SB 175: Developmental services: Canyon Springs Community Facility.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-09-28
Existing law authorizes a court, if the court finds that a person has a developmental disability, and is a danger to himself, herself, or to others, to make an order that the person be committed to the State Department of Developmental Services for suitable treatment and habilitation services, as specified.
This bill would authorize a court to order, until June 30, 2021, the commitment of an individual who meets specified criteria for admission due to an acute crisis, as defined, to a separate and distinct unit of Canyon Springs Community Facility. The bill would make other conforming changes.
This bill would incorporate additional changes to Section 6500 of the Welfare and Institutions Code proposed by SB 1494 to be operative only if this bill and SB 1494 are enacted and this bill is enacted last.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes a court, if the court finds that a person has a developmental disability, and is a danger to himself, herself, or to others, to make an order that the person be committed to the State Department of Developmental Services for suitable treatment and habilitation services, as specified.
This bill would authorize a court to order, until June 30, 2021, the commitment of an individual who meets specified criteria for admission due to an acute crisis, as defined, to a separate and distinct unit of Canyon Springs Community Facility. The bill would make other conforming changes.
This bill would incorporate additional changes to Section 6500 of the Welfare and Institutions Code proposed by SB 1494 to be operative only if this bill and SB 1494 are enacted and this bill is enacted last.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes a court, if the court finds that a person has a developmental disability, and is a danger to himself, herself, or to others, to make an order that the person be committed to the State Department of Developmental Services for suitable treatment and habilitation services, as specified.
This bill would authorize a court to order, until June 30, 2021, the commitment of an individual who meets specified criteria for admission due to an acute crisis, as defined, to a separate and distinct unit of Canyon Springs Community Facility. The bill would make other conforming changes.
This bill would incorporate additional changes to Section 6500 of the Welfare and Institutions Code proposed by SB 1494 to be operative only if this bill and SB 1494 are enacted and this bill is enacted last.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes a court, if the court finds that a person has a developmental disability, and is a danger to himself, herself, or to others, to make an order that the person be committed to the State Department of Developmental Services for suitable treatment and habilitation services, as specified.
This bill would authorize a court to order, until June 30, 2021, the commitment of an individual who meets specified criteria for admission due to an acute crisis, as defined, to a separate and distinct unit of Canyon Springs Community Facility. The bill would make other conforming changes.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes a court, if the court finds that a person has a developmental disability, and is a danger to himself, herself, or to others, to make an order that the person be committed to the State Department of Developmental Services for suitable treatment and habilitation services, as specified.
This bill would authorize a court to order, until June 30, 2021, the commitment of an individual who meets specified criteria for admission due to an acute crisis, as defined, to a separate and distinct unit of Canyon Springs Community Facility. The bill would make other conforming changes.
The Medical Cannabis Regulation and Safety Act (MCRSA) provides for the licensure and regulation of medical marijuana, for which responsibility is generally divided between the Bureau of Marijuana Control within the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health. The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, provides for the licensure and regulation of commercial nonmedical marijuana activities, for which responsibility is also generally divided between those same state entities. Both MCRSA and AUMA prohibit the use of the name of a California county in the labeling, marketing, or packaging of medical marijuana products or nonmedical marijuana products unless the marijuana contained in the product was grown in that county.This bill would specify that those prohibitions also apply to the advertising of marijuana and include the use of any similar sounding name that is likely to mislead consumers as to the origin of the product. AUMA authorizes the Legislature to amend specified substantive provisions by a majority vote if it is implementing those provisions, provided that the amendments are consistent with and further the purposes and intent of AUMA.This bill would state that the Legislature finds and declares that this act implements substantive provisions of AUMA and is consistent with, and furthers the purposes and intent of, AUMA.The Medical Cannabis Regulation and Safety Act (MCRSA) provides for the licensure and regulation of medical marijuana, for which responsibility is generally divided between the Bureau of Marijuana Control within the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health. The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, provides for the licensure and regulation of commercial nonmedical marijuana activities, for which responsibility is also generally divided between those same state entities. Both MCRSA and AUMA prohibit the use of the name of a California county in the labeling, marketing, or packaging of medical marijuana products or nonmedical marijuana products unless the marijuana contained in the product was grown in that county.
This bill would specify that those prohibitions also apply to the advertising of marijuana and include the use of any similar sounding name that is likely to mislead consumers as to the origin of the product.
AUMA authorizes the Legislature to amend specified substantive provisions by a majority vote if it is implementing those provisions, provided that the amendments are consistent with and further the purposes and intent of AUMA.
This bill would state that the Legislature finds and declares that this act implements substantive provisions of AUMA and is consistent with, and furthers the purposes and intent of, AUMA.
The Medical Cannabis Regulation and Safety Act (MCRSA) provides for the licensure and regulation of medical marijuana, which responsibility is generally divided between the Bureau of Marijuana Control within the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health. The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, provides for the licensure and regulation of commercial nonmedical marijuana activities, which responsibility is also generally divided between those same state entities. Both MCRSA and AUMA prohibit the use of the name of a California county in the labeling, marketing, or packaging of medical marijuana products or nonmedical marijuana products unless the marijuana contained in the product was grown in that county.
This bill would specify that those prohibitions include the use of any similar sounding name that is likely to mislead consumers as to the origin of the product.
AUMA authorizes the Legislature to amend specified substantive provisions by a majority vote if it is implementing those provisions, provided that the amendments are consistent with and further the purposes and intent of AUMA.
This bill would state that the Legislature finds and declares that this act implements substantive provisions of AUMA and is consistent with, and furthers the purposes and intent of, AUMA.
(a)For purposes of this article, the following definitions shall apply:
(1)Dangerousness to self or others shall 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.
(2)Developmental disability shall have the same meaning as defined in subdivision (a) of Section 4512.
(b)(1)A person with a developmental disability may be committed to the State Department of Developmental Services for residential placement other than in a state developmental center or state-operated community facility, as provided in subdivision (a) of Section 6509, if he or she is found to be a danger to himself, herself, or others.
(A)Any order of commitment made pursuant to this paragraph shall expire automatically one year after the order of commitment is made.
(B)This paragraph 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 the initial petition for commitment.
(2)A person with a developmental disability shall not be committed to the State Department of Developmental Services for placement in a state developmental center or state-operated community facility pursuant to this article unless he or she meets the criteria for admission to a developmental center pursuant to paragraph (2), (3), or (4) of subdivision (a) of Section 7505 and is dangerous to self or others or he or she currently is a resident of a state developmental center or state-operated community facility pursuant to an order of commitment made pursuant to this article prior to July 1, 2012, and is being recommitted pursuant to paragraph (4) of this subdivision.
(3)If the person with a developmental 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.
(4)In the event subsequent petitions are filed with respect to a resident of a state developmental center or a state-operated community facility committed prior to July 1, 2012, the procedures followed and criteria for recommitment shall be the same as with the initial petition for commitment.
(5)In any proceedings conducted under the authority of this article, the person alleged to have a developmental 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 has a developmental disability and is dangerous 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. The clients rights advocate for the regional center may attend any judicial proceedings to assist in protecting the individuals rights.
(c)(1)Any order of commitment made pursuant to this article with respect to a person described in paragraph (3) of subdivision (a) of Section 7505 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.
(2)Any order of commitment made pursuant to this article on or after July 1, 2012, with respect to the admission to a developmental center of a person described in paragraph (2) of subdivision (a) of Section 7505 shall expire automatically six months after the earlier of the order of commitment pursuant to this section or the order of a placement in a developmental center pursuant to Section 6506, unless the regional center, prior to the expiration of the order of commitment, notifies the court in writing of the need for an extension. The required notice shall state facts demonstrating that the individual continues to be in acute crisis as defined in paragraph (1) of subdivision (d) of Section 4418.7 and the justification for the requested extension, and shall be accompanied by the comprehensive assessment and plan described in subdivision (e) of Section 4418.7. An order granting an extension shall not extend the total period of commitment beyond one year, including any placement in a developmental center pursuant to Section 6506. If, prior to expiration of one year, the regional center notifies the court in writing of facts demonstrating that, due to circumstances beyond the regional centers control, the placement cannot be made prior to expiration of the extension, and the court determines that good cause exists, the court may grant one further extension of up to 30 days. The court may also issue any orders the court deems appropriate to ensure that necessary steps are taken to ensure that the individual can be safely and appropriately transitioned to the community in a timely manner. The required notice shall state facts demonstrating that the regional center has made significant progress implementing the plan described in subdivision (e) of Section 4418.7 and that extraordinary circumstances exist beyond the regional centers control that have prevented the plans implementation. This paragraph does not preclude the individual or any person acting on his or her behalf from making a request for release pursuant to Section 4800, or counsel for the individual from filing a petition for habeas corpus pursuant to Section 4801. Notwithstanding subdivision (a) of Section 4801, for purposes of this paragraph, judicial review shall be in the superior court of the county that issued the order of commitment pursuant to this section.
SEC. 1.5.Section 6500 of the Welfare and Institutions Code is amended to read:6500.(a)For purposes of this article, the following definitions shall apply:
(1)Dangerousness to self or others shall 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 287 of, or former Section 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.
(2)Developmental disability shall have the same meaning as defined in subdivision (a) of Section 4512.
(b)(1)A person with a developmental disability may be committed to the State Department of Developmental Services for residential placement other than in a state developmental center or state-operated community facility, as provided in subdivision (a) of Section 6509, if he or she is found to be a danger to himself, herself, or others.
(A)Any order of commitment made pursuant to this paragraph shall expire automatically one year after the order of commitment is made.
(B)This paragraph 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 the initial petition for commitment.
(2)A person with a developmental disability shall not be committed to the State Department of Developmental Services for placement in a state developmental center or state-operated community facility pursuant to this article unless he or she meets the criteria for admission to a developmental center pursuant to paragraph (2), (3), or (4) of subdivision (a) of Section 7505 and is dangerous to self or others or he or she currently is a resident of a state developmental center or state-operated community facility pursuant to an order of commitment made pursuant to this article prior to July 1, 2012, and is being recommitted pursuant to paragraph (4) of this subdivision.
(3)If the person with a developmental 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.
(4)In the event subsequent petitions are filed with respect to a resident of a state developmental center or a state-operated community facility committed prior to July 1, 2012, the procedures followed and criteria for recommitment shall be the same as with the initial petition for commitment.
(5)In any proceedings conducted under the authority of this article, the person alleged to have a developmental 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 has a developmental disability and is dangerous 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. The clients rights advocate for the regional center may attend any judicial proceedings to assist in protecting the individuals rights.
(c)(1)Any order of commitment made pursuant to this article with respect to a person described in paragraph (3) of subdivision (a) of Section 7505 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.
(2)Any order of commitment made pursuant to this article on or after July 1, 2012, with respect to the admission to a developmental center of a person described in paragraph (2) of subdivision (a) of Section 7505 shall expire automatically six months after the earlier of the order of commitment pursuant to this section or the order of a placement in a developmental center pursuant to Section 6506, unless the regional center, prior to the expiration of the order of commitment, notifies the court in writing of the need for an extension. The required notice shall state facts demonstrating that the individual continues to be in acute crisis as defined in paragraph (1) of subdivision (d) of Section 4418.7 and the justification for the requested extension, and shall be accompanied by the comprehensive assessment and plan described in subdivision (e) of Section 4418.7. An order granting an extension shall not extend the total period of commitment beyond one year, including any placement in a developmental center pursuant to Section 6506. If, prior to expiration of one year, the regional center notifies the court in writing of facts demonstrating that, due to circumstances beyond the regional centers control, the placement cannot be made prior to expiration of the extension, and the court determines that good cause exists, the court may grant one further extension of up to 30 days. The court may also issue any orders the court deems appropriate to ensure that necessary steps are taken to ensure that the individual can be safely and appropriately transitioned to the community in a timely manner. The required notice shall state facts demonstrating that the regional center has made significant progress implementing the plan described in subdivision (e) of Section 4418.7 and that extraordinary circumstances exist beyond the regional centers control that have prevented the plans implementation. This paragraph does not preclude the individual or any person acting on his or her behalf from making a request for release pursuant to Section 4800, or counsel for the individual from filing a petition for habeas corpus pursuant to Section 4801. Notwithstanding subdivision (a) of Section 4801, for purposes of this paragraph, judicial review shall be in the superior court of the county that issued the order of commitment pursuant to this section.
SEC. 2.Section 6509 of the Welfare and Institutions Code is amended to read:6509.(a)If the court finds that the person has a developmental disability, and 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 of the following:
(1)Any licensed community care facility, as defined in Section 1502 of the Health and Safety Code, or any health facility, as defined in Section 1250 of the Health and Safety Code, other than a developmental center or state-operated facility.
(2)The acute crisis center at Fairview Developmental Center, if the person meets the criteria for admission pursuant to paragraph (2) of subdivision (a) of Section 7505.
(3)On or after January 1, 2015, the acute crisis center at Sonoma Developmental Center, if the person meets the criteria for admission pursuant to paragraph (2) of subdivision (a) of Section 7505.
(4)The secure treatment program at Porterville Developmental Center, if the person meets the criteria for admission pursuant to paragraph (3) of subdivision (a) of Section 7505.
(5)Canyon Springs Community Facility, if the person meets the criteria for admission pursuant to paragraph (4) of subdivision (a) of Section 7505.
(6)Any other appropriate placement permitted by law.
(b)(1)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 the placement that the court finds to be the most appropriate and least restrictive 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.
(2)The court, however, may commit a person with a developmental 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.
(c)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.
(d)For persons residing in the secure treatment program at the Porterville Developmental Center, at the persons annual individual program plan meeting the team shall determine if the person should be considered for transition from the secure treatment program to an alternative placement. If the team concludes that an alternative placement is appropriate, the regional center, in coordination with the developmental center, shall conduct a comprehensive assessment and develop a proposed plan to transition the individual from the secure treatment program to the community. The transition plan shall be based upon the individuals needs, developed through the individual program plan process, and shall ensure that needed services and supports will be in place at the time the individual moves. Individual supports and services shall include, when appropriate for the individual, wrap-around services through intensive individualized support services. The clients rights advocate for the regional center shall be notified of the individual program plan meeting and may participate in the meeting unless the consumer objects on his or her own behalf. The individuals transition plan shall be provided to the court as part of the notice required pursuant to subdivision (e).
(e)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, 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. 3.Section 7502.6 is added to the Welfare and Institutions Code, to read:7502.6.(a)Notwithstanding any other law or regulation, commencing with the effective date of this section and until June 30, 2021, a court may order the commitment of an individual to a separate and distinct unit of Canyon Springs Community Facility, as provided in paragraph (4) of subdivision (a) of Section 7505. No more than 10 beds at the facility shall be designated for this purpose.
(b)Prior to admission to Canyon Springs Community Facility of an individual meeting the criteria of paragraph (4) of subdivision (a) of Section 7505, the regional center and regional resource development project shall follow the preadmission procedures, including notification and assessment procedures, specified in subdivisions (a) to (c), inclusive, of Section 4418.7. Upon admission, the postadmission procedures and timelines specified in subdivision (e) of Section 4418.7 shall apply.
SEC. 4.Section 7505 of the Welfare and Institutions Code is amended to read:7505.(a)Notwithstanding any other law, the State Department of Developmental Services shall not admit anyone to a developmental center unless the person has been determined eligible for services under Division 4.5 (commencing with Section 4500) and the person is any of the following:
(1)An adult committed by a court to Porterville Developmental Center, secure treatment program, pursuant to Section 1370.1 of the Penal Code.
(2)Committed by a court to the acute crisis center at Fairview Developmental Center, or the acute crisis center at Sonoma Developmental Center, pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 due to an acute crisis, pursuant to Section 4418.7.
(3)An adult committed by a court to Porterville Developmental Center, secure treatment program, pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 as a result of involvement with the criminal justice system, and the court has determined the person is mentally incompetent to stand trial.
