4100. The department has jurisdiction over the following
institutions:
(a) Atascadero State Hospital.
(b) Coalinga State Hospital.
(c) Metropolitan State Hospital.
(d) Napa State Hospital.
(e) Patton State Hospital.
4100.2. (a) Commencing January 10, 2009, and each year thereafter,
the State Department of Mental Health shall provide the fiscal
committees of the Legislature with a fiscal estimate package for the
current year and budget year for the state hospitals by January 10
and at the time of the Governor's May Revision.
(b) At a minimum, the estimate package shall address patient
caseload by commitment category, non-level-of-care and level-of-care
staffing requirements, and operating expenses and equipment.
(c) In addition to subdivision (b), each estimate submitted shall
include all of the following:
(1) A statement articulating the assumptions and methodologies
used for calculating the patient caseload factors, all staffing
costs, and operating expenses and equipment.
(2) Where applicable, individual policy changes shall contain a
narrative and basis for its proposed and estimated costs.
(3) Fiscal bridge charts shall be included to provide the basis
for the year-to-year changes.
(d) The department may provide any additional information as
deemed appropriate to provide a comprehensive fiscal perspective to
the Legislature for analysis and deliberations for purposes of
appropriation.
4100.5. The department may contract with the State Department of
Developmental Services to provide services to persons with mental
disorders in state hospitals under the jurisdiction of the State
Department of Developmental Services.
4101. Except as otherwise specifically provided elsewhere in this
code, all of the institutions under the jurisdiction of the State
Department of Mental Health shall be governed by uniform rule and
regulation of the State Department of Mental Health and all of the
provisions of this chapter shall apply to the conduct and management
of such institutions.
4101.5. (a) Notwithstanding any other law, the State Department of
Mental Health may contract with providers of health care services and
health care network providers, including, but not limited to, health
plans, preferred provider organizations, and other health care
network managers. Hospitals that do not contract with the department
for emergency health care services shall provide these services to
the department on the same basis as they are required to provide
these services pursuant to Section 489.24 of Title 42 of the Code of
Federal Regulations.
(b) The department may only reimburse a noncontract provider of
hospital or physician services at a rate equal to or less than the
amount payable under the Medicare Fee Schedule, regardless of whether
the hospital is located within or outside of California. An entity
that provides ambulance or any other emergency or nonemergency
response service to the department, and that does not contract with
the department for that service, shall be reimbursed for the service
at the rate payable under the Medicare Fee Schedule, regardless of
whether the provider is located within or outside of California.
(c) Until regulations or emergency regulations are adopted in
accordance with subdivision (g), the department shall not reimburse a
contract provider of hospital services at a rate that exceeds 130
percent of the amount payable under the Medicare Fee Schedule, a
contract provider of physician services at a rate that exceeds 110
percent of the amount payable under the Medicare Fee Schedule, or a
contract provider of ambulance services at a rate that exceeds 120
percent of the amount payable under the Medicare Fee Schedule. The
maximum rates established by this subdivision shall not apply to
reimbursement for administrative days, transplant services, services
provided pursuant to competitively bid contracts, or services
provided pursuant to a contract executed prior to September 1, 2009.
(d) The maximum rates set forth in this section shall not apply to
contracts entered into through the department's designated health
care network provider, if any. The rates for those contracts shall be
negotiated at the lowest rate possible under the circumstances.
(e) The department and its designated health care network provider
may enter into exclusive or nonexclusive contracts on a bid or
negotiated basis for hospital, physician, and ambulance services
contracts.
(f) The Director of Mental Health may adopt regulations to
implement this section. The adoption, amendment, or repeal of a
regulation authorized by this section is hereby exempted from the
rulemaking provisions of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code).
(g) The Director of Mental Health may change the maximum rates set
forth in this section by regulation or emergency regulation, adopted
in accordance with the Administrative Procedure Act, but no sooner
than 30 days after notification to the Joint Legislative Budget
Committee. Those changes may include, but are not limited to,
increasing or decreasing rates, or adding location-based
differentials such as those provided to small and rural hospitals as
defined in Section 124840 of the Health and Safety Code. The
adoption, amendment, repeal, or readoption of a regulation authorized
by this subdivision is deemed to address an emergency, for purposes
of Sections 11346.1 and 11349.6 of the Government Code, and the
director is hereby exempted for this purpose from the requirements of
subdivision (b) of Section 11346.1 of the Government Code.
(h) For persons who are transferred from the Department of
Corrections and Rehabilitation to, or are housed in, a state hospital
or psychiatric program under the jurisdiction of the State
Department of Mental Health, and while these persons remain under the
jurisdiction of the Department of Corrections and Rehabilitation as
inmates or parolees, health care or emergency services provided for
these persons outside of a State Department of Mental Health state
hospital or psychiatric program shall continue to be paid for or
reimbursed by the Department of Corrections and Rehabilitation in
accordance with Section 5023.5 of the Penal Code.
4102. Each state hospital is a corporation.
4103. Each such corporation may acquire and hold in its corporate
name by gift, grant, devise, or bequest property to be applied to the
maintenance of the patients of the hospital and for the general use
of the corporation.
4104. All lands necessary for the use of the state hospitals
specified in Section 4100, except those acquired by gift, devise, or
purchase, shall be acquired by condemnation as lands for other public
uses are acquired.
The terms of every purchase shall be approved by the State
Department of Mental Health. No public street or road for railway or
other purposes, except for hospital use, shall be opened through the
lands of any state hospital, unless the Legislature by special
enactment consents thereto.
4105. The Director of General Services shall grant to the County of
San Bernardino under such terms, conditions, and restrictions as he
or she deems to be for the best interests of the state, the necessary
easements and rights-of-way for all purposes of a public road on the
Patton State Hospital property. The right-of-way shall be across,
along, and upon the following described property:
The east 40 feet of the east one-half of the northwest one-quarter
of Section 32, Township 1 North, Range 3 West, San Bernardino Base
and Meridian, in the County of San Bernardino, State of California.
4106. Notwithstanding the provisions of Section 4104, the Director
of General Services, with the consent of the State Department of
Mental Health, may grant to the County of Napa a right-of-way for
public road purposes over the northerly portion of the Napa State
Hospital lands for the widening of Imola Avenue between Penny Lane
and Fourth Avenue, upon such terms and conditions as the Director of
General Services may deem for the best interests of the state.
4107. (a) The security of patients committed pursuant to Section
1026 of, and Chapter 6 (commencing with Section 1367) of Title 10 of
Part 2 of, the Penal Code, and former Sections 6316 and 6321, at
Patton State Hospital shall be the responsibility of the Secretary of
the Department of Corrections and Rehabilitation.
(b) The Department of Corrections and Rehabilitation and the State
Department of Mental Health shall jointly develop a plan to transfer
all patients committed to Patton State Hospital pursuant to the
provisions in subdivision (a) from Patton State Hospital no later
than January 1, 1986, and shall transmit this plan to the Senate
Committee on Judiciary and to the Assembly Committee on Criminal
Justice, and to the Senate Health and Welfare Committee and Assembly
Health Committee by June 30, 1983. The plan shall address whether the
transferred patients shall be moved to other state hospitals or to
correctional facilities, or both, for commitment and treatment.
(c) Notwithstanding any other provision of law, the State
Department of Mental Health shall house no more than 1,336 patients
at Patton State Hospital. However, until September 2012, up to 1,530
patients may be housed at the hospital.
(d) The Department of Corrections and Rehabilitation and the State
Department of Mental Health shall jointly develop a plan for
ensuring the external and internal security of the hospital during
the construction of additional beds at Patton State Hospital and the
establishment of related modular program space for which funding is
provided in the Budget Act of 2001. No funds shall be expended for
the expansion project until 30 days after the date upon which the
plan is submitted to the fiscal committees of the Legislature and the
Chair of the Joint Legislative Budget Committee.
(e) The Department of Corrections and Rehabilitation and the State
Department of Mental Health shall also jointly develop a plan for
ensuring the external and internal security of the hospital upon the
occupation of the additional beds at Patton State Hospital. These
beds shall not be occupied by patients until the later of the date
that is 30 days after the date upon which the plan is submitted to
the Chair of the Joint Legislative Budget Committee or the date upon
which it is implemented by the departments.
