Bill Text

PDF |Add To My Favorites |Track Bill | print page

SB-931 Conservatorships: jails.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 01/25/2018 09:00 PM
SB931:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 931


Introduced by Senator Hertzberg

January 25, 2018


An act to amend Section 5352.5 of the Welfare and Institutions Code, relating to conservatorships.


LEGISLATIVE COUNSEL'S DIGEST


SB 931, as introduced, Hertzberg. Conservatorships: jails.
Existing law authorizes initiation of conservatorship proceedings for, among others, a person who has been transferred from a county jail to a specified mental health facility for 72-hour evaluation and treatment, upon a recommendation to the conservatorship investigator of the appropriate county, as specified. Under existing law, the initiation of conservatorship proceedings or the existence of a conservatorship does not affect pending criminal proceedings for that person.
This bill would additionally prohibit a conservatorship investigator from considering the custody status of a person who is subject to a conservatorship investigation and who is in the custody of a county jail. The bill would also prohibit a county jail from being considered a suitable or least restrictive alternative placement for a person who is gravely disabled, as defined.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 5352.5 of the Welfare and Institutions Code is amended to read:

5352.5.
 (a) Conservatorship proceedings may be initiated for any person committed to a state hospital or local mental health facility or placed on outpatient treatment pursuant to Section 1026 or 1370 of the Penal Code or transferred pursuant to Section 4011.6 of the Penal Code upon recommendation of the medical director of the state hospital, or a designee, or professional person in charge of the local mental health facility, or a designee, or the local mental health director, or a designee, to the conservatorship investigator of the county of residence of the person prior to his or her admission to the hospital or facility or of the county in which the hospital or facility is located. The initiation of conservatorship proceedings or the existence of a conservatorship shall not affect any pending criminal proceedings. The custody status of a person who is subject to the conservatorship investigation and who is in the custody of a county jail shall not be considered by the conservatorship investigator conducting the investigation pursuant to Section 5351. A county jail shall not be considered a suitable or least restrictive alternative placement for a person who is gravely disabled, as defined in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008.

Subject

(b) Subject to the provisions of Sections 5150 and 5250, conservatorship proceedings may be initiated for any person convicted of a felony who has been transferred to a state hospital under the jurisdiction of the State Department of State Hospitals pursuant to Section 2684 of the Penal Code by the recommendation of the medical director of the state hospital to the conservatorship investigator of the county of residence of the person or of the county in which the state hospital is located.

Subject

(c) Subject to the provisions of Sections 5150 and 5250, conservatorship proceedings may be initiated for any person committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, or on parole from a facility of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, by the Chief Deputy Secretary for Juvenile Justice or a designee, to the conservatorship investigator of the county of residence of the person or of the county in which the facility is situated.

The

(d) The county mental health program providing conservatorship investigation services and conservatorship case management services for any persons except those transferred pursuant to Section 4011.6 of the Penal Code shall be reimbursed for the expenditures made by it for the services pursuant to the Short-Doyle Act (commencing with Section 5600) at 100 percent of the expenditures. Each county Short-Doyle plan shall include provision for the services in the plan.