(4)A person committed by a court on or before June 30, 2021, to Canyon Springs Community Facility pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 who otherwise meets the criteria for admission described in Section 4418.7 due to an acute crisis, as defined in paragraph (1) of subdivision (d) of Section 4418.7.
(5)A person described in Section 4508.
(b)Under no circumstances shall the State Department of Developmental Services admit a person to a developmental center after July 1, 2012, as a result of a criminal conviction or when the person is competent to stand trial for the criminal offense and the admission is ordered in lieu of trial.
SEC. 5.Section 1.5 of this bill incorporates amendments to Section 6500 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 1494. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, but this bill becomes operative first, (2) each bill amends Section 6500 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 1494, in which case Section 6500 of the Welfare and Institutions Code, as amended by Section 1 of this bill, shall remain operative only until the operative date of Senate Bill 1494, at which time Section 1.5 of this bill shall become operative.
SEC. 6.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
Because there is a critical shortage of placement options for persons with challenging mental health treatment needs who are experiencing acute crises and are in need of immediate mental health services, and in order to authorize the Canyon Springs Community Facility to serve as an additional placement option for those individuals who meet the criteria for admission as soon as possible, it is necessary that this act take effect immediately.
(a)For purposes of this article, the following definitions shall apply:
(1)Dangerousness to self or others shall 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.
(2)Developmental disability shall have the same meaning as defined in subdivision (a) of Section 4512.
(b)(1)A person with a developmental disability may be committed to the State Department of Developmental Services for residential placement other than in a state developmental center or state-operated community facility, as provided in subdivision (a) of Section 6509, if he or she is found to be a danger to himself, herself, or others.
(A)Any order of commitment made pursuant to this paragraph shall expire automatically one year after the order of commitment is made.
(B)This paragraph 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 the initial petition for commitment.
(2)A person with a developmental disability shall not be committed to the State Department of Developmental Services for placement in a state developmental center or state-operated community facility pursuant to this article unless he or she meets the criteria for admission to a developmental center pursuant to paragraph (2), (3), or (4) of subdivision (a) of Section 7505 and is dangerous to self or others or he or she currently is a resident of a state developmental center or state-operated community facility pursuant to an order of commitment made pursuant to this article prior to July 1, 2012, and is being recommitted pursuant to paragraph (4) of this subdivision.
(3)If the person with a developmental 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.
(4)In the event subsequent petitions are filed with respect to a resident of a state developmental center or a state-operated community facility committed prior to July 1, 2012, the procedures followed and criteria for recommitment shall be the same as with the initial petition for commitment.
(5)In any proceedings conducted under the authority of this article, the person alleged to have a developmental 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 has a developmental disability and is dangerous 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. The clients rights advocate for the regional center may attend any judicial proceedings to assist in protecting the individuals rights.
(c)(1)Any order of commitment made pursuant to this article with respect to a person described in paragraph (3) of subdivision (a) of Section 7505 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.
(2)Any order of commitment made pursuant to this article on or after July 1, 2012, with respect to the admission to a developmental center of a person described in paragraph (2) of subdivision (a) of Section 7505 shall expire automatically six months after the earlier of the order of commitment pursuant to this section or the order of a placement in a developmental center pursuant to Section 6506, unless the regional center, prior to the expiration of the order of commitment, notifies the court in writing of the need for an extension. The required notice shall state facts demonstrating that the individual continues to be in acute crisis as defined in paragraph (1) of subdivision (d) of Section 4418.7 and the justification for the requested extension, and shall be accompanied by the comprehensive assessment and plan described in subdivision (e) of Section 4418.7. An order granting an extension shall not extend the total period of commitment beyond one year, including any placement in a developmental center pursuant to Section 6506. If, prior to expiration of one year, the regional center notifies the court in writing of facts demonstrating that, due to circumstances beyond the regional centers control, the placement cannot be made prior to expiration of the extension, and the court determines that good cause exists, the court may grant one further extension of up to 30 days. The court may also issue any orders the court deems appropriate to ensure that necessary steps are taken to ensure that the individual can be safely and appropriately transitioned to the community in a timely manner. The required notice shall state facts demonstrating that the regional center has made significant progress implementing the plan described in subdivision (e) of Section 4418.7 and that extraordinary circumstances exist beyond the regional centers control that have prevented the plans implementation. This paragraph does not preclude the individual or any person acting on his or her behalf from making a request for release pursuant to Section 4800, or counsel for the individual from filing a petition for habeas corpus pursuant to Section 4801. Notwithstanding subdivision (a) of Section 4801, for purposes of this paragraph, judicial review shall be in the superior court of the county that issued the order of commitment pursuant to this section.
SEC. 1.5.Section 6500 of the Welfare and Institutions Code is amended to read:6500.(a)For purposes of this article, the following definitions shall apply:
(1)Dangerousness to self or others shall 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 287 of, or former Section 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.
(2)Developmental disability shall have the same meaning as defined in subdivision (a) of Section 4512.
(b)(1)A person with a developmental disability may be committed to the State Department of Developmental Services for residential placement other than in a state developmental center or state-operated community facility, as provided in subdivision (a) of Section 6509, if he or she is found to be a danger to himself, herself, or others.
(A)Any order of commitment made pursuant to this paragraph shall expire automatically one year after the order of commitment is made.
(B)This paragraph 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 the initial petition for commitment.
(2)A person with a developmental disability shall not be committed to the State Department of Developmental Services for placement in a state developmental center or state-operated community facility pursuant to this article unless he or she meets the criteria for admission to a developmental center pursuant to paragraph (2), (3), or (4) of subdivision (a) of Section 7505 and is dangerous to self or others or he or she currently is a resident of a state developmental center or state-operated community facility pursuant to an order of commitment made pursuant to this article prior to July 1, 2012, and is being recommitted pursuant to paragraph (4) of this subdivision.
(3)If the person with a developmental 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.
(4)In the event subsequent petitions are filed with respect to a resident of a state developmental center or a state-operated community facility committed prior to July 1, 2012, the procedures followed and criteria for recommitment shall be the same as with the initial petition for commitment.
(5)In any proceedings conducted under the authority of this article, the person alleged to have a developmental 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 has a developmental disability and is dangerous 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. The clients rights advocate for the regional center may attend any judicial proceedings to assist in protecting the individuals rights.
(c)(1)Any order of commitment made pursuant to this article with respect to a person described in paragraph (3) of subdivision (a) of Section 7505 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.
(2)Any order of commitment made pursuant to this article on or after July 1, 2012, with respect to the admission to a developmental center of a person described in paragraph (2) of subdivision (a) of Section 7505 shall expire automatically six months after the earlier of the order of commitment pursuant to this section or the order of a placement in a developmental center pursuant to Section 6506, unless the regional center, prior to the expiration of the order of commitment, notifies the court in writing of the need for an extension. The required notice shall state facts demonstrating that the individual continues to be in acute crisis as defined in paragraph (1) of subdivision (d) of Section 4418.7 and the justification for the requested extension, and shall be accompanied by the comprehensive assessment and plan described in subdivision (e) of Section 4418.7. An order granting an extension shall not extend the total period of commitment beyond one year, including any placement in a developmental center pursuant to Section 6506. If, prior to expiration of one year, the regional center notifies the court in writing of facts demonstrating that, due to circumstances beyond the regional centers control, the placement cannot be made prior to expiration of the extension, and the court determines that good cause exists, the court may grant one further extension of up to 30 days. The court may also issue any orders the court deems appropriate to ensure that necessary steps are taken to ensure that the individual can be safely and appropriately transitioned to the community in a timely manner. The required notice shall state facts demonstrating that the regional center has made significant progress implementing the plan described in subdivision (e) of Section 4418.7 and that extraordinary circumstances exist beyond the regional centers control that have prevented the plans implementation. This paragraph does not preclude the individual or any person acting on his or her behalf from making a request for release pursuant to Section 4800, or counsel for the individual from filing a petition for habeas corpus pursuant to Section 4801. Notwithstanding subdivision (a) of Section 4801, for purposes of this paragraph, judicial review shall be in the superior court of the county that issued the order of commitment pursuant to this section.
SEC. 2.Section 6509 of the Welfare and Institutions Code is amended to read:6509.(a)If the court finds that the person has a developmental disability, and 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 of the following:
(1)Any licensed community care facility, as defined in Section 1502 of the Health and Safety Code, or any health facility, as defined in Section 1250 of the Health and Safety Code, other than a developmental center or state-operated facility.
(2)The acute crisis center at Fairview Developmental Center, if the person meets the criteria for admission pursuant to paragraph (2) of subdivision (a) of Section 7505.
(3)On or after January 1, 2015, the acute crisis center at Sonoma Developmental Center, if the person meets the criteria for admission pursuant to paragraph (2) of subdivision (a) of Section 7505.
(4)The secure treatment program at Porterville Developmental Center, if the person meets the criteria for admission pursuant to paragraph (3) of subdivision (a) of Section 7505.
(5)Canyon Springs Community Facility, if the person meets the criteria for admission pursuant to paragraph (4) of subdivision (a) of Section 7505.
(6)Any other appropriate placement permitted by law.
(b)(1)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 the placement that the court finds to be the most appropriate and least restrictive 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.
(2)The court, however, may commit a person with a developmental 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.
(c)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.
(d)For persons residing in the secure treatment program at the Porterville Developmental Center, at the persons annual individual program plan meeting the team shall determine if the person should be considered for transition from the secure treatment program to an alternative placement. If the team concludes that an alternative placement is appropriate, the regional center, in coordination with the developmental center, shall conduct a comprehensive assessment and develop a proposed plan to transition the individual from the secure treatment program to the community. The transition plan shall be based upon the individuals needs, developed through the individual program plan process, and shall ensure that needed services and supports will be in place at the time the individual moves. Individual supports and services shall include, when appropriate for the individual, wrap-around services through intensive individualized support services. The clients rights advocate for the regional center shall be notified of the individual program plan meeting and may participate in the meeting unless the consumer objects on his or her own behalf. The individuals transition plan shall be provided to the court as part of the notice required pursuant to subdivision (e).
(e)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, 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. 3.Section 7502.6 is added to the Welfare and Institutions Code, to read:7502.6.(a)Notwithstanding any other law or regulation, commencing with the effective date of this section and until June 30, 2021, a court may order the commitment of an individual to a separate and distinct unit of Canyon Springs Community Facility, as provided in paragraph (4) of subdivision (a) of Section 7505. No more than 10 beds at the facility shall be designated for this purpose.
(b)Prior to admission to Canyon Springs Community Facility of an individual meeting the criteria of paragraph (4) of subdivision (a) of Section 7505, the regional center and regional resource development project shall follow the preadmission procedures, including notification and assessment procedures, specified in subdivisions (a) to (c), inclusive, of Section 4418.7. Upon admission, the postadmission procedures and timelines specified in subdivision (e) of Section 4418.7 shall apply.
SEC. 4.Section 7505 of the Welfare and Institutions Code is amended to read:7505.(a)Notwithstanding any other law, the State Department of Developmental Services shall not admit anyone to a developmental center unless the person has been determined eligible for services under Division 4.5 (commencing with Section 4500) and the person is any of the following:
(1)An adult committed by a court to Porterville Developmental Center, secure treatment program, pursuant to Section 1370.1 of the Penal Code.
(2)Committed by a court to the acute crisis center at Fairview Developmental Center, or the acute crisis center at Sonoma Developmental Center, pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 due to an acute crisis, pursuant to Section 4418.7.
(3)An adult committed by a court to Porterville Developmental Center, secure treatment program, pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 as a result of involvement with the criminal justice system, and the court has determined the person is mentally incompetent to stand trial.
(4)A person committed by a court on or before June 30, 2021, to Canyon Springs Community Facility pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 who otherwise meets the criteria for admission described in Section 4418.7 due to an acute crisis, as defined in paragraph (1) of subdivision (d) of Section 4418.7.
(5)A person described in Section 4508.
(b)Under no circumstances shall the State Department of Developmental Services admit a person to a developmental center after July 1, 2012, as a result of a criminal conviction or when the person is competent to stand trial for the criminal offense and the admission is ordered in lieu of trial.
SEC. 5.Section 1.5 of this bill incorporates amendments to Section 6500 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 1494. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, but this bill becomes operative first, (2) each bill amends Section 6500 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 1494, in which case Section 6500 of the Welfare and Institutions Code, as amended by Section 1 of this bill, shall remain operative only until the operative date of Senate Bill 1494, at which time Section 1.5 of this bill shall become operative.
SEC. 6.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
Because there is a critical shortage of placement options for persons with challenging mental health treatment needs who are experiencing acute crises and are in need of immediate mental health services, and in order to authorize the Canyon Springs Community Facility to serve as an additional placement option for those individuals who meet the criteria for admission as soon as possible, it is necessary that this act take effect immediately.
(a)For purposes of this article, the following definitions shall apply:
(1)Dangerousness to self or others shall 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.
(2)Developmental disability shall have the same meaning as defined in subdivision (a) of Section 4512.
(b)(1)A person with a developmental disability may be committed to the State Department of Developmental Services for residential placement other than in a state developmental center or state-operated community facility, as provided in subdivision (a) of Section 6509, if he or she is found to be a danger to himself, herself, or others.
(A)Any order of commitment made pursuant to this paragraph shall expire automatically one year after the order of commitment is made.
(B)This paragraph 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 the initial petition for commitment.
(2)A person with a developmental disability shall not be committed to the State Department of Developmental Services for placement in a state developmental center or state-operated community facility pursuant to this article unless he or she meets the criteria for admission to a developmental center pursuant to paragraph (2), (3), or (4) of subdivision (a) of Section 7505 and is dangerous to self or others or he or she currently is a resident of a state developmental center or state-operated community facility pursuant to an order of commitment made pursuant to this article prior to July 1, 2012, and is being recommitted pursuant to paragraph (4) of this subdivision.
(3)If the person with a developmental 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.
(4)In the event subsequent petitions are filed with respect to a resident of a state developmental center or a state-operated community facility committed prior to July 1, 2012, the procedures followed and criteria for recommitment shall be the same as with the initial petition for commitment.
(5)In any proceedings conducted under the authority of this article, the person alleged to have a developmental 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 has a developmental disability and is dangerous 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. The clients rights advocate for the regional center may attend any judicial proceedings to assist in protecting the individuals rights.
(c)(1)Any order of commitment made pursuant to this article with respect to a person described in paragraph (3) of subdivision (a) of Section 7505 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.
(2)Any order of commitment made pursuant to this article on or after July 1, 2012, with respect to the admission to a developmental center of a person described in paragraph (2) of subdivision (a) of Section 7505 shall expire automatically six months after the earlier of the order of commitment pursuant to this section or the order of a placement in a developmental center pursuant to Section 6506, unless the regional center, prior to the expiration of the order of commitment, notifies the court in writing of the need for an extension. The required notice shall state facts demonstrating that the individual continues to be in acute crisis as defined in paragraph (1) of subdivision (d) of Section 4418.7 and the justification for the requested extension, and shall be accompanied by the comprehensive assessment and plan described in subdivision (e) of Section 4418.7. An order granting an extension shall not extend the total period of commitment beyond one year, including any placement in a developmental center pursuant to Section 6506. If, prior to expiration of one year, the regional center notifies the court in writing of facts demonstrating that, due to circumstances beyond the regional centers control, the placement cannot be made prior to expiration of the extension, and the court determines that good cause exists, the court may grant one further extension of up to 30 days. The court may also issue any orders the court deems appropriate to ensure that necessary steps are taken to ensure that the individual can be safely and appropriately transitioned to the community in a timely manner. The required notice shall state facts demonstrating that the regional center has made significant progress implementing the plan described in subdivision (e) of Section 4418.7 and that extraordinary circumstances exist beyond the regional centers control that have prevented the plans implementation. This paragraph does not preclude the individual or any person acting on his or her behalf from making a request for release pursuant to Section 4800, or counsel for the individual from filing a petition for habeas corpus pursuant to Section 4801. Notwithstanding subdivision (a) of Section 4801, for purposes of this paragraph, judicial review shall be in the superior court of the county that issued the order of commitment pursuant to this section.