(f) This section shall remain in effect only until all patients
committed, pursuant to the provisions enumerated in subdivision (a),
have been removed from Patton State Hospital and shall have no force
or effect on or after that date.
4107.1. Consistent with the authority of the State Department of
Mental Health to maintain and operate state hospitals under its
jurisdiction, the State Department of Mental Health shall provide
internal security for the patient population at Patton State
Hospital. The State Department of Mental Health may employ hospital
police at Patton State Hospital for this purpose.
This section is not intended to increase or decrease the duties
and responsibilities of the Department of Corrections at Patton State
Hospital.
4109. The State Department of Mental Health has general control and
direction of the property and concerns of each state hospital
specified in Section 4100. The department shall:
(a) Take care of the interests of the hospital, and see that its
purpose and its bylaws, rules, and regulations are carried into
effect, according to law.
(b) Establish such bylaws, rules, and regulations as it deems
necessary and expedient for regulating the duties of officers and
employees of the hospital, and for its internal government,
discipline, and management.
(c) Maintain an effective inspection of the hospital.
4109.5. (a) Whenever the department proposes the closure of a state
hospital, it shall submit as part of the Governor's proposed budget
to the Legislature a complete program, to be developed jointly by the
State Department of Mental Health and the county in which the state
hospital is located, for absorbing as many of the staff of the
hospital into the local mental health programs as may be needed by
the county. Those programs shall include a redefinition of
occupational positions, if necessary, and a recognition by the
counties of licensed psychiatric technicians for treatment of the
mentally disordered, developmentally disabled, drug abusers, and
alcoholics.
(b) The Director of Mental Health shall submit all plans for the
closure of state hospitals as a report with the department's budget.
This report shall include all of the following:
(1) The land and buildings affected.
(2) The number of patients affected.
(3) Alternative plans for patients presently in the facilities.
(4) Alternative plans for patients who would have been served by
the facility assuming it was not closed.
(5) A joint statement of the impact of the closure by the
department and affected local treatment programs.
(c) These plans may be submitted to the Legislature until April 1
of each budget year. Any plans submitted after that date shall not be
considered until the fiscal year following that in which it is being
considered.
(d) The plan shall not be placed into effect unless the
Legislature specifically approves the plan.
(e) This section shall not apply to the proposed closure of a
developmental center.
4110. The medical superintendent shall make triplicate estimates,
in minute detail, as approved by the State Department of Mental
Health, of such supplies, expenses, buildings, and improvements as
are required for the best interests of the hospital, and for the
improvement thereof and of the grounds and buildings connected
therewith. These estimates shall be submitted to the State Department
of Mental Health, which may revise them. The department shall
certify that it has carefully examined the estimates, and that the
supplies, expenses, buildings, and improvements contained in such
estimates, as approved by it, are required for the best interests of
the hospital. The department shall thereupon proceed to purchase such
supplies, make such expenditures, or conduct such improvements or
buildings in accordance with law.
4111. The state hospitals may manufacture supplies and materials
necessary or required to be used in any of the state hospitals which
can be economically manufactured therein. The necessary cost and
expense of providing for and conducting the manufacture of such
supplies and materials shall be paid in the same manner as other
expenses of the hospitals. No hospital shall enter into or engage in
manufacturing any supplies or materials unless permission for the
same is obtained from the State Department of Mental Health. If, at
any time, it appears to the department that the manufacture of any
article is not being or cannot be economically carried on at a state
hospital, the department may suspend or stop the manufacture of such
article, and on receipt of a certified copy of the order directing
the suspension or stopping of such manufacture, by the medical
superintendent, the hospital shall cease from manufacturing such
article.
4112. (a) All money belonging to the state and received by state
hospitals from any source, except appropriations, shall, at the end
of each month, be deposited in the State Treasury, to the credit of
the General Fund. This section shall not apply to the funds known as
the industrial or amusement funds.
(b) There is hereby continuously appropriated from the General
Fund to the State Department of Mental Health that amount which is
necessary to pay the premium, as specified in Section 7353, for
third-party health coverage for Medicare beneficiaries who are
patients at state hospitals under the jurisdiction of the State
Department of Mental Health. It is the intent of the Legislature that
the General Fund expenditures authorized by this subdivision not
exceed the proceeds to be deposited in the General Fund from Medicare
payments to the State Department of Mental Health in any fiscal
year. If General Fund expenditures exceed Medicare proceeds in any
fiscal year, the State Department of Mental Health shall report to
the Joint Legislative Budget Committee and the Department of Finance
the following information: (1) the amount of any excess costs
compared to the Medicare proceeds; (2) the reasons for the excess
costs; and (3) a plan to ensure that in future fiscal years the costs
will not exceed proceeds.
4112.1. Section 4112 does not apply to the funds known as the
"sheltered workshop funds."
4113. The state hospitals and the officers thereof shall make such
financial statements to the Controller as the Controller requires.
4114. The authorities for the several hospitals shall furnish to
the State Department of Mental Health the facts mentioned in Section
4019 of this code and such other obtainable facts as the department
from time to time requires of them, with the opinion of the
superintendent thereon, if requested. The superintendent or other
person in charge of a hospital shall, within 10 days after the
admission of any person thereto, cause an abstract of the medical
certificate and order on which such person was received and a list of
all property, books, and papers of value found in the possession of
or belonging to such person to be forwarded to the office of the
department, and when a patient is discharged, transferred, or dies,
the superintendent or person in charge shall within three days
thereafter, send the information to the office of the department, in
accordance with the form prescribed by it.
4115. The department may permit, subject to such conditions and
regulations as it may impose, any religious or missionary corporation
or society to erect a building on the grounds of any state hospital
for the holding of religious services. Each such building when
erected shall become the property of the state and shall be used
exclusively for the benefit of the patients and employees of the
state hospital.
4116. The department may establish and supervise under its rules
and regulations training schools or courses for employees of the
department or of state institutions under its jurisdiction.
4117. (a) Whenever a trial is had of any person charged with escape
or attempt to escape from a state hospital, whenever a hearing is
had on the return of a writ of habeas corpus prosecuted by or on
behalf of any person confined in a state hospital except in a
proceeding to which Section 5110 applies, whenever a hearing is had
on a petition under Section 1026.2, subdivision (b) of Section
1026.5, Section 2972, or Section 2966 of the Penal Code, Section 7361
of this code, or former Section 6316.2 of this code for the release
of a person confined in a state hospital, and whenever a person
confined in a state hospital is tried for any crime committed
therein, the appropriate financial officer or other designated
official of the county in which the trial or hearing is had shall
make out a statement of all mental health treatment costs and shall
make out a separate statement of all nontreatment costs incurred by
the county for investigation and other preparation for the trial or
hearing, and the actual trial or hearing, all costs of maintaining
custody of the patient and transporting him or her to and from the
hospital, and costs of appeal, which statements shall be properly
certified by a judge of the superior court of that county and the
statement of mental health treatment costs shall be sent to the State
Department of Mental Health and the statement of all nontreatment
costs shall be sent to the Controller for approval. After approval,
the department shall cause the amount of mental health treatment
costs incurred on or after July 1, 1987, to be paid to the county
mental health director or his or her designee where the trial or
hearing was held out of the money appropriated for this purpose by
the Legislature. In addition, the Controller shall cause the amount
of all nontreatment costs incurred on and after July 1, 1987, to be
paid out of the money appropriated by the Legislature, to the county
treasurer of the county where the trial or hearing was had.
(b) Whenever a hearing is held pursuant to Section 1604, 1608,
1609, or 2966 of the Penal Code, all transportation costs to and from
a state hospital or a facility designated by the community program
director during the hearing shall be paid by the Controller as
provided in this subdivision. The appropriate financial officer or
other designated official of the county in which a hearing is held
shall make out a statement of all transportation costs incurred by
the county, which statement shall be properly certified by a judge of
the superior court of that county and sent to the Controller for
approval. The Controller shall cause the amount of transportation
costs incurred on and after July 1, 1987, to be paid to the county
treasurer of the county where the hearing was had out of the money
appropriated by the Legislature.
As used in this subdivision the community program director is the
person designated pursuant to Section 1605 of the Penal Code.
4118. The State Department of Mental Health shall cooperate with
the United States Bureau of Immigration in arranging for the
deportation of all aliens who are confined in, admitted, or committed
to any state hospital.
