state institution pursuant to the provisions of this
code or pursuant to the provisions of Sections 1026, 1368, 1369,
1370, and 1372 of the Penal Code.
   This section does not impose liability for the care of 
mentally retarded  persons  with intellectual
disabilities  in state hospitals.
  SEC. 77.  Section 7351 of the Welfare and Institutions Code is
amended to read:
   7351.  Wherever in any provision of this code heretofore or
hereafter enacted the term "parole" is used in relation to the
release of a patient from a state hospital, it shall be construed to
refer to and mean "leave of absence."  Any  A
 judicially committed patient or  mentally retarded
 patient  with an intellectual disability  granted
a leave of absence on or after July 1, 1969, and  any
  a  patient on leave of absence as of July 1,
1969, may at any time during the period of the leave of absence be
recalled and returned to the hospital.
   Upon the release of a judicially committed patient as granted by
the medical director of a state hospital, on leave of absence or
discharge upon any of the grounds provided in this article, in
accordance with the rules and regulations prescribed by the
department, the superintendent shall issue to or on behalf of the
judicially committed patient a document stating the general terms or
limitations of the leave of absence, or a certificate stating the
general condition of  ,  or the reason for  ,  the
discharge of the judicially committed patient.
  SEC. 78.  Section 11014 of the Welfare and Institutions Code is
amended to read:
   11014.  To the extent that any provision of this part prohibits
the granting of aid to persons confined in a public institution for
tuberculosis or mental disease or as a result of the diagnosis of
tuberculosis,  mental retardation  intellectual
disability  , or psychosis permitted by federal law, such
provision shall be inoperative.