SEC. 1.5.Section 6500 of the Welfare and Institutions Code is amended to read:6500.(a)For purposes of this article, the following definitions shall apply:
(1)Dangerousness to self or others shall 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 287 of, or former Section 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.
(2)Developmental disability shall have the same meaning as defined in subdivision (a) of Section 4512.
(b)(1)A person with a developmental disability may be committed to the State Department of Developmental Services for residential placement other than in a state developmental center or state-operated community facility, as provided in subdivision (a) of Section 6509, if he or she is found to be a danger to himself, herself, or others.
(A)Any order of commitment made pursuant to this paragraph shall expire automatically one year after the order of commitment is made.
(B)This paragraph 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 the initial petition for commitment.
(2)A person with a developmental disability shall not be committed to the State Department of Developmental Services for placement in a state developmental center or state-operated community facility pursuant to this article unless he or she meets the criteria for admission to a developmental center pursuant to paragraph (2) or (3) (2), (3), or (4) of subdivision (a) of Section 7505 and is dangerous to self or others or he or she currently is a resident of a state developmental center or state-operated community facility pursuant to an order of commitment made pursuant to this article prior to July 1, 2012, and is being recommitted pursuant to paragraph (4) of this subdivision.
(3)If the person with a developmental 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.
(4)In the event subsequent petitions are filed with respect to a resident of a state developmental center or a state-operated community facility committed prior to July 1, 2012, the procedures followed and criteria for recommitment shall be the same as with the initial petition for commitment.
(5)In any proceedings conducted under the authority of this article, the person alleged to have a developmental 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 has a developmental disability and is dangerous 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. The clients rights advocate for the regional center may attend any judicial proceedings to assist in protecting the individuals rights.
(c)(1)Any order of commitment made pursuant to this article with respect to a person described in paragraph (3) of subdivision (a) of Section 7505 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.
(2)Any order of commitment made pursuant to this article on or after July 1, 2012, with respect to the admission to a developmental center of a person described in paragraph (2) of subdivision (a) of Section 7505 shall expire automatically six months after the earlier of the order of commitment pursuant to this section or the order of a placement in a developmental center pursuant to Section 6506, unless the regional center, prior to the expiration of the order of commitment, notifies the court in writing of the need for an extension. The required notice shall state facts demonstrating that the individual continues to be in acute crisis as defined in paragraph (1) of subdivision (d) of Section 4418.7 and the justification for the requested extension, and shall be accompanied by the comprehensive assessment and plan described in subdivision (e) of Section 4418.7. An order granting an extension shall not extend the total period of commitment beyond one year, including any placement in a developmental center pursuant to Section 6506. If, prior to expiration of one year, the regional center notifies the court in writing of facts demonstrating that, due to circumstances beyond the regional centers control, the placement cannot be made prior to expiration of the extension, and the court determines that good cause exists, the court may grant one further extension of up to 30 days. The court may also issue any orders the court deems appropriate to ensure that necessary steps are taken to ensure that the individual can be safely and appropriately transitioned to the community in a timely manner. The required notice shall state facts demonstrating that the regional center has made significant progress implementing the plan described in subdivision (e) of Section 4418.7 and that extraordinary circumstances exist beyond the regional centers control that have prevented the plans implementation. Nothing in this paragraph precludes This paragraph does not preclude the individual or any person acting on his or her behalf from making a request for release pursuant to Section 4800, or counsel for the individual from filing a petition for habeas corpus pursuant to Section 4801. Notwithstanding subdivision (a) of Section 4801, for purposes of this paragraph, judicial review shall be in the superior court of the county that issued the order of commitment pursuant to this section.
SEC. 2.Section 6509 of the Welfare and Institutions Code is amended to read:6509.(a) If the court finds that the person has a developmental disability, and 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 of the following:
(1)Any licensed community care facility, as defined in Section 1502 of the Health and Safety Code, or any health facility, as defined in Section 1250 of the Health and Safety Code, other than a developmental center or state-operated facility.
(2)The acute crisis center at Fairview Developmental Center, if the person meets the criteria for admission pursuant to paragraph (2) of subdivision (a) of Section 7505.
(3)On or after January 1, 2015, the acute crisis center at Sonoma Developmental Center, if the person meets the criteria for admission pursuant to paragraph (2) of subdivision (a) of Section 7505.
(4)The secure treatment program at Porterville Developmental Center, if the person meets the criteria for admission pursuant to paragraph (3) of subdivision (a) of Section 7505.
(5)Canyon Springs Community Facility, if the person meets the criteria for admission pursuant to paragraph (4) of subdivision (a) of Section 7505.
(6)Any other appropriate placement permitted by law.
(b)(1)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 the placement that the court finds to be the most appropriate and least restrictive 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.
(2)The court, however, may commit a person with a developmental 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.
(c)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.
(d)For persons residing in the secure treatment program at the Porterville Developmental Center, at the persons annual individual program plan meeting the team shall determine if the person should be considered for transition from the secure treatment program to an alternative placement. If the team concludes that an alternative placement is appropriate, the regional center, in coordination with the developmental center, shall conduct a comprehensive assessment and develop a proposed plan to transition the individual from the secure treatment program to the community. The transition plan shall be based upon the individuals needs, developed through the individual program plan process, and shall ensure that needed services and supports will be in place at the time the individual moves. Individual supports and services shall include, when appropriate for the individual, wrap-around services through intensive individualized support services. The clients rights advocate for the regional center shall be notified of the individual program plan meeting and may participate in the meeting unless the consumer objects on his or her own behalf. The individuals transition plan shall be provided to the court as part of the notice required pursuant to subdivision (e).
(e)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, 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. 3.Section 7502.6 is added to the Welfare and Institutions Code, to read:7502.6.(a)Notwithstanding any other law or regulation, commencing with the effective date of this section and until June 30, 2021, a court may order the commitment of an individual to a separate and distinct unit of Canyon Springs Community Facility, as provided in paragraph (4) of subdivision (a) of Section 7505. No more than 10 beds at the facility shall be designated for this purpose.
(b)Prior to admission to Canyon Springs Community Facility of an individual meeting the criteria of paragraph (4) of subdivision (a) of Section 7505, the regional center and regional resource development project shall follow the preadmission procedures, including notification and assessment procedures, specified in subdivisions (a) to (c), inclusive, of Section 4418.7. Upon admission, the postadmission procedures and timelines specified in subdivision (e) of Section 4418.7 shall apply.
SEC. 4.Section 7505 of the Welfare and Institutions Code is amended to read:7505.(a)Notwithstanding any other law, the State Department of Developmental Services shall not admit anyone to a developmental center unless the person has been determined eligible for services under Division 4.5 (commencing with Section 4500) and the person is any of the following:
(1)An adult committed by a court to Porterville Developmental Center, secure treatment program, pursuant to Section 1370.1 of the Penal Code.
(2)Committed by a court to the acute crisis center at Fairview Developmental Center, or the acute crisis center at Sonoma Developmental Center, pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 due to an acute crisis, pursuant to Section 4418.7.
(3)An adult committed by a court to Porterville Developmental Center, secure treatment program, pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 as a result of involvement with the criminal justice system, and the court has determined the person is mentally incompetent to stand trial.
(4)A person committed by a court on or before June 30, 2021, to Canyon Springs Community Facility pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 who otherwise meets the criteria for admission described in Section 4418.7 due to an acute crisis, as defined in paragraph (1) of subdivision (d) of Section 4418.7.
(5)A person described in Section 4508.
(b)Under no circumstances shall the State Department of Developmental Services admit a person to a developmental center after July 1, 2012, as a result of a criminal conviction or when the person is competent to stand trial for the criminal offense and the admission is ordered in lieu of trial.
SEC. 5.Section 1.5 of this bill incorporates amendments to Section 6500 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 1494. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, but this bill becomes operative first, (2) each bill amends Section 6500 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 1494, in which case Section 6500 of the Welfare and Institutions Code, as amended by Section 1 of this bill, shall remain operative only until the operative date of Senate Bill 1494, at which time Section 1.5 of this bill shall become operative.
SEC. 5.SEC. 6.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
Because there is a critical shortage of placement options for persons with challenging mental health treatment needs who are experiencing acute crises and are in need of immediate mental health services, and in order to authorize the Canyon Springs Community Facility to serve as an additional placement option for those individuals who meet the criteria for admission as soon as possible, it is necessary that this act take effect immediately.
(a)For purposes of this article, the following definitions shall apply:
(1)Dangerousness to self or others shall 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.
(2)Developmental disability shall have the same meaning as defined in subdivision (a) of Section 4512.
(b)(1)A person with a developmental disability may be committed to the State Department of Developmental Services for residential placement other than in a state developmental center or state-operated community facility, as provided in subdivision (a) of Section 6509, if he or she is found to be a danger to himself, herself, or others.
(A)Any order of commitment made pursuant to this paragraph shall expire automatically one year after the order of commitment is made.
(B)This paragraph 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 the initial petition for commitment.
(2)A person with a developmental disability shall not be committed to the State Department of Developmental Services for placement in a state developmental center or state-operated community facility pursuant to this article unless he or she meets the criteria for admission to a developmental center pursuant to paragraph (2), (3), or (4) of subdivision (a) of Section 7505 and is dangerous to self or others or he or she currently is a resident of a state developmental center or state-operated community facility pursuant to an order of commitment made pursuant to this article prior to July 1, 2012, and is being recommitted pursuant to paragraph (4) of this subdivision.
(3)If the person with a developmental 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.
(4)In the event subsequent petitions are filed with respect to a resident of a state developmental center or a state-operated community facility committed prior to July 1, 2012, the procedures followed and criteria for recommitment shall be the same as with the initial petition for commitment.
(5)In any proceedings conducted under the authority of this article, the person alleged to have a developmental 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 has a developmental disability and is dangerous 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. The clients rights advocate for the regional center may attend any judicial proceedings to assist in protecting the individuals rights.
(c)(1)Any order of commitment made pursuant to this article with respect to a person described in paragraph (3) of subdivision (a) of Section 7505 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.
(2)Any order of commitment made pursuant to this article on or after July 1, 2012, with respect to the admission to a developmental center of a person described in paragraph (2) of subdivision (a) of Section 7505 shall expire automatically six months after the earlier of the order of commitment pursuant to this section or the order of a placement in a developmental center pursuant to Section 6506, unless the regional center, prior to the expiration of the order of commitment, notifies the court in writing of the need for an extension. The required notice shall state facts demonstrating that the individual continues to be in acute crisis as defined in paragraph (1) of subdivision (d) of Section 4418.7 and the justification for the requested extension, and shall be accompanied by the comprehensive assessment and plan described in subdivision (e) of Section 4418.7. An order granting an extension shall not extend the total period of commitment beyond one year, including any placement in a developmental center pursuant to Section 6506. If, prior to expiration of one year, the regional center notifies the court in writing of facts demonstrating that, due to circumstances beyond the regional centers control, the placement cannot be made prior to expiration of the extension, and the court determines that good cause exists, the court may grant one further extension of up to 30 days. The court may also issue any orders the court deems appropriate to ensure that necessary steps are taken to ensure that the individual can be safely and appropriately transitioned to the community in a timely manner. The required notice shall state facts demonstrating that the regional center has made significant progress implementing the plan described in subdivision (e) of Section 4418.7 and that extraordinary circumstances exist beyond the regional centers control that have prevented the plans implementation. This paragraph does not preclude the individual or any person acting on his or her behalf from making a request for release pursuant to Section 4800, or counsel for the individual from filing a petition for habeas corpus pursuant to Section 4801. Notwithstanding subdivision (a) of Section 4801, for purposes of this paragraph, judicial review shall be in the superior court of the county that issued the order of commitment pursuant to this section.
SEC. 2.Section 6509 of the Welfare and Institutions Code is amended to read:6509.(a) If the court finds that the person has a developmental disability, and 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 of the following:
(1)Any licensed community care facility, as defined in Section 1502 of the Health and Safety Code, or any health facility, as defined in Section 1250 of the Health and Safety Code, other than a developmental center or state-operated facility.
(2)The acute crisis center at Fairview Developmental Center, if the person meets the criteria for admission pursuant to paragraph (2) of subdivision (a) of Section 7505.
(3)On or after January 1, 2015, the acute crisis center at Sonoma Developmental Center, if the person meets the criteria for admission pursuant to paragraph (2) of subdivision (a) of Section 7505.
(4)The secure treatment program at Porterville Developmental Center, if the person meets the criteria for admission pursuant to paragraph (3) of subdivision (a) of Section 7505.
(5)Canyon Springs Community Facility, if the person meets the criteria for admission pursuant to paragraph (4) of subdivision (a) of Section 7505.
(6)Any other appropriate placement permitted by law.
(b)(1)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 the placement that the court finds to be the most appropriate and least restrictive 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.
(2)The court, however, may commit a person with a developmental 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.
(c)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.
(d)For persons residing in the secure treatment program at the Porterville Developmental Center, at the persons annual individual program plan meeting the team shall determine if the person should be considered for transition from the secure treatment program to an alternative placement. If the team concludes that an alternative placement is appropriate, the regional center, in coordination with the developmental center, shall conduct a comprehensive assessment and develop a proposed plan to transition the individual from the secure treatment program to the community. The transition plan shall be based upon the individuals needs, developed through the individual program plan process, and shall ensure that needed services and supports will be in place at the time the individual moves. Individual supports and services shall include, when appropriate for the individual, wrap-around services through intensive individualized support services. The clients rights advocate for the regional center shall be notified of the individual program plan meeting and may participate in the meeting unless the consumer objects on his or her own behalf. The individuals transition plan shall be provided to the court as part of the notice required pursuant to subdivision (e).
(e)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, 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. 3.Section 7502.6 is added to the Welfare and Institutions Code, to read:7502.6.(a)Notwithstanding any other law or regulation, commencing with the effective date of this section and until June 30, 2021, a court may order the commitment of an individual to a separate and distinct unit of Canyon Springs Community Facility, as provided in paragraph (4) of subdivision (a) of Section 7505. No more than ten 10 beds at the facility shall be designated for this purpose.
(b)Prior to admission to Canyon Springs Community Facility of an individual meeting the criteria of paragraph (4) of subdivision (a) of Section 7505, the regional center and regional resource development project shall follow the preadmission procedures, including notification and assessment procedures, specified in subdivisions (a) to (c), inclusive, of Section 4418.7. Upon admission, the postadmission procedures and timelines specified in subdivision (e) of Section 4418.7 will shall apply.
SEC. 4.Section 7505 of the Welfare and Institutions Code is amended to read:7505.(a)Notwithstanding any other law, the State Department of Developmental Services shall not admit anyone to a developmental center unless the person has been determined eligible for services under Division 4.5 (commencing with Section 4500) and the person is any of the following:
(1)An adult committed by a court to Porterville Developmental Center, secure treatment program, pursuant to Section 1370.1 of the Penal Code.
(2)Committed by a court to the acute crisis center at Fairview Developmental Center, or the acute crisis center at Sonoma Developmental Center, pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 due to an acute crisis, pursuant to Section 4418.7.
(3)An adult committed by a court to Porterville Developmental Center, secure treatment program, pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 as a result of involvement with the criminal justice system, and the court has determined the person is mentally incompetent to stand trial.
(4)A person committed by a court on or before June 30, 2021, to Canyon Springs Community Facility pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 who otherwise meets the criteria for admission described in Section 4418.7 due to an acute crisis, as defined in paragraph (1) of subdivision (d) of Section 4418.7.
(5)A person described in Section 4508.
(b)Under no circumstances shall the State Department of Developmental Services admit a person to a developmental center after July 1, 2012, as a result of a criminal conviction or when the person is competent to stand trial for the criminal offense and the admission is ordered in lieu of trial.
SEC. 5.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
Because there is a critical shortage of placement options for persons with challenging mental health treatment needs who are experiencing acute crises and are in need of immediate mental health services, and in order to authorize the Canyon Springs Community Facility to serve as an additional placement option for those individuals who meet the criteria for admission as soon as possible, it is necessary that this act take effect immediately.