4119. The State Department of Mental Health shall investigate and
examine all nonresident persons residing in any state hospital for
the mentally disordered and shall cause these persons, when found to
be nonresidents as defined in this chapter, to be promptly and
humanely returned under proper supervision to the states in which
they have legal residence. The department may defer such action by
reason of a patient's medical condition.
Prior to returning the judicially committed nonresident to his or
her proper state of residency, the department shall:
(a) Obtain the written consent of the prosecuting attorney of the
committing county, the judicially committed nonresident person, and
the attorney of record for the judicially committed nonresident
person; or,
(b) In the department's discretion request a hearing in the
superior court of the committing county requesting a judicial
determination of the proposed transfer, notify the court that the
state of residence has agreed to the transfer, and file the
department's recommendation with a report explaining the reasons for
its recommendation.
The court shall give notice of such a hearing to the prosecuting
attorney, the judicially committed nonresident person, the attorney
of record for the judicially committed nonresident person and the
department, no less than 30 days before such hearing. At the hearing,
the prosecuting attorney and the judicially committed nonresident
person may present evidence bearing on the intended transfer. After
considering all evidence presented, the court shall determine whether
the intended transfer is in the best interest of and for the proper
protection of the nonresident person and the public. The court shall
use the same procedures and standard of proof as used in conducting
probation revocation hearings pursuant to Section 1203.2 of the Penal
Code.
For the purpose of facilitating the prompt and humane return of
such persons, the State Department of Mental Health may enter into
reciprocal agreements with the proper boards, commissions, or
officers of other states or political subdivision thereof for the
mutual exchange or return of persons residing in any state hospital
for the mentally disordered in one state whose legal residence is in
the other, and it may in these reciprocal agreements vary the period
of residence as defined in this chapter to meet the requirements or
laws of the other states.
The department may give written permission for the return of any
resident of this state confined in a public institution in another
state, corresponding to any state hospital for the mentally
disordered of this state. When a resident is returned to this state
pursuant to this chapter, he or she may be admitted as a voluntary
patient to any institution of the department as designated by the
Director of Mental Health. If he or she is mentally disordered and is
a danger to himself or herself or others, or he or she is gravely
disabled, he or she may be detained and given care and services in
accordance with the provisions of Part 1 (commencing with Section
5000) of Division 5.
4120. Except as otherwise provided in this section in determining
residence for purposes of being entitled to hospitalization in this
state and for purposes of returning patients to the states of their
residence, an adult person who has lived continuously in this state
for a period of one year and who has not acquired residence in
another state by living continuously therein for at least one year
subsequent to his residence in this state shall be deemed to be a
resident of this state. Except as otherwise provided in this section
a minor is entitled to hospitalization in this state if the parent or
guardian or conservator having custody of the minor has lived
continuously in this state for a period of one year and has not
acquired residence in another state by living continuously therein
for at least one year subsequent to his residence in this state. Such
parent, guardian, or conservator shall be deemed a resident of this
state for the purposes of this section, and such minor shall be
eligible for hospitalization in this state as a mentally disordered
person. The eligibility of such minor for hospitalization in this
state ceases when such parent, guardian, or conservator ceases to be
a resident of this state and such minor shall be transferred to the
state of residence of the parent, guardian, or conservator in
accordance with the applicable provisions of this code. Time spent in
a public institution for the care of the mentally disordered or
developmentally disabled or on leave of absence therefrom shall not
be counted in determining the matter of residence in this or another
state.
Residence acquired in this or in another state shall not be lost
by reason of military service in the armed forces of the United
States.
4121. All expenses incurred in returning these persons to other
states shall be paid by this state, the person or his or her
relatives, but the expense of returning residents of this state shall
be borne by the states making the returns.
The cost and expense incurred in effecting the transportation of
these nonresident persons to the states in which they have residence
shall be advanced from the funds appropriated for that purpose, or,
if necessary, from the money appropriated for the care of delinquent
or mentally disordered persons .
4122. The State Department of Mental Health, when it deems it
necessary, may, under conditions prescribed by the director, transfer
any patients of a state institution under its jurisdiction to
another such institution. Transfers of patients of state hospitals
shall be made in accordance with the provisions of Section 7300.
Transfer of a conservatee shall only be with the consent of the
conservator.
The expense of any such transfer shall be paid from the moneys
available by law for the support of the department or for the support
of the institution from which the patient is transferred. Liability
for the care, support, and maintenance of a patient so transferred in
the institution to which he has been transferred shall be the same
as if he had originally been committed to such institution. The State
Department of Mental Health shall present to the county, not more
frequently than monthly, a claim for the amount due the state for
care, support, and maintenance of any such patients and which the
county shall process and pay pursuant to the provisions of Chapter 4
(commencing with Section 29700) of Division 3 of Title 3 of the
Government Code.
4123. The Director of Mental Health may authorize the transfer of
persons from any institution within the department to any institution
authorized by the federal government to receive such person.
4124. The State Department of Mental Health shall send to the
Department of Veterans Affairs whenever requested a list of all
persons who have been patients for six months or more in each state
institution within the jurisdiction of the State Department of Mental
Health and who are known to have served in the armed forces of the
United States.
4125. (a) The director may deposit any funds of any patient in the
possession of each hospital administrator of a state hospital in
trust with the treasurer pursuant to Section 16305.3 of the
Government Code or, subject to the approval of the Department of
Finance, may deposit these funds in an interest-bearing bank account
or invest and reinvest these funds in any security described in
Article 1 (commencing with Section 16430) of Chapter 3 of Part 2 of
Division 4 of Title 2 of the Government Code, and for the purposes of
deposit or investment only may mingle the funds of any patient with
the funds of any other patient. The hospital administrator with the
consent of the patient may deposit the interest or increment on the
funds of a patient in the state hospital in a special fund for each
state hospital, to be designated the "Benefit Fund," of which the
hospital administrator shall be the trustee. He or she may, with the
approval of the director, after taking into consideration the
recommendations of representatives of patient government and
recommendations submitted by patient groups, expend the moneys in
this fund for the education or entertainment of the patients of the
institution.
(b) On and after December 1, 1970:
(1) The funds of a patient in a state hospital or a patient on
leave of absence from a state hospital shall not be deposited in
interest-bearing bank accounts or invested and reinvested pursuant to
this section except when authorized by the patient.
(2) Any interest or increment accruing on the funds of a patient
on leave of absence from a state hospital shall be deposited in his
or her account.
(3) Any interest or increment accruing on the funds of a patient
in a state hospital shall be deposited in his or her account, unless
the patient authorizes their deposit in the state hospital's benefit
fund.
(c) Any state hospital charges for patient care against the funds
of a patient in the possession of a hospital administrator or
deposited pursuant to this section and used to pay for that care,
shall be stated in an itemized bill to the patient.
(d) No later than August 15 of each year, the director shall
provide to the Legislature a summary data sheet containing
information on how the benefit fund at each state hospital was
expended in the previous fiscal year.
4126. Whenever any patient in any state institution subject to the
jurisdiction of the State Department of Mental Health dies, and any
personal funds or property of such patient remains in the hands of
the superintendent thereof, and no demand is made upon said
superintendent by the owner of the funds or property or his legally
appointed representative all money and other personal property of
such decedent remaining in the custody or possession of the
superintendent thereof shall be held by him for a period of one year
from the date of death of the decedent, for the benefit of the heirs,
legatees, or successors in interest of such decedent.
Upon the expiration of said one-year period, any money remaining
unclaimed in the custody or possession of the superintendent shall be
delivered by him to the State Treasurer for deposit in the Unclaimed
Property Fund under the provision of Article 1 (commencing with
Section 1440) of Chapter 6 of Title 10 of Part 3 of the Code of Civil
Procedure.
Upon the expiration of said one-year period, all personal property
and documents of the decedent, other than cash, remaining unclaimed
in the custody or possession of the superintendent, shall be disposed
of as follows:
(a) All deeds, contracts or assignments shall be filed by the
superintendent with the public administrator of the county of
commitment of the decedent;
(b) All other personal property shall be sold by the
superintendent at public auction, or upon a sealed-bid basis, and the
proceeds of the sale delivered by him to the State Treasurer in the
same manner as is herein provided with respect to unclaimed money of
the decedent. If he deems it expedient to do so, the superintendent
may accumulate the property of several decedents and sell the
property in such lots as he may determine, provided that he makes a
determination as to each decedent's share of the proceeds;
(c) If any personal property of the decedent is not salable at
public auction, or upon a sealed-bid basis, or if it has no intrinsic
value, or if its value is not sufficient to justify the deposit of
such property in the State Treasury, the superintendent may order it
destroyed;
(d) All other unclaimed personal property of the decedent not
disposed of as provided in paragraph (a), (b), or (c) hereof, shall
be delivered by the superintendent to the State Controller for
deposit in the State Treasury under the provisions of Article 1
(commencing with Section 1440) of Chapter 6 of Title 10 of Part 3 of
the Code of Civil Procedure.
4127. (a) Whenever any patient in any state institution subject to
the jurisdiction of the State Department of Mental Health escapes, is
discharged, or is on leave of absence from the institution, and any
personal funds or property of the patient remains in the hands of the
superintendent, and no demand is made upon the superintendent by the
owner of the funds or property or his or her legally appointed
representative, all money and other intangible personal property of
the patient, other than deeds, contracts, or assignments, remaining
in the custody or possession of the superintendent shall be held by
him or her for a period of seven years from the date of the escape,
discharge, or leave of absence, for the benefit of the patient or his
or her successors in interest. Unclaimed personal funds or property
of minors on leave of absence may be exempted from this section
during the period of their minority and for a period of one year
thereafter, at the discretion of the Director of Mental Health.
(b) Upon the expiration of the seven-year period, any money and
other intangible property, other than deeds, contracts, or
assignments, remaining unclaimed in the custody or possession of the
superintendent shall be subject to Chapter 7 (commencing with Section
1500) of Title 10 of Part 3 of the Code of Civil Procedure.
(c) Upon the expiration of one year from the date of the escape,
discharge, or parole, the following shall apply:
(1) All deeds, contracts, or assignments shall be filed by the
superintendent with the public administrator of the county of
commitment of the patient.
(2) All tangible personal property other than money, remaining
unclaimed in the superintendent's custody or possession, shall be
sold by the superintendent at public auction, or upon a sealed-bid
basis, and the proceeds of the sale shall be held by him or her
subject to Section 4125 of this code and Chapter 7 (commencing with
Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.
If the superintendent deems it expedient to do so, the superintendent
may accumulate the property of several patients and may sell the
property in lots that the superintendent determines, provided that
the superintendent makes a determination as to each patient's share
of the proceeds.
(d) If any tangible personal property covered by this section is
not salable at public auction or upon a sealed-bid basis, or if it
has no intrinsic value or its value is not sufficient to justify its
retention by the superintendent to be offered for sale at public
auction or upon a sealed-bid basis at a later date, the
superintendent may order it destroyed.
4128. Before any money or other personal property or documents are
delivered to the State Treasurer, State Controller, or public
administrator, or sold at auction or upon a sealed-bid basis, or
destroyed, under the provisions of Section 4126, and before any
personal property or documents are delivered to the public
administrator, or sold at auction or upon a sealed-bid basis, or
destroyed, under the provisions of Section 4127, of this code, notice
of said intended disposition shall be posted at least 30 days prior
to the disposition, in a public place at the institution where the
disposition is to be made, and a copy of such notice shall be mailed
to the last known address of the owner or deceased owner, at least 30
days prior to such disposition. The notice prescribed by this
section need not specifically describe each item of property to be
disposed of.
4129. At the time of delivering any money or other personal
property to the State Treasurer or State Controller under the
provisions of Section 4126 or of Chapter 7 of Title 10 of Part 3 of
the Code of Civil Procedure, the superintendent shall deliver to the
State Controller a schedule setting forth a statement and description
of all money and other personal property delivered, and the name and
last known address of the owner or deceased owner.
4130. When any personal property has been destroyed as provided in
Sections 4126 or 4127, no suit shall thereafter be maintained by any
person against the state or any officer thereof for or on account of
such property.
4131. Notwithstanding any other provision of law, the provisions of
Sections 4126 and 4127 shall apply (1) to all money and other
personal property delivered to the State Treasurer or State
Controller prior to the effective date of said sections, which would
have been subject to the provisions thereof if they had been in
effect on the date of such delivery; and (2) to all money and other
personal property delivered to the State Treasurer or State
Controller prior to the effective date of the 1961 amendments to said
sections, as said provisions would have applied on the date of such
delivery if, on said date of delivery, the provisions of Chapter
1809, Statutes of 1959, had not been in effect.
4132. It is hereby declared that the provisions of this code
reflect the concern of the Legislature that mentally disordered
persons are to be regarded as patients to be provided care and
treatment and not as inmates of institutions for the purposes of
secluding them from the rest of the public.
Whenever any provision of this code heretofore or hereafter
enacted uses the term "inmate," it shall be construed to mean
"patient."
4133. All day hospitals and rehabilitation centers maintained by
the State Department of Mental Health shall be subject to the
provisions of this code pertaining to the admission, transfer, and
discharge of patients at the state hospitals, except that all
admissions to such facilities shall be subject to the approval of the
chief officer thereof. Charges for services rendered to patients at
such facilities shall be determined pursuant to Section 4025. The
liability for such charges shall be governed by the provisions of
Article 4 (commencing with Section 7275) of Chapter 2 of Division 7,
except at the hospitals maintained by the State Department of
Developmental Services such liability shall be governed by the
provisions of Article 4 (commencing with Section 6715) of Chapter 3
of Part 2 of Division 6 and Chapter 3 (commencing with Section 7500)
of Division 7.
4134. The state mental hospitals under the jurisdiction of the
State Department of Mental Health shall comply with the California
Food Sanitation Act, Article 1 (commencing with Section 111950) of
Chapter 4 of Part 6 of Division 104 of the Health and Safety Code.
The state mental hospitals under the jurisdiction of the State
Department of Mental Health shall also comply with the California
Uniform Retail Food Facilities Law, Chapter 4 (commencing with
Section 113700) of Part 7 of Division 104 of the Health and Safety
Code.
Sanitation, health and hygiene standards that have been adopted by
a city, county, or city and county that are more strict than those
of the California Uniform Retail Food Facilities Law or the
California Food Sanitation Act shall not be applicable to state
mental hospitals that are under the jurisdiction of the State
Department of Mental Health.
4135. Any person committed to the State Department of Mental Health
as a mentally abnormal sex offender shall remain a patient committed
to the department for the period specified in the court order of
commitment or until discharged by the medical director of the state
hospital in which the person is a patient, whichever occurs first.
The medical director may grant such patient a leave of absence upon
such terms and conditions as the medical director deems proper. The
petition for commitment of a person as a mentally abnormal sex
offender, the reports, the court orders and other court documents
filed in the court in connection therewith shall not be open to
inspection by any other than the parties to the proceeding, the
attorneys for the party or parties, and the State Department of
Mental Health, except upon the written authority of a judge of the
superior court of the county in which the proceedings were had.
Records of the supervision, care and treatment given to each
person committed to the State Department of Mental Health as a
mentally abnormal sex offender shall not be open to the inspection of
any person not in the employ of the department or of the state
hospital, except that a judge of the superior court may by order
permit examination of such records.
The charges for the care and treatment rendered to persons
committed as mentally abnormal sex offenders shall be in accordance
with the provisions of Article 4 (commencing with Section 7275) of
Chapter 3 of Division 7.
4136. (a) Each patient in a state hospital for the mentally
disordered who has resided in the state hospital for a period of at
least 30 days shall be paid an amount of aid for his or her personal
and incidental needs that, when added to his or her income, equals
twelve dollars and fifty cents ($12.50) per month. If a patient
elects to do so, a patient may save all or any portion of his or her
monthly amount of aid provided for personal and incidental needs for
expenditure in subsequent months.
(b) Each indigent patient in a state hospital for the mentally
disordered shall be allotted sufficient materials for one letter each
week, including postage in an amount not to exceed the cost of one
stamp for first-class mail for a one-ounce letter, at no cost to the
patient.
(c) Each newly admitted patient, for the first 30 days after his
or her initial admission, shall be allotted sufficient materials for
two letters each week, including postage for first-class mail for up
to two one-ounce letters per week. The hospital administrator shall
ensure that additional writing materials and postage are available
for purchase by patients at the store or canteen on hospital grounds.