(a)For purposes of this article, the following definitions shall apply:
(1)Dangerousness to self or others shall 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.
(2)Developmental disability shall have the same meaning as defined in subdivision (a) of Section 4512.
(b)(1)A person with a developmental disability may be committed to the State Department of Developmental Services for residential placement other than in a state developmental center or state-operated community facility, as provided in subdivision (a) of Section 6509, if he or she is found to be a danger to himself, herself, or others.
(A)Any order of commitment made pursuant to this paragraph shall expire automatically one year after the order of commitment is made.
(B)This paragraph 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 the initial petition for commitment.
(2)A person with a developmental disability shall not be committed to the State Department of Developmental Services for placement in a state developmental center or state-operated community facility pursuant to this article unless he or she meets the criteria for admission to a developmental center pursuant to paragraph (2) or (3) (2), (3), or (4) of subdivision (a) of Section 7505 and is dangerous to self or others or he or she currently is a resident of a state developmental center or state-operated community facility pursuant to an order of commitment made pursuant to this article prior to July 1, 2012, and is being recommitted pursuant to paragraph (4) of this subdivision.
(3)If the person with a developmental 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.
(4)In the event subsequent petitions are filed with respect to a resident of a state developmental center or a state-operated community facility committed prior to July 1, 2012, the procedures followed and criteria for recommitment shall be the same as with the initial petition for commitment.
(5)In any proceedings conducted under the authority of this article, the person alleged to have a developmental 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 has a developmental disability and is dangerous 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. The clients rights advocate for the regional center may attend any judicial proceedings to assist in protecting the individuals rights.
(c)(1)Any order of commitment made pursuant to this article with respect to a person described in paragraph (3) of subdivision (a) of Section 7505 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.
(2)Any order of commitment made pursuant to this article on or after July 1, 2012, with respect to the admission to a developmental center of a person described in paragraph (2) of subdivision (a) of Section 7505 shall expire automatically six months after the earlier of the order of commitment pursuant to this section or the order of a placement in a developmental center pursuant to Section 6506, unless the regional center, prior to the expiration of the order of commitment, notifies the court in writing of the need for an extension. The required notice shall state facts demonstrating that the individual continues to be in acute crisis as defined in paragraph (1) of subdivision (d) of Section 4418.7 and the justification for the requested extension, and shall be accompanied by the comprehensive assessment and plan described in subdivision (e) of Section 4418.7. An order granting an extension shall not extend the total period of commitment beyond one year, including any placement in a developmental center pursuant to Section 6506. If, prior to expiration of one year, the regional center notifies the court in writing of facts demonstrating that, due to circumstances beyond the regional centers control, the placement cannot be made prior to expiration of the extension, and the court determines that good cause exists, the court may grant one further extension of up to 30 days. The court may also issue any orders the court deems appropriate to ensure that necessary steps are taken to ensure that the individual can be safely and appropriately transitioned to the community in a timely manner. The required notice shall state facts demonstrating that the regional center has made significant progress implementing the plan described in subdivision (e) of Section 4418.7 and that extraordinary circumstances exist beyond the regional centers control that have prevented the plans implementation. Nothing in this paragraph precludes This paragraph does not preclude the individual or any person acting on his or her behalf from making a request for release pursuant to Section 4800, or counsel for the individual from filing a petition for habeas corpus pursuant to Section 4801. Notwithstanding subdivision (a) of Section 4801, for purposes of this paragraph, judicial review shall be in the superior court of the county that issued the order of commitment pursuant to this section.
SEC. 2.Section 6509 of the Welfare and Institutions Code is amended to read:6509.(a) If the court finds that the person has a developmental disability, and 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 of the following:
(1)Any licensed community care facility, as defined in Section 1502 of the Health and Safety Code, or any health facility, as defined in Section 1250 of the Health and Safety Code, other than a developmental center or state-operated facility.
(2)The acute crisis center at Fairview Developmental Center, if the person meets the criteria for admission pursuant to paragraph (2) of subdivision (a) of Section 7505.
(3)On or after January 1, 2015, the acute crisis center at Sonoma Developmental Center, if the person meets the criteria for admission pursuant to paragraph (2) of subdivision (a) of Section 7505.
(4)The secure treatment program at Porterville Developmental Center, if the person meets the criteria for admission pursuant to paragraph (3) of subdivision (a) of Section 7505.
(5)Canyon Springs Community Facility, if the person meets the criteria for admission pursuant to paragraph (4) of subdivision (a) of Section 7505.
(5)(6)Any other appropriate placement permitted by law.
(b)(1)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 the placement that the court finds to be the most appropriate and least restrictive 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.
(2)The court, however, may commit a person with a developmental 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.
(c)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.
(d)For persons residing in the secure treatment program at the Porterville Developmental Center, at the persons annual individual program plan meeting the team shall determine if the person should be considered for transition from the secure treatment program to an alternative placement. If the team concludes that an alternative placement is appropriate, the regional center, in coordination with the developmental center, shall conduct a comprehensive assessment and develop a proposed plan to transition the individual from the secure treatment program to the community. The transition plan shall be based upon the individuals needs, developed through the individual program plan process, and shall ensure that needed services and supports will be in place at the time the individual moves. Individual supports and services shall include, when appropriate for the individual, wrap-around services through intensive individualized support services. The clients rights advocate for the regional center shall be notified of the individual program plan meeting and may participate in the meeting unless the consumer objects on his or her own behalf. The individuals transition plan shall be provided to the court as part of the notice required pursuant to subdivision (e).
(e)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, 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. 3.Section 7502.6 is added to the Welfare and Institutions Code, to read:7502.6.(a)Notwithstanding any other law or regulation, commencing with the effective date of this section and until June 30, 2021, a court may order the commitment of an individual to a separate and distinct unit of Canyon Springs Community Facility, as provided in paragraph (4) of subdivision (a) of Section 7505. No more than ten beds at the facility shall be designated for this purpose.
(b)Prior to admission to Canyon Springs Community Facility of an individual meeting the criteria of paragraph (4) of subdivision (a) of Section 7505, the regional center and regional resource development project shall follow the preadmission procedures, including notification and assessment procedures, specified in subdivisions (a) to (c), inclusive, of Section 4418.7. Upon admission, the postadmission procedures and timelines specified in subdivision (e) of Section 4418.7 will apply.
SEC. 4.Section 7505 of the Welfare and Institutions Code is amended to read:7505.(a)Notwithstanding any other law, the State Department of Developmental Services shall not admit anyone to a developmental center unless the person has been determined eligible for services under Division 4.5 (commencing with Section 4500) and the person is any of the following:
(1)An adult committed by a court to Porterville Developmental Center, secure treatment program, pursuant to Section 1370.1 of the Penal Code.
(2)Committed by a court to the acute crisis center at Fairview Developmental Center, or the acute crisis center at Sonoma Developmental Center, pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 due to an acute crisis, pursuant to Section 4418.7.
(3)An adult committed by a court to Porterville Developmental Center, secure treatment program, pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 as a result of involvement with the criminal justice system, and the court has determined the person is mentally incompetent to stand trial.
(4)A person committed by a court on or before June 30, 2021, to Canyon Springs Community Facility pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 who otherwise meets the criteria for admission described in Section 4418.7 due to an acute crisis, as defined in paragraph (1) of subdivision (d) of Section 4418.7.
(4)(5)A person described in Section 4508.
(b)Under no circumstances shall the State Department of Developmental Services admit a person to a developmental center after July 1, 2012, as a result of a criminal conviction or when the person is competent to stand trial for the criminal offense and the admission is ordered in lieu of trial.
SECTION 1.Section 19332.5 of the Business and Professions Code is amended to read:19332.5.(a)Not later than January 1, 2020, the Department of Food and Agriculture shall make available a certified organic designation and organic certification program for medical cannabis cultivation, if permitted under federal law and the National Organic Program (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.)), and Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code.(b)The Department of Food and Agriculture may establish appellations of origin for cannabis grown in California.(c)It is unlawful for medical cannabis to be advertised, marketed, labeled, or sold as grown in a California county when the medical cannabis was not grown in that county.(d)It is unlawful to use the name of a California county, including any similar sounding name that is likely to mislead consumers as to the origin of the product, in the advertising, labeling, marketing, or packaging of medical cannabis products unless the product was grown in that county.SEC. 2.Section 26063 of the Business and Professions Code is amended to read:26063.(a)The bureau shall establish standards for recognition of a particular appellation of origin applicable to marijuana grown or cultivated in a certain geographical area in California.(b)Marijuana shall not be advertised, marketed, labeled, or sold as grown in a California county when the marijuana was not grown in that county.(c)The name of a California county, including any similar name that is likely to mislead consumers as to the origin of the product, shall not be used in the advertising, labeling, marketing, or packaging of marijuana products unless the marijuana contained in the product was grown in that county.SEC. 3.The Legislature finds and declares that Section 2 of this act implements substantive provisions of the Control, Regulate and Tax Adult Use of Marijuana Act and is consistent with and furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.(a)Not later than January 1, 2020, the Department of Food and Agriculture shall make available a certified organic designation and organic certification program for medical cannabis cultivation, if permitted under federal law and the National Organic Program (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.)), and Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code.
(b)The Department of Food and Agriculture may establish appellations of origin for cannabis grown in California.
(c)It is unlawful for medical cannabis to be advertised, marketed, labeled, or sold as grown in a California county when the medical cannabis was not grown in that county.
(d)It is unlawful to use the name of a California county, including any similar sounding name that is likely to mislead consumers as to the origin of the product, in the advertising, labeling, marketing, or packaging of medical cannabis products unless the product was grown in that county.
SEC. 2.Section 26063 of the Business and Professions Code is amended to read:26063.(a)The bureau shall establish standards for recognition of a particular appellation of origin applicable to marijuana grown or cultivated in a certain geographical area in California.
(b)Marijuana shall not be advertised, marketed, labeled, or sold as grown in a California county when the marijuana was not grown in that county.
(c)The name of a California county, including any similar name that is likely to mislead consumers as to the origin of the product, shall not be used in the advertising, labeling, marketing, or packaging of marijuana products unless the marijuana contained in the product was grown in that county.
SEC. 3.The Legislature finds and declares that Section 2 of this act implements substantive provisions of the Control, Regulate and Tax Adult Use of Marijuana Act and is consistent with and furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
(a)Not later than January 1, 2020, the Department of Food and Agriculture shall make available a certified organic designation and organic certification program for medical cannabis cultivation, if permitted under federal law and the National Organic Program (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.)), and Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code.
(b)The Department of Food and Agriculture may establish appellations of origin for cannabis grown in California.
(c)It is unlawful for medical cannabis to be marketed, labeled, or sold as grown in a California county when the medical cannabis was not grown in that county.
(d)It is unlawful to use the name of a California county county, including any similar sounding name that is likely to mislead consumers as to the origin of the product, in the labeling, marketing, or packaging of medical cannabis products unless the product was grown in that county.
SEC. 2.Section 26063 of the Business and Professions Code is amended to read:26063.(a)The bureau shall establish standards for recognition of a particular appellation of origin applicable to marijuana grown or cultivated in a certain geographical area in California.
(b)Marijuana shall not be marketed, labeled, or sold as grown in a California county when the marijuana was not grown in that county.
(c)The name of a California county county, including any similar name that is likely to mislead consumers as to the origin of the product, shall not be used in the labeling, marketing, or packaging of marijuana products unless the marijuana contained in the product was grown in that county.
SEC. 3.The Legislature finds and declares that Section 2 of this act implements substantive provisions of the Control, Regulate and Tax Adult Use of Marijuana Act and is consistent with and furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
|
Date
|
Status
|
|---|---|
| Sep 28, 2018 | Chaptered by Secretary of State. Chapter 884, Statutes of 2018. |
| Sep 28, 2018 | Approved by the Governor. |
| Aug 30, 2018 | Enrolled and presented to the Governor at 5 p.m. |
| Aug 24, 2018 | Urgency clause adopted. |
| Aug 21, 2018 | From committee: That the Assembly amendments be concurred in. (Ayes 5. Noes 0.) |
| Aug 21, 2018 | Set for hearing August 21. |
| Aug 20, 2018 | From committee: Be re-referred to Com. on HUMAN S. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0.) Re-referred to Com. on HUMAN S. |
| Aug 20, 2018 | Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(d). |
| Aug 16, 2018 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 16, 2018 | Read third time. Urgency clause adopted. Passed. Ordered to the Senate. |
| Aug 9, 2018 | Read second time. Ordered to consent calendar. |
| Aug 8, 2018 | From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 8). |
| Aug 6, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Jul 2, 2018 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 28, 2018 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 28). |
| Jun 27, 2018 | From committee: Do pass and re-refer to Com. on JUD. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 26). Re-referred to Com. on JUD. |
| Jun 21, 2018 | Assembly Rule 56 suspended. |
| Jun 14, 2018 | From committee: Be re-referred to Coms. on HUM. S. and JUD. (Ayes 7. Noes 0.) (June 14). Re-referred to Com. on HUM. S. |
| Jun 4, 2018 | Re-referred to Com. on RLS. pursuant to Assembly Rule 96. |
| Jun 4, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on AGRI. |
| May 31, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on AGRI. |
| Jun 15, 2017 | Referred to Coms. on AGRI. and B. & P. |
| Apr 20, 2017 | In Assembly. Read first time. Held at Desk. |
| Apr 20, 2017 | Read third time. Passed. (Ayes 36. Noes 4. Page 765.) Ordered to the Assembly. |
| Apr 18, 2017 | Read second time. Ordered to third reading. |
| Apr 17, 2017 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Apr 5, 2017 | Set for hearing April 17. |
| Mar 27, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 488.) (March 27). Re-referred to Com. on APPR. |
| Mar 16, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D. |
| Mar 16, 2017 | Set for hearing March 27. |
| Feb 2, 2017 | Referred to Com. on B., P. & E.D. |
| Jan 24, 2017 | From printer. May be acted upon on or after February 23. |
| Jan 23, 2017 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 24, 2018 | Unfinished Business SB175 McGuire et al. Urgency Clause Concurrence | Senate Floor |
Passed |
|
| Aug 21, 2018 | That the Assembly amendments be concurred in | Senate Standing Committee on Human Services |
Passed |
|
| Aug 16, 2018 | SB 175 McGuire Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Aug 8, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 28, 2018 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Judiciary |
Passed |
|
| Jun 26, 2018 | Do pass and be re-referred to the Committee on [Judiciary] with recommendation: To Consent Calendar | Assembly Standing Committee on Human Services |
Passed |
|
| Jun 14, 2018 | Be re-referred to the Committees on [Human Services] and [Judiciary] | Assembly Standing Committee on Rules |
Passed |
|
| Apr 20, 2017 | Fav/CS with SB 1454 | Senate Floor |
Passed |
|
| Mar 27, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| 707 Cannabis Coalition | * Indeterminate | Mar 27, 2017 |
| Association Of Regional Center Agencies | ** Support | Aug 21, 2018 |
| California Cannabis Industry Association | * Indeterminate | Mar 27, 2017 |
| California Growers Association | ** Support | Apr 19, 2017 |
| California State Association Of Counties | ** Support | Apr 19, 2017 |
| Disability Rights California | ** Support | Aug 21, 2018 |
| Green Party of California | * Indeterminate | Mar 27, 2017 |
| Humboldt County Board of Supervisors | ** Support | Apr 19, 2017 |
| Rural County Representatives of California | ** Support | Apr 19, 2017 |
| The Drug Policy Alliance | ** Support | Apr 19, 2017 |
| Walmart Stores Inc. | * Indeterminate | Mar 27, 2017 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 175
:
PRIOR VOTES NOT RELEVANT
SENATE HUMAN SERVICES COMMITTEE: 5-0, 8/21/18 (Pursuant to Senate Rule 29.10)
AYES: Wiener, Leyva, McGuire, Nguyen, Portantino
NO VOTE RECORDED: Berryhill, Glazer
ASSEMBLY FLOOR: 76-0, 8/16/18 (Consent) - See last page for vote
DIGEST:
This bill, an urgency measure, allows a court, until June 30, 2021, to admit a person with a developmental disability, to a separate and distinct unit at the Canyon Springs Community Facility due to an acute crisis.