(d) For purposes of this section, "indigent patient" means any
patient whose income is no more than twelve dollars and fifty cents
($12.50) per month.
4137. Whenever a patient dies in a state mental hospital and the
coroner finds that the death was by accident or at the hands of
another person other than by accident, the State Department of Mental
Health shall determine upon review of the coroner's investigation if
such death resulted from the negligence, recklessness, or
intentional act of a state employee. If it is determined that such
death directly resulted from the negligence, recklessness, or
intentional act of a state employee, the department shall immediately
notify the State Personnel Board and any appropriate licensing
agency and shall terminate the employment of such employee as
provided by law. In addition, if such state employee is a licensed
mental health professional, the appropriate licensing board shall
inquire into the circumstances of such death, examine the findings of
the coroner's investigation, and make a determination of whether
such mental health professional should have his license revoked or
suspended or be subject to other disciplinary action. "Licensed
mental health professional," as used in this section, means a person
licensed by any board, bureau, department, or agency pursuant to a
state law and employed in a state mental hospital.
4138. (a) Upon receiving a request from the director of a state
hospital listed in Section 4100, the Director of Mental Health may
prohibit the possession or use of tobacco products on the grounds of
the requesting facility. The Director of Mental Health shall provide
an implementation plan that shall include a phase-in period for any
of the state hospitals listed in Section 4100 that prohibits the
possession or use of tobacco products by patients or any other
persons on hospital grounds, except on the premises of residential
staff housing where patients are not present.
(b) This prohibition shall include an exemption for departmentally
approved religious ceremonies.
(c) As part of the implementation plan, the department shall
provide any requesting patient with a smoking cessation plan that may
include, at minimum, an individual medical treatment plan,
counseling, prescription drugs, or nicotine replacement, as
determined to be medically necessary and appropriate.
(d) Nothing in this section shall be construed to restrict the
outside activity time currently available to hospital patients.
(e) If an implementation plan is adopted pursuant to subdivision
(a), the store or canteen at any facility subject to the prohibition
shall not sell tobacco products.
4100. The department has jurisdiction over the following
institutions:
(a) Atascadero State Hospital.
(b) Coalinga State Hospital.
(c) Metropolitan State Hospital.
(d) Napa State Hospital.
(e) Patton State Hospital.
4100.2. (a) Commencing January 10, 2009, and each year thereafter,
the State Department of Mental Health shall provide the fiscal
committees of the Legislature with a fiscal estimate package for the
current year and budget year for the state hospitals by January 10
and at the time of the Governor's May Revision.
(b) At a minimum, the estimate package shall address patient
caseload by commitment category, non-level-of-care and level-of-care
staffing requirements, and operating expenses and equipment.
(c) In addition to subdivision (b), each estimate submitted shall
include all of the following:
(1) A statement articulating the assumptions and methodologies
used for calculating the patient caseload factors, all staffing
costs, and operating expenses and equipment.
(2) Where applicable, individual policy changes shall contain a
narrative and basis for its proposed and estimated costs.
(3) Fiscal bridge charts shall be included to provide the basis
for the year-to-year changes.
(d) The department may provide any additional information as
deemed appropriate to provide a comprehensive fiscal perspective to
the Legislature for analysis and deliberations for purposes of
appropriation.
4100.5. The department may contract with the State Department of
Developmental Services to provide services to persons with mental
disorders in state hospitals under the jurisdiction of the State
Department of Developmental Services.
4101. Except as otherwise specifically provided elsewhere in this
code, all of the institutions under the jurisdiction of the State
Department of Mental Health shall be governed by uniform rule and
regulation of the State Department of Mental Health and all of the
provisions of this chapter shall apply to the conduct and management
of such institutions.
4101.5. (a) Notwithstanding any other law, the State Department of
Mental Health may contract with providers of health care services and
health care network providers, including, but not limited to, health
plans, preferred provider organizations, and other health care
network managers. Hospitals that do not contract with the department
for emergency health care services shall provide these services to
the department on the same basis as they are required to provide
these services pursuant to Section 489.24 of Title 42 of the Code of
Federal Regulations.
(b) The department may only reimburse a noncontract provider of
hospital or physician services at a rate equal to or less than the
amount payable under the Medicare Fee Schedule, regardless of whether
the hospital is located within or outside of California. An entity
that provides ambulance or any other emergency or nonemergency
response service to the department, and that does not contract with
the department for that service, shall be reimbursed for the service
at the rate payable under the Medicare Fee Schedule, regardless of
whether the provider is located within or outside of California.
(c) Until regulations or emergency regulations are adopted in
accordance with subdivision (g), the department shall not reimburse a
contract provider of hospital services at a rate that exceeds 130
percent of the amount payable under the Medicare Fee Schedule, a
contract provider of physician services at a rate that exceeds 110
percent of the amount payable under the Medicare Fee Schedule, or a
contract provider of ambulance services at a rate that exceeds 120
percent of the amount payable under the Medicare Fee Schedule. The
maximum rates established by this subdivision shall not apply to
reimbursement for administrative days, transplant services, services
provided pursuant to competitively bid contracts, or services
provided pursuant to a contract executed prior to September 1, 2009.
(d) The maximum rates set forth in this section shall not apply to
contracts entered into through the department's designated health
care network provider, if any. The rates for those contracts shall be
negotiated at the lowest rate possible under the circumstances.
(e) The department and its designated health care network provider
may enter into exclusive or nonexclusive contracts on a bid or
negotiated basis for hospital, physician, and ambulance services
contracts.
(f) The Director of Mental Health may adopt regulations to
implement this section. The adoption, amendment, or repeal of a
regulation authorized by this section is hereby exempted from the
rulemaking provisions of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code).
(g) The Director of Mental Health may change the maximum rates set
forth in this section by regulation or emergency regulation, adopted
in accordance with the Administrative Procedure Act, but no sooner
than 30 days after notification to the Joint Legislative Budget
Committee. Those changes may include, but are not limited to,
increasing or decreasing rates, or adding location-based
differentials such as those provided to small and rural hospitals as
defined in Section 124840 of the Health and Safety Code. The
adoption, amendment, repeal, or readoption of a regulation authorized
by this subdivision is deemed to address an emergency, for purposes
of Sections 11346.1 and 11349.6 of the Government Code, and the
director is hereby exempted for this purpose from the requirements of
subdivision (b) of Section 11346.1 of the Government Code.
(h) For persons who are transferred from the Department of
Corrections and Rehabilitation to, or are housed in, a state hospital
or psychiatric program under the jurisdiction of the State
Department of Mental Health, and while these persons remain under the
jurisdiction of the Department of Corrections and Rehabilitation as
inmates or parolees, health care or emergency services provided for
these persons outside of a State Department of Mental Health state
hospital or psychiatric program shall continue to be paid for or
reimbursed by the Department of Corrections and Rehabilitation in
accordance with Section 5023.5 of the Penal Code.
4102. Each state hospital is a corporation.
4103. Each such corporation may acquire and hold in its corporate
name by gift, grant, devise, or bequest property to be applied to the
maintenance of the patients of the hospital and for the general use
of the corporation.
4104. All lands necessary for the use of the state hospitals
specified in Section 4100, except those acquired by gift, devise, or
purchase, shall be acquired by condemnation as lands for other public
uses are acquired.
The terms of every purchase shall be approved by the State
Department of Mental Health. No public street or road for railway or
other purposes, except for hospital use, shall be opened through the
lands of any state hospital, unless the Legislature by special
enactment consents thereto.
4105. The Director of General Services shall grant to the County of
San Bernardino under such terms, conditions, and restrictions as he
or she deems to be for the best interests of the state, the necessary
easements and rights-of-way for all purposes of a public road on the
Patton State Hospital property. The right-of-way shall be across,
along, and upon the following described property:
The east 40 feet of the east one-half of the northwest one-quarter
of Section 32, Township 1 North, Range 3 West, San Bernardino Base
and Meridian, in the County of San Bernardino, State of California.
4106. Notwithstanding the provisions of Section 4104, the Director
of General Services, with the consent of the State Department of
Mental Health, may grant to the County of Napa a right-of-way for
public road purposes over the northerly portion of the Napa State
Hospital lands for the widening of Imola Avenue between Penny Lane
and Fourth Avenue, upon such terms and conditions as the Director of
General Services may deem for the best interests of the state.