Assembly Amendments
remove the original content of this bill and add the current language.
Existing law:
- Establishes the Lanterman Developmental Disabilities Services Act, which declares California’s responsibility for providing an array of services and supports to meet the needs of each person with developmental disabilities in the least restrictive environment, regardless of age or degree of disability, and to support their integration into the mainstream life of the community. (WIC 4500, et seq.)
- Establishes a system of nonprofit regional centers to provide fixed points of contact in the community for all persons with developmental disabilities and their families, to coordinate services and supports best suited to them throughout their lifetime. (WIC 4620)
- Creates a process by which regional centers may “vendorize” service providers, thereby providing a path to contract for services with that provider and ensuring maximum flexibility and availability of appropriate services and support for persons with developmental disabilities. (WIC 4648)
- Establishes the jurisdiction of the Department of Developmental Services (DDS) over state developmental centers, including Sonoma, Fairview and Porterville developmental centers and the responsibility of each facility to create bylaws and rules, as specified. (WIC 4440)
- Defines “acute crisis” as a situation where a consumer meets certain criteria and there is imminent risk for substantial harm to self or others; the service and support needs of the consumer cannot be met in the community, as specified; and the consumer requires a more restrictive environment for crisis stabilization due to serious and potentially life-threatening conditions. (WIC 4418.7 (d)(1))
- Allows an individual with developmental disabilities to be released from a developmental center for provisional placement, with parental consent in the case of a minor, or with the consent of an adult person with developmental disabilities, or with the consent of the guardian or conservator of the person with developmental disabilities, not to exceed 12 months, and requires those individuals be referred to a regional center for services. Further, allows those persons to have an automatic right of return to the developmental center during the time of provisional placement. (WIC 4508)
- Defines an “Institution for Mental Diseases” (IMD) as a hospital, nursing facility, or other institution of more than 16 beds that is primarily engaged in providing diagnosis, treatment or care of persons with mental disorders, including medical attention, nursing care, and related services. (9 CCR 1810.222.1)
- Allows a regional center to place consumers in IMDs in instances of emergencies, as determined by the regional center, if the regional center cannot locate alternative services to meet the consumer’s needs, and prohibits placement in an IMD from exceeding 180 days. (WIC 4648 (a)(9)(C))
- Allows the court, if the court finds that a person has a developmental disability and is a danger to himself, herself, or others, to make an order that the person be committed to DDS for suitable treatment and habilitation services, which includes the acute crisis centers at Fairview Developmental Center (FDC) and Sonoma Developmental Center (SDC), and the secure treatment program at Porterville Developmental Center (PDC), among others. (WIC 6509 (a))
- Prohibits DDS from admitting anyone to a developmental center unless the person has been deemed eligible and the person meets certain eligibility criteria, including if that person is an adult who has been committed by a court to the acute crisis center at FDC or SDC, among other criteria. (WIC 7505 (a))
This bill:
- Includes Canyon Springs Community Facility among the placement options for individuals who are found by the court to have a developmental disability and to be a danger to themselves or to others, and who the court has ordered to be committed to DDS for treatment, if they meet certain criteria as defined by the provisions of this bill.
- Allows the court, upon implementation of this bill and until June 30, 3021, to order the commitment of an individual to a separate and distinct unit of Canyon Springs Community Facility if certain criteria, as defined by the provisions of this bill, are met.
- Authorizes no more than 10 beds at Canyon Springs Community Facility to be designated for the purpose of placing individuals committed pursuant to the provisions of this bill.
- Requires regional centers and regional resource development projects, prior to an individual’s admission to Canyon Springs Community Facility, to follow preadmission procedures, including notification and assessment procedures, as specified.
- Subjects the admission of individuals to Canyon Springs Community Facility to the postadmission procedures and timelines defined in current law, as specified.
- Exempts a person committed by a court on or before June 30, 2021 to Canyon Springs Community Facility due to an acute crisis from the prohibition placed on additional admissions to a developmental center by DDS, as specified.
- Includes an urgency clause resulting in immediate enactment of these provisions because of a critical shortage of placement options for persons with challenging mental health treatment needs who are experiencing acute crisis and are in need of immediate mental health services, and by allowing this act take effect immediately, Canyon Springs Community Facility will be able to serve as an additional placement option upon this bill being signed into law by the Governor.
- Makes technical changes.
Background
Purpose of the bill. According to the author, DDS has identified Canyon Springs as a viable resource to meet the needs of individuals requiring acute crisis services while DDS is building the capacity needed to serve these challenging service needs in the community. “SB 175 allows Canyon Springs Community Facility to admit individuals who are experiencing an acute crisis and are ordered by DDS for services to a separate and distinct 10-bed unit at the facility until June 30, 2021,” states the author. “This bill will bridge the gap between the current demand for services and the planned expansion of services through the Safety Net Plan.”
The Lanterman Act. In 1969, the Lanterman Developmental Disability Services Act established an entitlement to services and supports for Californians with developmental disabilities that are required for those individuals to live independently in the community. The Lanterman Act enumerates the rights of individuals with developmental disabilities, as well as the rights of their families, what services and supports are available and how regional centers and services providers work together to provide those supports and services. The Lanterman Act’s intention and structure requires that consumers of services and supports, and where appropriate, their parents, legal guardian, or conservator, should be empowered to make choices in all life areas. The term “developmental disability” is defined as a disability that originates before a person reaches 18 years of age, is expected to continue indefinitely, and is a significant disability for those individuals; such disabilities include, among others: epilepsy, autism spectrum disorder, and cerebral palsy.
The Lanterman Act also created California’s regional center system, comprised of 21 regional centers throughout the state whose primary purpose is to connect individuals with services in the community. Regional centers do not directly provide services to individuals and their families, they are nonprofit private corporations that contract with DDS to provide information and coordinate the delivery of services and supports to more than 282,000 consumers state wide, as of July 2018.
Developmental Centers (DCs). In addition to the regional center system, there are three DCs providing 24-hour residential, medical and dental healthcare, and social treatment services (including physical, occupational and speech therapies, vocational and skill-development programs) to residents. These three DCs are: FDC in Costa Mesa, Orange County; PDC in Porterville, Tulare County; and SDC in Eldridge, Sonoma County. DDS additionally operates Canyon Springs Community Facility, which is a smaller facility that offers an alternative to the larger settings of a DC. Like a DC, Canyon Springs also provides residential services and vocational skills, as well as adult education, and community integration services, among others, for no more than 55 adults with developmental disabilities.
In 2012, AB 1472 (Committee on Budget, Chapter 25, Statutes of 2012) placed a moratorium on admissions to DCs with exceptions for individuals involved in the criminal justice system and consumers experiencing an acute crisis who require short-term stabilization. In January 2014, as a result of the federal Centers for Medicare and Medicaid Services, the U.S. Department of Justice, and the state Department of Public Health having identified myriad problems in California’s DCs, including inadequate care, insufficient staffing, and instances of abuse and neglect, the Task Force on the Future of the DCs released a plan for the long-term future of the DCs. In May 2015, with the exception of the secure treatment program at PDC and Canyon Springs Community Facility, Governor Brown’s administration announced plans to begin the closure of the state’s remaining DCs, with complete closure of the developmental centers to occur by 2021. As of June 27, 2018, SDC is serving 83 individuals, FDC is serving 111 individuals, and PDC is serving 269 individuals. In March of 2015, prior to the announcement of the plan for closure, SDC was serving 410 individuals, FDC was serving 281 individuals, and PDC was serving 373 individuals.
Acute Crisis Centers. As of January 2015, SB 856 (Committee on Budget, Chapter 30, Statutes of 2014) allowed DDS to establish acute crisis centers on the SDC and FDC campuses in order to provide short-term stabilization services for no more than five individuals with developmental disabilities. Admission into an acute crisis center is based on specified criteria due to an acute crisis with the overarching goal of providing person-centered treatment that will expedite the person’s return to either their prior residence, or a more suitable community-based residential center, within ideally 90 days but no longer than one year form the date of admission. To qualify, individuals must meet the following requirements:
- Qualify under state and federal requirements for admission to a DC;
- Pose an imminent risk for substantial harm to self or others;
- Require services and supports that cannot be met in the community;
- Have serious or potentially life threatening conditions which require a more restrictive environment for crisis stabilization; and
- Determined to be safe to serve in the acute crisis center.
Prior to admission, individuals identified as needing crisis services undergo comprehensive assessments to determine the need and qualification for crisis admission. If determined to qualify for acute crisis centers, an interdisciplinary team uses the assessment as the basis for formulating an Individual Program Plan. The acute crisis center offers the individual a comprehensive system of treatment, training, education, recreation, and community involvement developed by their interdisciplinary team in a homelike setting.
Current law limits the circumstances in which an individual may be civilly admitted to a state institution for persons with developmental disabilities to those in which an individual is referred to one of the two acute crisis centers by court order.
When acute crisis services placements are not available, an individual may be placed in an IMD to ensure provision of services. IMDs are often highly restrictive settings that focus primarily on the treatment of psychiatric disorders. Furthermore, IMDs are intended to be short term stabilization placement options, but a lack of beds in existing acute crisis centers can result in individuals being placed in IMDs for arguably lengthy periods of time.
In 2014, DDS was authorized to develop two new models of care to support individuals with challenging service needs in their communities: Enhanced Behavioral Support Homes and Community Crisis Homes (CCHs). DDS reports in its 2017 Safety Net Plan that regional centers have proposed and are developing these two models of care. DDS reports 20 planned CCHs with the projected capacity of 85 residents, of these 11 have properties that are actively in the conversion process and expect to be completed by January 2019. The remaining nine are in the property search phases and have projected service dates that range from December 2018 to July 2019. However, while this capacity is being built, DDS reports that 14 individuals have been referred to acute crisis centers, but there are no beds available for them. While waiting for an acute crisis placement, these individuals may be placed in IMDs or even out of state if there is no appropriate placement available locally. This bill proposes a temporary measure to allow, until June 30, 2021, the Canyon Springs Community Facility to operate an acute crisis center for no more than 10 individuals. According to DDS, this January 1, 2021 sunset date will ensure continued availability of a state-operated crisis care option, if it is needed, while community based capacity is increased.
Related/Prior Legislation
SB 856 (Committee on Budget, Chapter 30, Statutes of 2014) enabled DDS to establish acute crisis centers at the SDC and FDC campuses.
AB 1472 (Committee on Budget, Chapter 25, Statutes of 2012) placed a moratorium on admissions to DCs, with certain exceptions.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee, this bill may result in the following costs:
- Negligible costs to DDS. The Canyon Springs facility is already staffed to serve the additional individuals who would be placed there.
- Potential overall state savings to the extent individuals are placed at the Canyon Springs facility who might otherwise be placed at state funded locked facilities.
- Negligible costs to the courts.
Association of Regional Center Agencies
Disability Rights California
OPPOSITION: (Verified 8/21/18)
None received
ASSEMBLY FLOOR: 76-0, 8/16/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Maienschein, Mathis, Mayes, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rivas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Bloom, Cristina Garcia, Low, McCarty
8/21/18 19:09:29
**** END ****
SENATE COMMITTEE ON HUMAN SERVICES
Senator Wiener, Chair
2017 - 2018 Regular
Bill No: SB 175
Author: | McGuire | ||
Version: | August 6, 2018 | Hearing Date: | August 21, 2018 |
Urgency: | Yes | Fiscal: | Yes |
Consultant: | Marisa Shea | ||
Subject: Developmental services: Canyon Springs Community Facility.
SUMMARY
This bill, an urgency measure, allows a court, until June 30, 2021, to admit a person with a developmental disability, to a separate and distinct unit at the Canyon Springs Community Facility due to an acute crisis.
ABSTRACT
Existing law:
- Establishes the Lanterman Developmental Disabilities Services Act, which declares California’s responsibility for providing an array of services and supports to meet the needs of each person with developmental disabilities in the least restrictive environment, regardless of age or degree of disability, and to support their integration into the mainstream life of the community. (WIC 4500, et seq.)
- Establishes a system of nonprofit regional centers to provide fixed points of contact in the community for all persons with developmental disabilities and their families, to coordinate services and supports best suited to them throughout their lifetime. (WIC 4620)
- Creates a process by which regional centers may “vendorize” service providers, thereby providing a path to contract for services with that provider and ensuring maximum flexibility and availability of appropriate services and support for persons with developmental disabilities. (WIC 4648)
- Establishes the jurisdiction of the Department of Developmental Services (DDS) over state developmental centers, including Sonoma, Fairview and Porterville developmental centers and the responsibility of each facility to create bylaws and rules, as specified. (WIC 4440)
- Defines “acute crisis” as a situation where a consumer meets certain criteria and there is imminent risk for substantial harm to self or others; the service and support needs of the consumer cannot be met in the community, as specified; and the consumer requires a more restrictive environment for crisis stabilization due to serious and potentially life-threatening conditions. (WIC 4418.7 (d)(1))
- Allows an individual with developmental disabilities to be released from a developmental center for provisional placement, with parental consent in the case of a minor, or with the consent of an adult person with developmental disabilities, or with the consent of the guardian or conservator of the person with developmental disabilities, not to exceed 12 months, and requires those individuals be referred to a regional center for services. Further, allows those persons to have an automatic right of return to the developmental center during the time of provisional placement. (WIC 4508)
- Defines an “Institution for Mental Diseases” (IMD) as a hospital, nursing facility, or other institution of more than 16 beds that is primarily engaged in providing diagnosis, treatment or care of persons with mental disorders, including medical attention, nursing care, and related services. (9 CCR 1810.222.1)
- Allows a regional center to place consumers in IMDs in instances of emergencies, as determined by the regional center, if the regional center cannot locate alternative services to meet the consumer’s needs, and prohibits placement in an IMD from exceeding 180 days. (WIC 4648 (a)(9)(C))
- Allows the court, if the court finds that a person has a developmental disability and is a danger to himself, herself, or others, to make an order that the person be committed to DDS for suitable treatment and habilitation services, which includes the acute crisis centers at Fairview Developmental Center (FDC) and Sonoma Developmental Center (SDC), and the secure treatment program at Porterville Developmental Center (PDC), among others. (WIC 6509 (a))
- Prohibits DDS from admitting anyone to a developmental center unless the person has been deemed eligible and the person meets certain eligibility criteria, including if that person is an adult who has been committed by a court to the acute crisis center at FDC or SDC, among other criteria. (WIC 7505 (a))
This bill:
- Includes Canyon Springs Community Facility among the placement options for individuals who are found by the court to have a developmental disability and to be a danger to themselves or to others, and who the court has ordered to be committed to DDS for treatment, if they meet certain criteria as defined by the provisions of this bill.
- Allows the court, upon implementation of this bill and until June 30, 3021, to order the commitment of an individual to a separate and distinct unit of Canyon Springs Community Facility if certain criteria, as defined by the provisions of this bill, are met.
- Authorizes no more than ten beds at Canyon Springs Community Facility to be designated for the purpose of placing individuals committed pursuant to the provisions of this bill.
- Requires regional centers and regional resource development projects, prior to an individual’s admission to Canyon Springs Community Facility, to follow preadmission procedures, including notification and assessment procedures, as specified.
- Subjects the admission of individuals to Canyon Springs Community Facility to the postadmission procedures and timelines defined in current law, as specified.
- Exempts a person committed by a court on or before June 30, 2021 to Canyon Springs Community Facility due to an acute crisis from the prohibition placed on additional admissions to a developmental center by DDS, as specified.
- Includes an urgency clause resulting in immediate enactment of these provisions because of a critical shortage of placement options for persons with challenging mental health treatment needs who are experiencing acute crisis and are in need of immediate mental health services, and by allowing this act take effect immediately, Canyon Springs Community Facility will be able to serve as an additional placement option upon this bill being signed into law by the Governor.