4107. (a) The security of patients committed pursuant to Section
1026 of, and Chapter 6 (commencing with Section 1367) of Title 10 of
Part 2 of, the Penal Code, and former Sections 6316 and 6321, at
Patton State Hospital shall be the responsibility of the Secretary of
the Department of Corrections and Rehabilitation.
(b) The Department of Corrections and Rehabilitation and the State
Department of Mental Health shall jointly develop a plan to transfer
all patients committed to Patton State Hospital pursuant to the
provisions in subdivision (a) from Patton State Hospital no later
than January 1, 1986, and shall transmit this plan to the Senate
Committee on Judiciary and to the Assembly Committee on Criminal
Justice, and to the Senate Health and Welfare Committee and Assembly
Health Committee by June 30, 1983. The plan shall address whether the
transferred patients shall be moved to other state hospitals or to
correctional facilities, or both, for commitment and treatment.
(c) Notwithstanding any other provision of law, the State
Department of Mental Health shall house no more than 1,336 patients
at Patton State Hospital. However, until September 2012, up to 1,530
patients may be housed at the hospital.
(d) The Department of Corrections and Rehabilitation and the State
Department of Mental Health shall jointly develop a plan for
ensuring the external and internal security of the hospital during
the construction of additional beds at Patton State Hospital and the
establishment of related modular program space for which funding is
provided in the Budget Act of 2001. No funds shall be expended for
the expansion project until 30 days after the date upon which the
plan is submitted to the fiscal committees of the Legislature and the
Chair of the Joint Legislative Budget Committee.
(e) The Department of Corrections and Rehabilitation and the State
Department of Mental Health shall also jointly develop a plan for
ensuring the external and internal security of the hospital upon the
occupation of the additional beds at Patton State Hospital. These
beds shall not be occupied by patients until the later of the date
that is 30 days after the date upon which the plan is submitted to
the Chair of the Joint Legislative Budget Committee or the date upon
which it is implemented by the departments.
(f) This section shall remain in effect only until all patients
committed, pursuant to the provisions enumerated in subdivision (a),
have been removed from Patton State Hospital and shall have no force
or effect on or after that date.
4107.1. Consistent with the authority of the State Department of
Mental Health to maintain and operate state hospitals under its
jurisdiction, the State Department of Mental Health shall provide
internal security for the patient population at Patton State
Hospital. The State Department of Mental Health may employ hospital
police at Patton State Hospital for this purpose.
This section is not intended to increase or decrease the duties
and responsibilities of the Department of Corrections at Patton State
Hospital.
4109. The State Department of Mental Health has general control and
direction of the property and concerns of each state hospital
specified in Section 4100. The department shall:
(a) Take care of the interests of the hospital, and see that its
purpose and its bylaws, rules, and regulations are carried into
effect, according to law.
(b) Establish such bylaws, rules, and regulations as it deems
necessary and expedient for regulating the duties of officers and
employees of the hospital, and for its internal government,
discipline, and management.
(c) Maintain an effective inspection of the hospital.
4109.5. (a) Whenever the department proposes the closure of a state
hospital, it shall submit as part of the Governor's proposed budget
to the Legislature a complete program, to be developed jointly by the
State Department of Mental Health and the county in which the state
hospital is located, for absorbing as many of the staff of the
hospital into the local mental health programs as may be needed by
the county. Those programs shall include a redefinition of
occupational positions, if necessary, and a recognition by the
counties of licensed psychiatric technicians for treatment of the
mentally disordered, developmentally disabled, drug abusers, and
alcoholics.
(b) The Director of Mental Health shall submit all plans for the
closure of state hospitals as a report with the department's budget.
This report shall include all of the following:
(1) The land and buildings affected.
(2) The number of patients affected.
(3) Alternative plans for patients presently in the facilities.
(4) Alternative plans for patients who would have been served by
the facility assuming it was not closed.
(5) A joint statement of the impact of the closure by the
department and affected local treatment programs.
(c) These plans may be submitted to the Legislature until April 1
of each budget year. Any plans submitted after that date shall not be
considered until the fiscal year following that in which it is being
considered.
(d) The plan shall not be placed into effect unless the
Legislature specifically approves the plan.
(e) This section shall not apply to the proposed closure of a
developmental center.
4110. The medical superintendent shall make triplicate estimates,
in minute detail, as approved by the State Department of Mental
Health, of such supplies, expenses, buildings, and improvements as
are required for the best interests of the hospital, and for the
improvement thereof and of the grounds and buildings connected
therewith. These estimates shall be submitted to the State Department
of Mental Health, which may revise them. The department shall
certify that it has carefully examined the estimates, and that the
supplies, expenses, buildings, and improvements contained in such
estimates, as approved by it, are required for the best interests of
the hospital. The department shall thereupon proceed to purchase such
supplies, make such expenditures, or conduct such improvements or
buildings in accordance with law.
4111. The state hospitals may manufacture supplies and materials
necessary or required to be used in any of the state hospitals which
can be economically manufactured therein. The necessary cost and
expense of providing for and conducting the manufacture of such
supplies and materials shall be paid in the same manner as other
expenses of the hospitals. No hospital shall enter into or engage in
manufacturing any supplies or materials unless permission for the
same is obtained from the State Department of Mental Health. If, at
any time, it appears to the department that the manufacture of any
article is not being or cannot be economically carried on at a state
hospital, the department may suspend or stop the manufacture of such
article, and on receipt of a certified copy of the order directing
the suspension or stopping of such manufacture, by the medical
superintendent, the hospital shall cease from manufacturing such
article.
4112. (a) All money belonging to the state and received by state
hospitals from any source, except appropriations, shall, at the end
of each month, be deposited in the State Treasury, to the credit of
the General Fund. This section shall not apply to the funds known as
the industrial or amusement funds.
(b) There is hereby continuously appropriated from the General
Fund to the State Department of Mental Health that amount which is
necessary to pay the premium, as specified in Section 7353, for
third-party health coverage for Medicare beneficiaries who are
patients at state hospitals under the jurisdiction of the State
Department of Mental Health. It is the intent of the Legislature that
the General Fund expenditures authorized by this subdivision not
exceed the proceeds to be deposited in the General Fund from Medicare
payments to the State Department of Mental Health in any fiscal
year. If General Fund expenditures exceed Medicare proceeds in any
fiscal year, the State Department of Mental Health shall report to
the Joint Legislative Budget Committee and the Department of Finance
the following information: (1) the amount of any excess costs
compared to the Medicare proceeds; (2) the reasons for the excess
costs; and (3) a plan to ensure that in future fiscal years the costs
will not exceed proceeds.
4112.1. Section 4112 does not apply to the funds known as the
"sheltered workshop funds."
4113. The state hospitals and the officers thereof shall make such
financial statements to the Controller as the Controller requires.
4114. The authorities for the several hospitals shall furnish to
the State Department of Mental Health the facts mentioned in Section
4019 of this code and such other obtainable facts as the department
from time to time requires of them, with the opinion of the
superintendent thereon, if requested. The superintendent or other
person in charge of a hospital shall, within 10 days after the
admission of any person thereto, cause an abstract of the medical
certificate and order on which such person was received and a list of
all property, books, and papers of value found in the possession of
or belonging to such person to be forwarded to the office of the
department, and when a patient is discharged, transferred, or dies,
the superintendent or person in charge shall within three days
thereafter, send the information to the office of the department, in
accordance with the form prescribed by it.
4115. The department may permit, subject to such conditions and
regulations as it may impose, any religious or missionary corporation
or society to erect a building on the grounds of any state hospital
for the holding of religious services. Each such building when
erected shall become the property of the state and shall be used
exclusively for the benefit of the patients and employees of the
state hospital.
4116. The department may establish and supervise under its rules
and regulations training schools or courses for employees of the
department or of state institutions under its jurisdiction.