- Makes technical changes.
FISCAL IMPACT
According to the Assembly Committee on Appropriations on August 8, 2018, this bill may result in the following costs:
- Negligible costs to DDS. The Canyon Springs facility is already staffed to serve the additional individuals who would be placed there.
- Potential overall state savings to the extent individuals are placed at the Canyon Springs facility who might otherwise be placed at state funded locked facilities.
- Negligible costs to the courts.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, DDS has identified Canyon Springs as a viable resource to meet the needs of individuals requiring acute crisis services while DDS is building the capacity needed to serve these challenging service needs in the community. “SB 175 allows Canyon Springs Community Facility to admit individuals who are experiencing an acute crisis and are ordered by DDS for services to a separate and distinct 10-bed unit at the facility until June 30, 2021,” states the author. “This bill will bridge the gap between the current demand for services and the planned expansion of services through the Safety Net Plan.”
The Lanterman Act
In 1969, the Lanterman Developmental Disability Services Act established an entitlement to services and supports for Californians with developmental disabilities that are required for those individuals to live independently in the community. The Lanterman Act enumerates the rights of individuals with developmental disabilities, as well as the rights of their families, what services and supports are available and how regional centers and services providers work together to provide those supports and services. The Lanterman Act’s intention and structure requires that consumers of services and supports, and where appropriate, their parents, legal guardian, or conservator, should be empowered to make choices in all life areas. The term “developmental disability” is defined as a disability that originates before a person reaches 18 years of age, is expected to continue indefinitely, and is a significant disability for those individuals; such disabilities include, among others: epilepsy, autism spectrum disorder, and cerebral palsy.
The Lanterman Act also created California’s regional center system, comprised of 21 regional centers throughout the state whose primary purpose is to connect individuals with services in the community. Regional centers do not directly provide services to individuals and their families, they are nonprofit private corporations that contract with DDS to provide information and coordinate the delivery of services and supports to more than 282,000 consumers state wide, as of July 2018.
Developmental Centers
In addition to the regional center system, there are three Developmental Centers (DCs) providing 24-hour residential, medical and dental healthcare, and social treatment services (including physical, occupational and speech therapies, vocational and skill-development programs) to residents. These three DCs are: Fairview Developmental Center (FDC) in Costa Mesa, Orange County; Porterville Developmental Center (PDC) in Porterville, Tulare County; and Sonoma Developmental Center (SDC) in Eldridge, Sonoma County. DDS additionally operates Canyon Springs Community Facility, which is a smaller facility that offers an alternative to the larger settings of a DC. Like a DC, Canyon Springs also provides residential services and vocational skills, as well as adult education, and community integration services, among others, for no more than 55 adults with developmental disabilities.
In 2012, AB 1472 (Committee on Budget, Chapter 25, Statutes of 2012) placed a moratorium on admissions to DCs with exceptions for individuals involved in the criminal justice system and consumers experiencing an acute crisis who require short-term stabilization. In January 2014, as a result of the federal Centers for Medicare and Medicaid Services, the U.S. Department of Justice, and the state Department of Public Health having identified myriad problems in California’s DCs, including inadequate care, insufficient staffing, and instances of abuse and neglect, the Task Force on the Future of the DCs released a plan for the long-term future of the DCs. In May 2015, with the exception of the secure treatment program at PDC and Canyon Springs Community Facility, Governor Brown’s administration announced plans to begin the closure of the state’s remaining DCs, with complete closure of the developmental centers to occur by 2021. As of June 27, 2018, SDC is serving 83 individuals, FDC is serving 111 individuals, and PDC is serving 269 individuals. In March of 2015, prior to the announcement of the plan for closure, SDC was serving 410 individuals, FDC was serving 281 individuals, and PDC was serving 373 individuals.
Acute Crisis Centers
As of January 2015, SB 856 (Committee on Budget, Chapter 30, Statutes of 2014) allowed DDS to establish acute crisis centers on the SDC and FDC campuses in order to provide short-term stabilization services for no more than five individuals with developmental disabilities. Admission into an acute crisis center is based on specified criteria due to an acute crisis with the overarching goal of providing person-centered treatment that will expedite the person’s return to either their prior residence, or a more suitable community-based residential center, within ideally 90 days but no longer than one year form the date of admission. To qualify, individuals must meet the following requirements:
- Qualify under state and federal requirements for admission to a DC;
- Pose an imminent risk for substantial harm to self or others;
- Require services and supports that cannot be met in the community;
- Have serious or potentially life threatening conditions which require a more restrictive environment for crisis stabilization; and
- Determined to be safe to serve in the acute crisis center.
Prior to admission, individuals identified as needing crisis services undergo comprehensive assessments to determine the need and qualification for crisis admission. If determined to qualify for acute crisis centers, an interdisciplinary team uses the assessment as the basis for formulating an Individual Program Plan (IPP). The acute crisis center offers the individual a comprehensive system of treatment, training, education, recreation, and community involvement developed by their interdisciplinary team in a homelike setting.
Current law limits the circumstances in which an individual may be civilly admitted to a state institution for persons with developmental disabilities to those in which an individual is referred to one of the two acute crisis centers by court order.
When acute crisis services placements are not available, an individual may be placed in an IMD to ensure provision of services. IMDs are often highly restrictive settings that focus primarily on the treatment of psychiatric disorders. Furthermore, IMDs are intended to be short term stabilization placement options, but a lack of beds in existing acute crisis centers can result in individuals being placed in IMDs for arguably lengthy periods of time.
In 2014, DDS was authorized to develop two new models of care to support individuals with challenging service needs in their communities: Enhanced Behavioral Support Homes (EBSHs) and Community Crisis Homes (CCHs). DDS reports in its 2017 Safety Net Plan that regional centers have proposed and are developing these two models of care. DDS reports 20 planned CCHs with the projected capacity of 85 residents, of these 11 have properties that are actively in the conversion process and expect to be completed by January 2019. The remaining nine are in the property search phases and have projected service dates that range from December 2018 to July 2019. However, while this capacity is being built, DDS reports that 14 individuals have been referred to acute crisis centers, but there are no beds available for them. While waiting for an acute crisis placement, these individuals may be placed in IMDs or even out of state if there is no appropriate placement available locally. This bill proposes a temporary measure to allow, until June 30, 2021, the Canyon Springs Community Facility to operate an acute crisis center for no more than 10 individuals. According to DDS, this January 1, 2021 sunset date will ensure continued availability of a state-operated crisis care option, if it is needed, while community based capacity is increased.
Related legislation:
SB 856 (Committee on Budget, Chapter 30, Statutes of 2014) enabled DDS to establish acute crisis centers at the SDC and FDC campuses.
AB 1472 (Committee on Budget, Chapter 25, Statutes of 2012) placed a moratorium on admissions to developmental centers, with certain exceptions.
PRIOR VOTES
Assembly Floor: |
|
Assembly Appropriations Committee: | 17 - 0 |
Assembly Rules Committee: | 7 - 0 |
POSITIONS
Support:
Disability Rights California
The Association of Regional Center Agencies
Oppose:
None received
-- END --
Date of Hearing: August 8, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 175
Author:(McGuire) – As Amended Ver:August 6, 2018
Policy Committee: | Rules | Vote: | 7 - 0 |
Human Services | 7 - 0 | ||
Judiciary | 9 - 0 |
Urgency: Yes State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill, an urgency measure, allows a court, until June 30, 2021, to admit a person with a developmental disability, to a separate and distinct unit at the Canyon Springs Community Facility due to an acute crisis. Specifically, this bill:
- Includes Canyon Springs Community Facility among the placement options for individuals who are found by the court to have a developmental disability and to be a danger to themselves or to others, and who the court has ordered to be committed to DDS for treatment, if they meet certain criteria as defined by this bill.
- Allows, until June 30, 2021, a court to order the commitment of an individual to a separate and distinct unit of the Canyon Springs Community Facility and provides that no more than ten beds at the facility may be designated for this purpose.
- Requires, prior to admission to the Canyon Springs Community Facility of an individual meeting the criteria for admission, the regional center and regional resource development project to follow the preadmission procedures, including notification and assessment procedures, specified in current law.
- Contains chaptering out amendments to resolve conflicts with SB 1494 (Committee on Public Safety).
FISCAL EFFECT:
- Negligible costs to DDS. The Canyon Springs facility is already staffed to serve the additional individuals who would be placed there.
- Potential overall state savings to the extent individuals are placed at the Canyon Springs facility who might otherwise be placed at state funded locked facilities.
- Negligible costs to the courts.
COMMENTS:
- Purpose. This bill seeks to mitigate the high demand for acute crisis beds in California by allowing the Canyon Spring Community Facility to admit individuals who are experiencing an acute crisis and are ordered by a court to DDS for services. Utilizing Canyon Springs until June 30, 2021, for stabilization for 10 individuals will provide critically needed services prior to completion of the community resources now in development. This bill is also intended to help prevent placements into and allow more timely transitions out of highly restrictive settings, including Institutions for Mental Disease (IMDs) and other locked psychiatric settings.
- Background. The Lanterman-Petris-Short (LPS) Act was enacted in the 1960s to develop a statutory process under which individuals with developmental disabilities and their families have a right to receive the necessary supports and services required to live independently in the community. Among other things, the LPS Act established a process by which individuals could be involuntarily held and treated in a mental health facility in a manner that safeguarded their constitutional rights.
Historically, individuals who were committed under the LPS Act were often housed and treated at one of the state’s Developmental Centers (DCs). However, in 2012, AB 1472 (Committee on Budget), Chapter 25, Statutes of 2012, placed a moratorium on admissions to DCs with exceptions for individuals who were involved in the criminal justice system and consumers who were experiencing an acute crisis and required short-term stabilization.
In addition, due to documentation of extensive problems at the DCs, Governor Brown’s administration announced plans in May 2015 to begin the closure of the state’s remaining developmental centers (with the exception of the secure treatment program at Porterville DC and Canyon Springs Community Facility), with complete closure of the developmental centers scheduled to occur by 2021.
As a result of the ongoing closures, DDS operates just two facilities in the state--at Fairview Developmental Center (in Costa Mesa) and the acute crisis center at Sonoma Developmental Center--for developmentally disabled individuals who are committed by a court to the custody of DDS because they are a danger to self or others and who are in acute crisis. These facilities are known as “STAR residences.”
Admissions to a STAR residence require that the individual be experiencing an “acute crisis” and are limited to a maximum of 13 months. The two current STAR residences have a capacity of five beds each. Since the establishment of the STAR residences, active referrals have exceeded capacity. According to DDS, the STAR residences are both at capacity, with 19 individuals on the referral/waiting list. When there are no vacancies in the STAR residences, individuals instead have been admitted to, or have remained in IMDs or other locked psychiatric facilities.
In order to facilitate the housing and treatment of these consumers in less-restrictive settings, this bill would authorize DDS to establish a ten-bed acute crisis center at the Canyon Springs Community Facility, similar to existing facilities on the Sonoma DC and Fairview DC campuses.
- Prior Legislation. SB 856 (Committee on Budget, Chapter 30, Statutes of 2014) enabled DDS to establish acute crisis centers at the Sonoma and Fairview DC campuses.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: June 28, 2018
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
SBPCA Bill Id:SB 175
Author:(McGuire) – As Amended Ver:June 4, 2018
As Proposed to be Amended
SENATE VOTE: NOT RELEVANT
SUBJECT: DEVELOPMENTAL SERVICES: CANYON SPRINGS COMMUNITY FACILITY
KEY ISSUES:
- IN ORDER TO ADDRESS A SEVERE SHORTAGE OF PLACEMENTS OUTSIDE OF LOCKED PSYCHIATRIC FACILITIES WHICH ARE AVAILABLE TO PERSONS WITH DEVELOPMENTAL DISABILITIES, COMMITTED BY A COURT TO THE CARE OF THE DEPARTMENT OF DEVELOPMENTAL SERVICES (DDS), AND IN ACUTE CRISIS, SHOULD THE CANYON SPRINGS COMMUNITY FACILITY BE AUTHORIZED, ON A TEMPORARY BASIS, TO PROVIDE SERVICES TO A MAXIMUM OF TEN SUCH PERSONS?
- DUE TO THE SEVERE SHORTAGE OF PLACEMENTS FOR INDIVIDUALS IN THIS ESPECIALLY VULNERABLE POPULATION WHO ARE DIFFICULT TO TREAT AND OFTEN CONFINED IN LOCKED PSYCHIATRIC FACILITIES, SHOULD THIS BILL, ALLOWING TEN ADDITIONAL BEDS IN HOME-LIKE SETTINGS TO BE AVAILABLE AT THE CANYON SPRINGS COMMUNITY FACILITY, TAKE EFFECT IMMEDIATELY?
SYNOPSIS
The Lanterman-Petris-Short (LPS) Act was enacted in the 1960s to develop a statutory process under which individuals with developmental disabilities and their families have a right to receive the necessary supports and services required to live independently in the community. Among other things, the LPS Act established a process by which individuals could be involuntarily held and treated in a mental health facility in a manner that safeguarded their constitutional rights. For example, the LPS Act provided the person with a right to a court hearing prior to commitment, notice and the right to be heard, the right to counsel appointed at no charge for those who cannot afford to hire their own attorneys, and the right to have the court order of commitment expire unless renewed, along with all of the mandated procedural rights associated with the original commitment hearing.
In the past, one treatment option for individuals who were committed under the LPS Act was to be housed and treated at one of the state’s Developmental Centers (DCs). But in May of 2015, as a result of numerous investigations by government and consumer watchdog agencies, the state’s DCs were determined to have extensive problems, including inadequate care, insufficient staffing, and instances of abuse and neglect. As a result, the DCs were ordered to be closed with the exception of the secure treatment program at Porterville DC and Canyon Springs Community Facility. The complete closure of all developmental centers is scheduled to occur by 2021. However, DDS was given the authority to establish acute crisis centers on the Sonoma DC and Fairview DC campuses in order to provide short-term stabilization for no more than five individuals with developmental disabilities. The centers offer a home-like setting that are independent from the other DC units and aim to facilitate an individual’s reintegration into the community, either to their previous residence or to a community-based residential setting. These facilities are known as “STAR residences.” Admissions to a STAR residence require that the individual be experiencing an “acute crisis” and are limited to a maximum of 13 months. The two current STAR residences have a capacity of five beds each. Currently, according to information from DDS, the STAR residences are both at capacity and 19 individuals are on the referral/waiting list. When there are no vacancies in the STAR residences, many of the individuals referred to the residences have instead been admitted to, or have remained in Institutions for Mental Disease (IMD) or other locked psychiatric facilities.
This author-sponsored bill would expand the power of a court to admit a person with a developmental disability to the custody of the State Department of Developmental Services, specifically allowing such persons to be committed, until June 30, 2021, to a separate and distinct unit at the Canyon Springs Community Facility due to an acute crisis. When the bill passed the Senate, it addressed a completely different issue. Therefore, this bill has not previously been approved by the Senate. It was scheduled to be heard by the Assembly Human Services Committee Tuesday afternoon, June 26th. The author proposes to make these changes to existing law effective immediately by amending the bill to include an urgency clause. That amendment, which must be adopted and approved in Committee, is reflected in the analysis. The bill is supported by the Association of Regional Center Agencies and has no opposition on file.
SUMMARY: Expands the power of a court to admit a person with a developmental disability to the custody of the State Department of Developmental Services, specifically allowing such persons to be committed, until June 30, 2021, to a separate and distinct unit at the Canyon Springs Community Facility due to an acute crisis. Specifically, this bill:
- Allows, as an exception to the general rule that a person with a developmental disability shall not be committed to the State Department of Developmental Services for placement in a state developmental center or state-operated community facility, a person with a developmental disability who is also dangerous to self or others or currently is a resident of a state developmental center or state-operated community facility, to be placed at the Canyon Springs Community Facility, if the person meets the criteria in existing law for commitment by a court to the secure treatment programs at the acute crisis center at the Fairview Developmental Center, or the acute crisis center at the Sonoma Developmental Center and is committed to the facility by a court on or before June 30, 2021.
- Provides that notwithstanding any other law or regulation, until June 30, 2021, a court may order the commitment of an individual to a separate and distinct unit of the Canyon Springs Community Facility and provides that no more than ten beds at the facility shall be designated for this purpose.
- Requires, prior to admission to the Canyon Springs Community Facility of an individual meeting the criteria for admission, the regional center and regional resource development project to follow the preadmission procedures, including notification and assessment procedures, specified in current law.
- Makes the above an urgency statute necessary for the immediate preservation of the public peace, health, or safety which takes immediate effect by making the following findings:
“Because there is a critical shortage of placement options for persons with challenging mental health treatment needs who are experiencing acute crises and are in need of immediate mental health services, and in order to authorize the Canyon Springs Community Facility to serve as an additional placement option for those individuals who meet the criteria for admission as soon as possible[.]”
EXISTING LAW:
- Declares the intent of the Legislature to end the inappropriate, indefinite, and involuntary commitment of persons with mental health disorders, developmental disabilities, and chronic alcoholism, and to eliminate legal disabilities. (Welfare and Institutions Code Section 5100. All further statutory references are to the Welfare and Institutions Code (WIC), unless otherwise indicated.)
- States that it is the intent of the Legislature to ensure that the transition process from a developmental center to a community living arrangement is based upon the individual’s needs, developed through the individual program plan process, and ensures that needed services and supports will be in place at the time the individual moves. It is further the intent of the Legislature that regional centers, developmental centers, and regional resource development projects coordinate with each other for the benefit of their activities in assessment, in the development of individual program plans, and in planning, transition, and deflection, and for the benefit of consumers. (Section 4418.3 (a).)
- Requires a regional center that is notified by a court of a potential admission to a developmental center to immediately notify the appropriate regional resource development project, the consumer, the consumer’s parents, legal guardian, or conservator, and the regional center clients’ rights advocate. (Section 4418.7 (a)(1).)
- Provides that commencing January 1, 2015, admissions to a developmental center pursuant to a court order for an acute crisis, as described in this section, shall be limited to the acute crisis center at the Fairview Developmental Center and the acute crisis center at the Sonoma Developmental Center. (Section 4418.7 (g)(2).)
- Specifies that the acute crisis center at the Fairview Developmental Center and the acute crisis center at the Sonoma Developmental Center shall each consist of one unit that is distinct from other residential units at the developmental center and shall each serve no more than five consumers; that crisis center residents may participate in day, work, and recreation programs, and other developmental center facility activities, outside of the acute crisis unit, when the individual program plan identifies it is appropriate and consistent with the individual’s treatment plan; and that the acute crisis centers shall assist the consumer with transitioning back to his or her prior residence, or an alternative community-based residential setting, within specified timeframes. (Section 4418.7 (h).)
- Establishes the jurisdiction of DDS over state developmental centers, including Sonoma, Fairview and Porterville developmental centers and the responsibility of each facility to create bylaws and rules, as specified. (Section 4440.)
- Defines “acute crisis” as a situation where a consumer meets certain criteria and there is imminent risk for substantial harm to self or others; the service and support needs of the consumer cannot be met in the community, as specified; and the consumer requires a more restrictive environment for crisis stabilization due to serious and potentially life-threatening conditions. (Section 4418.7 (d)(1).)
- Establishes the Lanterman Developmental Disabilities Services Act, which declares California’s responsibility for providing an array of services and supports to meet the needs of each person with developmental disabilities in the least restrictive environment, regardless of age or degree of disability, and to support their integration into the mainstream life of the community. (Section 4500 et seq.)
- Prohibits a person with a developmental disability from being committed to the State Department of Developmental Services for placement in a state developmental center or state-operated community facility pursuant unless he or she meets the criteria for admission to a developmental center and is dangerous to self or others or he or she currently is a resident of a state developmental center or state-operated community facility pursuant to an order of commitment made pursuant to this article prior to July 1, 2012, and is being recommitted pursuant to paragraph (4) of this subdivision. (Section 6500 (b)(2).)
- Requires, in any proceedings described above, the person alleged to have a developmental disability to 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 and allows the clients’ rights advocate for the regional center to attend any judicial proceedings to assist in protecting the individual’s rights. (Id. at (b)(5).)
- Limits the time period of any order of commitment made pursuant to the procedures described above and provides that a commitment shall expire automatically six months after the earlier of the order of commitment pursuant to this section or the order of a placement in a developmental center, unless the regional center, prior to the expiration of the order of commitment, notifies the court in writing of the need for an extension and requires the notice to state facts demonstrating that the individual continues to be in acute crisis. (Id. at (c)(2).)
- Prohibits an order granting an extension from extending the total period of commitment beyond one year, unless the regional center notifies the court in writing of facts demonstrating that, due to circumstances beyond the regional center’s control, the placement cannot be made prior to expiration of the extension, and the court determines that good cause exists, the court may grant one further extension of up to 30 days; allows the court to also issue any orders the court deems appropriate to ensure that necessary steps are taken to ensure that the individual can be safely and appropriately transitioned to the community in a timely manner. (Ibid.)
- Allows persons with developmental disabilities to be released from developmental centers for provisional placement, with parental consent in the case of a minor or with the consent of an adult person with developmental disabilities or with the consent of the guardian or conservator of the person with developmental disabilities, not to exceed twelve months, and requires them be referred to a regional center for services pursuant to this division. Any person placed pursuant to this section shall have an automatic right of return to the developmental center during the period of provisional placement. (Section 4508.)
- Provides immunity to public agencies (which includes public hospitals) and their employees for the involuntary detention of persons, including the enforcement and release of detainment to the extent that the facility or employee acts in accordance with requirements of LPS in detaining a person, and enforcing or releasing the detention. (Government Code Section 856.)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: The Lanterman-Petris-Short (LPS) Act was enacted in the 1960s to develop a statutory process under which individuals with developmental disabilities and their families would have the right to receive the necessary supports and services required to live independently in the community. The LPS Act enumerates the rights of individuals with developmental disabilities, as well as the rights of their families, specifies what services and supports are available to these individuals, and describes how regional centers and service providers must work together to provide these supports and services to consumers and their families. The term “developmental disability” is defined as a disability that originates before a person reaches 18 years of age, is expected to continue indefinitely, and is a significant disability for those individuals. Such developmental disabilities include, among others, epilepsy, autism spectrum disorder, and cerebral palsy.
The LPS Act also establishes a process by which individuals can be involuntarily held and treated in a mental health facility in a manner that safeguards their constitutional rights. The LPS Act was intended to balance the goals of maintaining a person’s constitutional rights to personal liberty and choice in mental health treatment, while also ensuring the safety of an individual who may be a danger to oneself or others, or is gravely disabled.
In addition to establishing the rights of individuals, the LPS Act also created California’s regional center system that is comprised of 21 regional centers throughout the state whose primary purpose is to connect individuals with services in the community. While regional centers do not directly provide services to individuals and their families, they are charged with providing information and coordinating the delivery of services to consumers.
Developmental Centers and Acute Care Facilities. In addition to the regional center system, the Department of Developmental Services (DDS) oversees three Developmental Centers (DCs): Fairview DC, Porterville DC, and Sonoma DC. These state-run community facilities were established to provide 24-hour residential, medical and dental healthcare, and social treatment services, including physical, occupational and speech therapies, and vocational and skill-development programs. DDS also operates the Canyon Springs Community Facility, a smaller facility with a total licensed capacity for 63 individuals.
In 2012, AB 1472 (Committee on Budget), Chapter 25, Statutes of 2012, placed a moratorium on admissions to DCs with exceptions for individuals who were involved in the criminal justice system and consumers who were experiencing an acute crisis and required short-term stabilization. Oversight by the federal Centers for Medicare and Medicaid Services, the U.S. Department of Justice, the state Department of Public Health, and consumer watchdog organizations publically revealed that California’s developmental centers had extensive problems, including inadequate care, insufficient staffing, and instances of abuse and neglect. As a result of these problems, as well as recommendations by the Task Force on the Future of the Developmental Centers, Governor Brown’s administration announced plans in May 2015 to begin the closure of the state’s remaining developmental centers (with the exception of the secure treatment program at Porterville DC and Canyon Springs Community Facility), with complete closure of the developmental centers scheduled to occur by 2021. While Canyon Springs is not a developmental center, the facility is nevertheless subject to the moratorium on new court-ordered admissions that is applicable to developmental centers.
Acute crisis centers: In January 2015, SB 856 (Committee on Budget), Chapter 30, Statutes of 2014, enabled DDS to establish acute crisis centers on the Sonoma DC and Fairview DC campuses in order to provide short-term stabilization services to a maximum of five individuals with developmental disabilities. The centers offer a home-like setting independent from other DC units and aim to facilitate an individual’s reintegration into the community, either to their previous residence or to a community-based residential setting. In order to qualify for admission to an acute crisis center, an individual must meet the following requirements:
- Qualify under state and federal requirements for admission to a DC;
- Pose an imminent risk for substantial harm to self or others;
- Require services and supports that cannot be met in the community;
- Have serious or potentially life-threatening conditions which require a more restrictive environment for crisis stabilization; and
- Be determined to be safe to serve in an acute crisis center.
In an emergency, or in the event that no bed is available in an existing acute crisis center, a regional center may place an individual in an Institution for Mental Disease (IMD) to ensure provision of services. IMDs are often highly restrictive settings that focus primarily on the treatment of psychiatric disorders; while IMDs are intended to be short-term stabilization options, a lack of beds in existing acute crisis centers can result in individuals being placed in IMDs for lengthy periods of time.
Need For the Bill. As explained above, DDS operates just two facilities in the state--at Fairview Developmental Center (in Costa Mesa) and the acute crisis center at Sonoma Developmental Center--for developmentally disabled individuals who are committed by a court to the custody of DDS because they are a danger to self or others and who are in acute crisis: the acute crisis center. These facilities are known as “STAR residences.”
Admissions to a STAR residence require that the individual be experiencing an “acute crisis” and are limited to a maximum of 13 months. The two current STAR residences have a capacity of five beds each. Since the establishment of the STAR residences, active referrals have exceeded capacity. Currently, according to information from DDS, the STAR residences are both at capacity, with 19 individuals on the referral/waiting list. When there are no vacancies in the STAR residences, individuals instead have been admitted to, or have remained in, Institutions for Mental Disease (IMD) or other locked psychiatric facilities.
In order to facilitate the housing and treatment of these consumers in less-restrictive settings, this bill would authorize DDS to establish a ten-bed acute crisis center at the Canyon Springs Community Facility, similar to existing facilities on the Sonoma DC and Fairview DC campuses. This would meet some, but not all current demand for the placements. Like centers on the other campuses, it is intended to offer a home-like setting that are independent from the other DC units and aim to facilitate an individual’s reintegration into the community. Under the bill, this authority would only last until June 30, 2021. Admissions would be subject to the existing pre- and post-admission notification requirements, procedures, and timelines applicable to court-ordered commitments to state-operated acute crisis facilities specified in Section 4418.7, including limiting the length of the commitment to no more than 13 months.
Utilizing Canyon Springs until June 30, 2021 for stabilization for 10 individuals will provide critically needed services prior to completion of the community resources now in development. This bill will also help prevent placements into and allow more timely transitions out of highly restrictive settings, including IMDs and other locked psychiatric settings.
According to the author:
SB 175 is a critical bill that will help mitigate the high demand for acute crisis beds in California by allowing the Canyon Spring Community Facility to admit individuals who are experiencing an acute crisis and are ordered by a court to DDS for services.
This bill will bridge the gap between the current demand for services for individuals experiencing acute crises and the planned expansion of services through the Safety Net Plan.
Urgency Clause. Due to the current severe shortage of less-restrictive placements for individuals in the especially vulnerable condition to qualify for services in an acute crisis center, this bill proposes to authorize ten additional beds available to be made available at the Canyon Springs Community Facility and also proposes that the bill take effect immediately.
Prior Legislation: SB 856 (Committee on Budget, Chap. 30, Stats. 2014) enabled DDS to establish acute crisis centers at the Sonoma and Fairview DC campuses.
AB 1472 (Committee on Budget, Chap. 25, Stats. 2012) placed a moratorium on admissions to developmental centers, with certain exceptions.
REGISTERED SUPPORT / OPPOSITION:
Support
Association of Regional Center Agencies
Opposition
None on file
Analysis Prepared by: Alison Merrilees / JUD. / (916) 319-2334
Date of Hearing: June 26, 2018
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Blanca Rubio, Chair
SBPCA Bill Id:SB 175
Author:(McGuire) – As Amended Ver:June 4, 2018
SENATE VOTE: 36-4
SUBJECT: Developmental services: Canyon Springs Community Facility
SUMMARY: Authorizes placement in Canyon Springs Community Facility of certain individuals committed by a court to the Department of Developmental Services (DDS) for suitable treatment and habilitation services.
Specifically, this bill:
- Includes Canyon Springs Community Facility among the placement options for individuals who are found by the court to have a developmental disability and to be a danger to themselves or to others, and who the court has ordered to be committed to DDS for treatment, if they meet certain criteria as defined by the provisions of this bill.
- Allows the court, upon implementation of this bill and until June 30, 2021, to order the commitment of an individual to a separate and distinct unit of Canyon Springs Community Facility if certain criteria, as defined by the provisions of this bill, are met.
- Authorizes no more than ten beds at Canyon Springs Community Facility to be designated for the purpose of placing individuals committed pursuant to the provisions of this bill.
- Requires regional centers and regional resource development projects, prior to an individual’s admission to Canyon Springs Community Facility, to follow preadmission procedures, including notification and assessment procedures, as specified.
- Subjects the admission of individuals to Canyon Springs Community Facility to the postadmission procedures and timelines defined in current law, as specified.
- Exempts a person committed by a court on or before June 30, 2021, to Canyon Springs Community Facility due to an acute crisis from the prohibition placed on additional admissions to a developmental center by DDS, as specified.
- Makes technical changes.
EXISTING LAW:
- Establishes the Lanterman Developmental Disabilities Services Act, which declares California’s responsibility for providing an array of services and supports to meet the needs of each person with developmental disabilities in the least restrictive environment, regardless of age or degree of disability, and to support their integration into the mainstream life of the community. (WIC 4500, et seq.)
- Establishes a system of nonprofit regional centers to provide fixed points of contact in the community for all persons with developmental disabilities and their families, to coordinate services and supports best suited to them throughout their lifetime. (WIC 4620)
- Creates a process by which regional centers may “vendorize” service providers, thereby providing a path to contract for services with that provider and ensuring maximum flexibility and availability of appropriate services and support for persons with developmental disabilities. (WIC 4648)
- Establishes the jurisdiction of DDS over state developmental centers, including Sonoma, Fairview and Porterville developmental centers and the responsibility of each facility to create bylaws and rules, as specified. (WIC 4440)
- Defines “acute crisis” as a situation where a consumer meets certain criteria and there is imminent risk for substantial harm to self or others; the service and support needs of the consumer cannot be met in the community, as specified; and the consumer requires a more restrictive environment for crisis stabilization due to serious and potentially life-threatening conditions. (WIC 4418.7 (d)(1))
- Allows an individual with developmental disabilities to be released from a developmental center for provisional placement, with parental consent in the case of a minor, or with the consent of an adult person with developmental disabilities, or with the consent of the guardian or conservator of the person with developmental disabilities, not to exceed 12 months, and requires those individuals be referred to a regional center for services. Further, allows those persons to have an automatic right of return to the developmental center during the time of provisional placement. (WIC 4508)
- Defines an “Institution for Mental Diseases” as a hospital, nursing facility, or other institution of more than 16 beds that is primarily engaged in providing diagnosis, treatment or care of persons with mental disorders, including medical attention, nursing care, and related services. (9 CCR 1810.222.1)
- Allows a regional center to place consumers in institutions for mental disease (IMDs) in instances of emergencies, as determined by the regional center, if the regional center cannot locate alternative services to meet the consumer’s needs, and prohibits placement in an IMD from exceeding 180 days. (WIC 4648 (a)(9)(C))
- Allows the court, if the court finds that a person has a developmental disability and is a danger to himself, herself, or others, to make an order that the person be committed to DDS for suitable treatment and habilitation services, which includes the acute crisis centers at Fairview Developmental Center (FDC) and Sonoma Developmental Center (SDC), and the secure treatment program at Porterville Developmental Center (PDC), among others. (WIC 6509 (a))
- Prohibits DDS from admitting anyone to a developmental center unless the person has been deemed eligible and the person meets certain eligibility criteria, including if that person is an adult who has been committed by a court to the acute crisis center at FDC or SDC, among other criteria. (WIC 7505 (a))
FISCAL EFFECT: Unknown.