4117. (a) Whenever a trial is had of any person charged with escape
or attempt to escape from a state hospital, whenever a hearing is
had on the return of a writ of habeas corpus prosecuted by or on
behalf of any person confined in a state hospital except in a
proceeding to which Section 5110 applies, whenever a hearing is had
on a petition under Section 1026.2, subdivision (b) of Section
1026.5, Section 2972, or Section 2966 of the Penal Code, Section 7361
of this code, or former Section 6316.2 of this code for the release
of a person confined in a state hospital, and whenever a person
confined in a state hospital is tried for any crime committed
therein, the appropriate financial officer or other designated
official of the county in which the trial or hearing is had shall
make out a statement of all mental health treatment costs and shall
make out a separate statement of all nontreatment costs incurred by
the county for investigation and other preparation for the trial or
hearing, and the actual trial or hearing, all costs of maintaining
custody of the patient and transporting him or her to and from the
hospital, and costs of appeal, which statements shall be properly
certified by a judge of the superior court of that county and the
statement of mental health treatment costs shall be sent to the State
Department of Mental Health and the statement of all nontreatment
costs shall be sent to the Controller for approval. After approval,
the department shall cause the amount of mental health treatment
costs incurred on or after July 1, 1987, to be paid to the county
mental health director or his or her designee where the trial or
hearing was held out of the money appropriated for this purpose by
the Legislature. In addition, the Controller shall cause the amount
of all nontreatment costs incurred on and after July 1, 1987, to be
paid out of the money appropriated by the Legislature, to the county
treasurer of the county where the trial or hearing was had.
(b) Whenever a hearing is held pursuant to Section 1604, 1608,
1609, or 2966 of the Penal Code, all transportation costs to and from
a state hospital or a facility designated by the community program
director during the hearing shall be paid by the Controller as
provided in this subdivision. The appropriate financial officer or
other designated official of the county in which a hearing is held
shall make out a statement of all transportation costs incurred by
the county, which statement shall be properly certified by a judge of
the superior court of that county and sent to the Controller for
approval. The Controller shall cause the amount of transportation
costs incurred on and after July 1, 1987, to be paid to the county
treasurer of the county where the hearing was had out of the money
appropriated by the Legislature.
As used in this subdivision the community program director is the
person designated pursuant to Section 1605 of the Penal Code.
4118. The State Department of Mental Health shall cooperate with
the United States Bureau of Immigration in arranging for the
deportation of all aliens who are confined in, admitted, or committed
to any state hospital.
4119. The State Department of Mental Health shall investigate and
examine all nonresident persons residing in any state hospital for
the mentally disordered and shall cause these persons, when found to
be nonresidents as defined in this chapter, to be promptly and
humanely returned under proper supervision to the states in which
they have legal residence. The department may defer such action by
reason of a patient's medical condition.
Prior to returning the judicially committed nonresident to his or
her proper state of residency, the department shall:
(a) Obtain the written consent of the prosecuting attorney of the
committing county, the judicially committed nonresident person, and
the attorney of record for the judicially committed nonresident
person; or,
(b) In the department's discretion request a hearing in the
superior court of the committing county requesting a judicial
determination of the proposed transfer, notify the court that the
state of residence has agreed to the transfer, and file the
department's recommendation with a report explaining the reasons for
its recommendation.
The court shall give notice of such a hearing to the prosecuting
attorney, the judicially committed nonresident person, the attorney
of record for the judicially committed nonresident person and the
department, no less than 30 days before such hearing. At the hearing,
the prosecuting attorney and the judicially committed nonresident
person may present evidence bearing on the intended transfer. After
considering all evidence presented, the court shall determine whether
the intended transfer is in the best interest of and for the proper
protection of the nonresident person and the public. The court shall
use the same procedures and standard of proof as used in conducting
probation revocation hearings pursuant to Section 1203.2 of the Penal
Code.
For the purpose of facilitating the prompt and humane return of
such persons, the State Department of Mental Health may enter into
reciprocal agreements with the proper boards, commissions, or
officers of other states or political subdivision thereof for the
mutual exchange or return of persons residing in any state hospital
for the mentally disordered in one state whose legal residence is in
the other, and it may in these reciprocal agreements vary the period
of residence as defined in this chapter to meet the requirements or
laws of the other states.
The department may give written permission for the return of any
resident of this state confined in a public institution in another
state, corresponding to any state hospital for the mentally
disordered of this state. When a resident is returned to this state
pursuant to this chapter, he or she may be admitted as a voluntary
patient to any institution of the department as designated by the
Director of Mental Health. If he or she is mentally disordered and is
a danger to himself or herself or others, or he or she is gravely
disabled, he or she may be detained and given care and services in
accordance with the provisions of Part 1 (commencing with Section
5000) of Division 5.
4120. Except as otherwise provided in this section in determining
residence for purposes of being entitled to hospitalization in this
state and for purposes of returning patients to the states of their
residence, an adult person who has lived continuously in this state
for a period of one year and who has not acquired residence in
another state by living continuously therein for at least one year
subsequent to his residence in this state shall be deemed to be a
resident of this state. Except as otherwise provided in this section
a minor is entitled to hospitalization in this state if the parent or
guardian or conservator having custody of the minor has lived
continuously in this state for a period of one year and has not
acquired residence in another state by living continuously therein
for at least one year subsequent to his residence in this state. Such
parent, guardian, or conservator shall be deemed a resident of this
state for the purposes of this section, and such minor shall be
eligible for hospitalization in this state as a mentally disordered
person. The eligibility of such minor for hospitalization in this
state ceases when such parent, guardian, or conservator ceases to be
a resident of this state and such minor shall be transferred to the
state of residence of the parent, guardian, or conservator in
accordance with the applicable provisions of this code. Time spent in
a public institution for the care of the mentally disordered or
developmentally disabled or on leave of absence therefrom shall not
be counted in determining the matter of residence in this or another
state.
Residence acquired in this or in another state shall not be lost
by reason of military service in the armed forces of the United
States.
4121. All expenses incurred in returning these persons to other
states shall be paid by this state, the person or his or her
relatives, but the expense of returning residents of this state shall
be borne by the states making the returns.
The cost and expense incurred in effecting the transportation of
these nonresident persons to the states in which they have residence
shall be advanced from the funds appropriated for that purpose, or,
if necessary, from the money appropriated for the care of delinquent
or mentally disordered persons .
4122. The State Department of Mental Health, when it deems it
necessary, may, under conditions prescribed by the director, transfer
any patients of a state institution under its jurisdiction to
another such institution. Transfers of patients of state hospitals
shall be made in accordance with the provisions of Section 7300.
Transfer of a conservatee shall only be with the consent of the
conservator.
The expense of any such transfer shall be paid from the moneys
available by law for the support of the department or for the support
of the institution from which the patient is transferred. Liability
for the care, support, and maintenance of a patient so transferred in
the institution to which he has been transferred shall be the same
as if he had originally been committed to such institution. The State
Department of Mental Health shall present to the county, not more
frequently than monthly, a claim for the amount due the state for
care, support, and maintenance of any such patients and which the
county shall process and pay pursuant to the provisions of Chapter 4
(commencing with Section 29700) of Division 3 of Title 3 of the
Government Code.
4123. The Director of Mental Health may authorize the transfer of
persons from any institution within the department to any institution
authorized by the federal government to receive such person.
4124. The State Department of Mental Health shall send to the
Department of Veterans Affairs whenever requested a list of all
persons who have been patients for six months or more in each state
institution within the jurisdiction of the State Department of Mental
Health and who are known to have served in the armed forces of the
United States.
4125. (a) The director may deposit any funds of any patient in the
possession of each hospital administrator of a state hospital in
trust with the treasurer pursuant to Section 16305.3 of the
Government Code or, subject to the approval of the Department of
Finance, may deposit these funds in an interest-bearing bank account
or invest and reinvest these funds in any security described in
Article 1 (commencing with Section 16430) of Chapter 3 of Part 2 of
Division 4 of Title 2 of the Government Code, and for the purposes of
deposit or investment only may mingle the funds of any patient with
the funds of any other patient. The hospital administrator with the
consent of the patient may deposit the interest or increment on the
funds of a patient in the state hospital in a special fund for each
state hospital, to be designated the "Benefit Fund," of which the
hospital administrator shall be the trustee. He or she may, with the
approval of the director, after taking into consideration the
recommendations of representatives of patient government and
recommendations submitted by patient groups, expend the moneys in
this fund for the education or entertainment of the patients of the
institution.
(b) On and after December 1, 1970:
(1) The funds of a patient in a state hospital or a patient on
leave of absence from a state hospital shall not be deposited in
interest-bearing bank accounts or invested and reinvested pursuant to
this section except when authorized by the patient.