COMMENTS:
Developmental Services: In 1969, The Lanterman Developmental Disabilities Act established that individuals with developmental disabilities and their families have a right to receive the necessary supports and services required to live independently in the community. The Lanterman Act enumerates the rights of individuals with developmental disabilities, as well as the rights of their families, what services and supports are available to these individuals, and how regional centers and service providers work together to provide these supports and services. The term “developmental disability” is defined as a disability that originates before a person reaches 18 years of age, is expected to continue indefinitely, and is a significant disability for those individuals; such disabilities include, among others: epilepsy, autism spectrum disorder, and cerebral palsy. In addition to establishing the rights of individuals, the Lanterman Act also created California’s regional center system comprised of 21 regional centers throughout the state whose primary purpose is to connect individuals with services in the community. While regional centers do not directly provide services to individuals and their families, they are charged with providing information and coordinating the delivery of services to consumers.
Developmental Centers: In addition to the regional center system, DDS oversees three Developmental Centers (DCs): FDC, PDC, and SDC. These state-run community facilities provide 24-hour residential, medical and dental healthcare, and social treatment services, including physical, occupational and speech therapies, and vocational and skill-development programs. In addition to the three DCs, DDS also operates Canyon Springs Community Facility, which is a smaller facility providing an alternative to the larger settings of a DC. Canyon Springs provides residential services, vocational skills, adult education, and community integration services, among other services, for no more than 55 adults with developmental disabilities.
In 2012, AB 1472 (Committee on Budget), Chapter 25, Statutes of 2012, placed a moratorium on admissions to DCs with exceptions for individuals involved in the criminal justice system and consumers experiencing an acute crisis who require short-term stabilization. In January 2014, as a result of the federal Centers for Medicare and Medicaid Services, the U.S. Department of Justice, and the state Department of Public Health having identified myriad problems in California’s developmental centers, including inadequate care, insufficient staffing, and instances of abuse and neglect, the Task Force on the Future of the Developmental Centers released a plan for the long-term future of the DCs. In May 2015, with the exception of the secure treatment program at PDC and Canyon Springs Community Facility, Governor Brown’s administration announced plans to begin the closure of the state’s remaining developmental centers, with complete closure of the developmental centers to occur by 2021.
Acute crisis centers: In January 2015, SB 856 (Committee on Budget), Chapter 30, Statutes of 2014, enabled DDS to establish acute crisis centers on the SDC and FDC campuses in order to provide short-term stabilization for no more than five individuals with developmental disabilities. The centers offer a home-like setting that are independent from the other DC units and aim to facilitate an individual’s reintegration into the community, either to their previous residence or to a community-based residential setting. In order to qualify for admission to an acute crisis center, an individual must meet the following requirements:
- Qualify under state and federal requirements for admission to a DC;
- Pose an imminent risk for substantial harm to self or others;
- Require services and supports that cannot be met in the community;
- Have serious or potentially life threatening conditions which require a more restrictive environment for crisis stabilization; and
- Be determined to be safe to serve in an acute crisis center.
In an emergency, or in the event that there is not an available bed in an existing acute crisis center, a regional center may place an individual in an Institution for Mental Disease (IMD) to ensure provision of services. IMDs are often highly restrictive settings that focus primarily on the treatment of psychiatric disorders; while IMDs are intended to be short-term stabilization options, a lack of beds in existing acute crisis centers can result in individuals being placed in IMDs for arguably lengthy periods of time.
According to DDS, there are currently 20 individuals who have been referred to acute crisis centers and for whom there are no available beds; the provisions of this bill would, until June 30, 2021, allow the Canyon Springs Community Facility to operate an acute crisis center for no more than 10 individuals.
Need for this bill: According to the author, “[This bill] is a very critical bill that will help mitigate the high demand for acute crisis beds in California by allowing the Canyon Springs Community Facility to admit individuals who are experiencing an acute crisis and are ordered by court to DDS for services. This bill will bridge the gap between the current demand for services for individuals experiencing acute crises and the planned expansion of services through the Safety Net Plan.”
PRIOR LEGISLATION:
SB 856 (Committee on Budget), Chapter 30, Statutes of 2014, enabled DDS to establish acute crisis centers at the SDC and FDC campuses.
AB 1472 (Committee on Budget), Chapter 25, Statutes of 2012, placed a moratorium on admissions to developmental centers, with certain exceptions.
DOUBLE REFERRAL. This bill has been double-referred. Should this bill pass out of this committee, it will be referred to the Assembly Judiciary Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
None on file.
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 175
:
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 3/27/17
AYES: Hill, Bates, Dodd, Galgiani, Glazer, Hernandez, Newman, Pan, Wilk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
DIGEST: This bill expands marijuana appellation of origin protections to advertising and prohibits the use of names that sound similar to a California county in advertising, labeling, marketing, or packaging of marijuana products if it is likely to mislead consumers as to the product’s appellation of origin.
Existing law:
- Establishes the Bureau of Marijuana Control (Bureau) under the Department of Consumer Affairs (DCA) to regulate the medical and recreational cannabis industry through the Medical Cannabis Regulation and Safety Act (Act) and the Control, Regulate and Tax Adult Use of Marijuana Act (Prop 64). (Business and Professions Code (BPC) Sections 19302, 26010)
- Authorizes the Department of Food and Agriculture (DFA) to establish appellations of origin for medical cannabis grown in California. (BPC § 19332.5 (b))
- Requires the Bureau to establish standards for recognition of a particular appellation of origin applicable to recreational marijuana grown or cultivated in a certain geographical area in California. (BPC § 26063 (a))
- Prohibits cannabis from being marketed, labeled, or sold as grown in a California county, if the medical cannabis was not grown in that county.
(BPC §§ 19332.5 (c), 26063 (b)) - Prohibits use of a California county name in the labeling, marketing, or packaging of cannabis products unless the cannabis contained in the product was grown in that county. (BPC §§ 19332.5 (d), 26063 (c))
This bill:
- Amends both the Act and Prop 64 to prohibit advertising cannabis as grown in a California county, when the cannabis was not grown in that county.
- Amends both the Act and Prop 64 to prohibit use of a name that sounds similar to a California county in advertising, labeling, marketing, or packaging of marijuana products if it is likely to mislead consumers as to the product’s appellation of origin.
- Makes Legislative findings and declarations that Section 2 of this bill implements substantive provisions of the Control, Regulate and Tax Adult Use of Marijuana Act and is consistent with and furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
Background
This bill is sponsored by the Author. According to the Author’s office, “While products may not bear the exact name of a county unless they are from that county, the law is vague on whether products can have names that deceive consumers as to their origin through modifying the name of the county. This can make the consumers think that the product is grown in a specific region when it is in fact not. One example of the prevalence of this modification of county names is the company “hmbldt” in southern California which produces medical cannabis vaporizer dosage pens. While this company is now in compliance because of its strict use of Humboldt County products, it remains easy for companies to intentionally mislead consumers, through a modified county name, into thinking marijuana products are from regions when they are not.”
California’s Marijuana Regulatory Background. California began regulating medical marijuana with the passage of the Compassionate Use Act in 1996, which exempted patients and their primary caregivers from criminal liability under state law for the possession and cultivation of marijuana. In 2003, the Legislature authorized the formation of medical marijuana cooperatives—nonprofit organizations that cultivate and distribute marijuana for medical uses to their members through dispensaries. The Act passed in 2015, which created a comprehensive state licensing system for the commercial cultivation, manufacture, retail sale, transport, distribution, delivery, and testing of medical cannabis.
In November 2016 voters approved Prop 64, which legalized the nonmedical use of cannabis. Under Prop 64, adults 21 years of age or older can legally grow, possess, and use cannabis for nonmedical purposes, with certain restrictions.
Both the Act and Prop 64 prohibit using a California county name in the marketing, labeling, or packaging of cannabis products unless the product was actually grown in that county. This bill further prevents misinformation by prohibiting the use of a name similar to a California county in the advertising, labeling, marketing, or packaging of marijuana products if it is likely to mislead consumers about the product’s appellation of origin.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
California Growers Association
California State Association of Counties
The Drug Policy Alliance
Humboldt County Board of Supervisors
Rural County Representatives of California
OPPOSITION: (Verified 4/18/17)
None received
ARGUMENTS IN SUPPORT: The Rural County Representatives of California write (RCRC), “RCRC believes your SB 175 further strengthens the appellation-related provisions of the MCRSA and Proposition 64 by restricting the marketing of cannabis products when the labeling is misleading relative to the county of origin. SB 175 simply protects the integrity of the regulatory aspect of branding and marketing development – a policy principle embraced by RCRC and many of our members who desire to see a vibrant cannabis industry.”
4/19/17 14:47:58
**** END ****
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2017 - 2018 Regular
Bill No: SB 175 Hearing Date: March 27, 2017
Author: | McGuire | ||
Version: | Amended | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: Marijuana: county of origin: marketing and advertising
SUMMARY:
Expands marijuana appellation of origin protections to advertising and prohibits the use of names that sound similar to a California county in advertising, labeling, marketing, or packaging of marijuana products if it is likely to mislead consumers as to the product’s appellation of origin.
Existing law:
- Establishes the Bureau of Marijuana Control (Bureau) under the Department of Consumer Affairs (DCA) to regulate the medical and recreational cannabis industry through the Medical Cannabis Regulation and Safety Act (Act) and the Control, Regulate and Tax Adult Use of Marijuana Act (Prop 64). (Business and Professions Code (BPC) Sections 19302, 26010)
- Authorizes the Department of Food and Agriculture (DFA) to establish appellations of origin for medical cannabis grown in California. (BPC § 19332.5 (b))
- Requires the Bureau to establish standards for recognition of a particular appellation of origin applicable to recreational marijuana grown or cultivated in a certain geographical area in California. (BPC § 26063 (a))
- Prohibits cannabis from being marketed, labeled, or sold as grown in a California county, if the medical cannabis was not grown in that county. (BPC §§ 19332.5 (c), 26063 (b))
- Prohibits use of a California county name in the labeling, marketing, or packaging of cannabis products unless the cannabis contained in the product was grown in that county. (BPC §§ 19332.5 (d), 26063 (c))
This bill:
- Amends both the Act and Prop 64 to prohibit advertising cannabis as grown in a California county, when the cannabis was not grown in that county.
- Amends both the Act and Prop 64 to prohibit use of a name that sounds similar to a California county in advertising, labeling, marketing, or packaging of marijuana products if it is likely to mislead consumers as to the product’s appellation of origin.
- Makes Legislative findings and declarations that Section 2 of this bill implements substantive provisions of the Control, Regulate and Tax Adult Use of Marijuana Act and is consistent with and furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
FISCAL EFFECT:
Unknown. This bill is keyed “fiscal” by Legislative Counsel.
COMMENTS:
- Purpose. This bill is sponsored by the Author. According to the Author’s office, “While products may not bear the exact name of a county unless they are from that county, the law is vague on whether products can have names that deceive consumers as to their origin through modifying the name of the county. This can make the consumers think that the product is grown in a specific region when it is in fact not. One example of the prevalence of this modification of county names is the company “hmbldt” in southern California which produces medical cannabis vaporizer dosage pens. While this company is now in compliance because of its strict use of Humboldt County products, it remains easy for companies to intentionally mislead consumers, through a modified county name, into thinking marijuana products are from regions when they are not.”
- California’s Marijuana Regulatory Background. California began regulating medical marijuana with the passage of the Compassionate Use Act in 1996, which exempted patients and their primary caregivers from criminal liability under state law for the possession and cultivation of marijuana. In 2003, the Legislature authorized the formation of medical marijuana cooperatives—nonprofit organizations that cultivate and distribute marijuana for medical uses to their members through dispensaries. The Act passed in 2015, which created a comprehensive state licensing system for the commercial cultivation, manufacture, retail sale, transport, distribution, delivery, and testing of medical cannabis.
In November 2016 voters approved Prop 64, which legalized the nonmedical use of cannabis. Under Prop 64, adults 21 years of age or older can legally grow, possess, and use cannabis for nonmedical purposes, with certain restrictions.
Both the Act and Prop 64 prohibit using a California county name in the marketing, labeling, or packaging of cannabis products unless the product was actually grown in that county. This bill further prevents misinformation by prohibiting the use of a name similar to a California county in the advertising, labeling, marketing, or packaging of marijuana products if it is likely to mislead consumers about the product’s appellation of origin.
- Related Legislation. AB 420 (Wood) would require an advertisement for the sale of nonmedical marijuana or nonmedical marijuana products to include, at a minimum, the license number of the AUMA licensee responsible for its content. (Status: This bill is currently pending referral in the Assembly.)
AB 350 (Salas) would specify that a marijuana product is deemed to be appealing to children or easily confused with commercially sold candy if it is in the shape of a person, animal, insect, fruit, or in another shape normally associated with candy, but would not prohibit a licensee from making an edible marijuana product in the shape of the licensee’s logo. (Status: This bill is currently pending referral in the Assembly.)
AB 1143 (Gray) would prohibit advertising marijuana adjacent to and within specified distances of certain highways. (Status: This bill is currently pending referral in the Assembly.)
SB 663 (Nielsen) would specify that a package or label of marijuana or marijuana products is deemed to be attractive to children if the package or label has specific characteristics, including, among others, resembling any candy, snack food, baked good, or beverage commercially sold without marijuana. (Status: This bill is currently pending in the Senate Business, Professions and Economic Development Committee.)
- Prior Related Legislation. SB 837 (Budget, Chapter 32, Statutes of 2016) defined “misbranding” of a cannabis product to include false or misleading labeling, and makes it unlawful to manufacture, sell, deliver, hold, or offer for sale a misbranded medical cannabis product.
AB 243 (Wood, Chapter 688, Statutes of 2015) requires CDFA, DPR, the State Department of Public Health, the Department of Fish and Wildlife, and the State Water Resources Control Board to promulgate regulations or standards relating to medical cannabis and its cultivation, as specified. This bill also establishes licensing fees, fines, and penalties.
AB 266 (Bonta et al., Chapter 689, Statutes of 2015) established the Act for the licensure and regulation of medical cannabis and establishes the Bureau of Medical Cannabis Regulation within the DCA.
SB 643 (McGuire, Chapter 719, Statutes of 2015) set standards for the licensed cultivation and physician prescription of medical cannabis; establishes a track and trace program for the transportation of medical cannabis; and authorizes counties to impose a tax on medical cannabis.
- Arguments in Support. The Rural County Representatives of California write (RCRC), “RCRC believes your SB 175 further strengthens the appellation-related provisions of the MCRSA and Proposition 64 by restricting the marketing of cannabis products when the labeling is misleading relative to the county of origin. SB 175 simply protects the integrity of the regulatory aspect of branding and marketing development – a policy principle embraced by RCRC and many of our members who desire to see a vibrant cannabis industry.”
SUPPORT AND OPPOSITION:
Support:
California Growers Association
California State Association of Counties
Humboldt County Board of Supervisors
Rural County Representatives of California
Opposition:
None on file as of March 21, 2017.
-- END --
Discussed in Hearing
3MIN
Senate Floor
8MIN
Senate Standing Committee on Human Services
3MIN
Senate Floor
5MIN
Senate Standing Committee on Business, Professions and Economic Development
Bill Author