(2) Any interest or increment accruing on the funds of a patient
on leave of absence from a state hospital shall be deposited in his
or her account.
(3) Any interest or increment accruing on the funds of a patient
in a state hospital shall be deposited in his or her account, unless
the patient authorizes their deposit in the state hospital's benefit
fund.
(c) Any state hospital charges for patient care against the funds
of a patient in the possession of a hospital administrator or
deposited pursuant to this section and used to pay for that care,
shall be stated in an itemized bill to the patient.
(d) No later than August 15 of each year, the director shall
provide to the Legislature a summary data sheet containing
information on how the benefit fund at each state hospital was
expended in the previous fiscal year.
4126. Whenever any patient in any state institution subject to the
jurisdiction of the State Department of Mental Health dies, and any
personal funds or property of such patient remains in the hands of
the superintendent thereof, and no demand is made upon said
superintendent by the owner of the funds or property or his legally
appointed representative all money and other personal property of
such decedent remaining in the custody or possession of the
superintendent thereof shall be held by him for a period of one year
from the date of death of the decedent, for the benefit of the heirs,
legatees, or successors in interest of such decedent.
Upon the expiration of said one-year period, any money remaining
unclaimed in the custody or possession of the superintendent shall be
delivered by him to the State Treasurer for deposit in the Unclaimed
Property Fund under the provision of Article 1 (commencing with
Section 1440) of Chapter 6 of Title 10 of Part 3 of the Code of Civil
Procedure.
Upon the expiration of said one-year period, all personal property
and documents of the decedent, other than cash, remaining unclaimed
in the custody or possession of the superintendent, shall be disposed
of as follows:
(a) All deeds, contracts or assignments shall be filed by the
superintendent with the public administrator of the county of
commitment of the decedent;
(b) All other personal property shall be sold by the
superintendent at public auction, or upon a sealed-bid basis, and the
proceeds of the sale delivered by him to the State Treasurer in the
same manner as is herein provided with respect to unclaimed money of
the decedent. If he deems it expedient to do so, the superintendent
may accumulate the property of several decedents and sell the
property in such lots as he may determine, provided that he makes a
determination as to each decedent's share of the proceeds;
(c) If any personal property of the decedent is not salable at
public auction, or upon a sealed-bid basis, or if it has no intrinsic
value, or if its value is not sufficient to justify the deposit of
such property in the State Treasury, the superintendent may order it
destroyed;
(d) All other unclaimed personal property of the decedent not
disposed of as provided in paragraph (a), (b), or (c) hereof, shall
be delivered by the superintendent to the State Controller for
deposit in the State Treasury under the provisions of Article 1
(commencing with Section 1440) of Chapter 6 of Title 10 of Part 3 of
the Code of Civil Procedure.
4127. (a) Whenever any patient in any state institution subject to
the jurisdiction of the State Department of Mental Health escapes, is
discharged, or is on leave of absence from the institution, and any
personal funds or property of the patient remains in the hands of the
superintendent, and no demand is made upon the superintendent by the
owner of the funds or property or his or her legally appointed
representative, all money and other intangible personal property of
the patient, other than deeds, contracts, or assignments, remaining
in the custody or possession of the superintendent shall be held by
him or her for a period of seven years from the date of the escape,
discharge, or leave of absence, for the benefit of the patient or his
or her successors in interest. Unclaimed personal funds or property
of minors on leave of absence may be exempted from this section
during the period of their minority and for a period of one year
thereafter, at the discretion of the Director of Mental Health.
(b) Upon the expiration of the seven-year period, any money and
other intangible property, other than deeds, contracts, or
assignments, remaining unclaimed in the custody or possession of the
superintendent shall be subject to Chapter 7 (commencing with Section
1500) of Title 10 of Part 3 of the Code of Civil Procedure.
(c) Upon the expiration of one year from the date of the escape,
discharge, or parole, the following shall apply:
(1) All deeds, contracts, or assignments shall be filed by the
superintendent with the public administrator of the county of
commitment of the patient.
(2) All tangible personal property other than money, remaining
unclaimed in the superintendent's custody or possession, shall be
sold by the superintendent at public auction, or upon a sealed-bid
basis, and the proceeds of the sale shall be held by him or her
subject to Section 4125 of this code and Chapter 7 (commencing with
Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.
If the superintendent deems it expedient to do so, the superintendent
may accumulate the property of several patients and may sell the
property in lots that the superintendent determines, provided that
the superintendent makes a determination as to each patient's share
of the proceeds.
(d) If any tangible personal property covered by this section is
not salable at public auction or upon a sealed-bid basis, or if it
has no intrinsic value or its value is not sufficient to justify its
retention by the superintendent to be offered for sale at public
auction or upon a sealed-bid basis at a later date, the
superintendent may order it destroyed.
4128. Before any money or other personal property or documents are
delivered to the State Treasurer, State Controller, or public
administrator, or sold at auction or upon a sealed-bid basis, or
destroyed, under the provisions of Section 4126, and before any
personal property or documents are delivered to the public
administrator, or sold at auction or upon a sealed-bid basis, or
destroyed, under the provisions of Section 4127, of this code, notice
of said intended disposition shall be posted at least 30 days prior
to the disposition, in a public place at the institution where the
disposition is to be made, and a copy of such notice shall be mailed
to the last known address of the owner or deceased owner, at least 30
days prior to such disposition. The notice prescribed by this
section need not specifically describe each item of property to be
disposed of.
4129. At the time of delivering any money or other personal
property to the State Treasurer or State Controller under the
provisions of Section 4126 or of Chapter 7 of Title 10 of Part 3 of
the Code of Civil Procedure, the superintendent shall deliver to the
State Controller a schedule setting forth a statement and description
of all money and other personal property delivered, and the name and
last known address of the owner or deceased owner.
4130. When any personal property has been destroyed as provided in
Sections 4126 or 4127, no suit shall thereafter be maintained by any
person against the state or any officer thereof for or on account of
such property.
4131. Notwithstanding any other provision of law, the provisions of
Sections 4126 and 4127 shall apply (1) to all money and other
personal property delivered to the State Treasurer or State
Controller prior to the effective date of said sections, which would
have been subject to the provisions thereof if they had been in
effect on the date of such delivery; and (2) to all money and other
personal property delivered to the State Treasurer or State
Controller prior to the effective date of the 1961 amendments to said
sections, as said provisions would have applied on the date of such
delivery if, on said date of delivery, the provisions of Chapter
1809, Statutes of 1959, had not been in effect.
4132. It is hereby declared that the provisions of this code
reflect the concern of the Legislature that mentally disordered
persons are to be regarded as patients to be provided care and
treatment and not as inmates of institutions for the purposes of
secluding them from the rest of the public.
Whenever any provision of this code heretofore or hereafter
enacted uses the term "inmate," it shall be construed to mean
"patient."
4133. All day hospitals and rehabilitation centers maintained by
the State Department of Mental Health shall be subject to the
provisions of this code pertaining to the admission, transfer, and
discharge of patients at the state hospitals, except that all
admissions to such facilities shall be subject to the approval of the
chief officer thereof. Charges for services rendered to patients at
such facilities shall be determined pursuant to Section 4025. The
liability for such charges shall be governed by the provisions of
Article 4 (commencing with Section 7275) of Chapter 2 of Division 7,
except at the hospitals maintained by the State Department of
Developmental Services such liability shall be governed by the
provisions of Article 4 (commencing with Section 6715) of Chapter 3
of Part 2 of Division 6 and Chapter 3 (commencing with Section 7500)
of Division 7.
4134. The state mental hospitals under the jurisdiction of the
State Department of Mental Health shall comply with the California
Food Sanitation Act, Article 1 (commencing with Section 111950) of
Chapter 4 of Part 6 of Division 104 of the Health and Safety Code.
The state mental hospitals under the jurisdiction of the State
Department of Mental Health shall also comply with the California
Uniform Retail Food Facilities Law, Chapter 4 (commencing with
Section 113700) of Part 7 of Division 104 of the Health and Safety
Code.
Sanitation, health and hygiene standards that have been adopted by
a city, county, or city and county that are more strict than those
of the California Uniform Retail Food Facilities Law or the
California Food Sanitation Act shall not be applicable to state
mental hospitals that are under the jurisdiction of the State
Department of Mental Health.
4135. Any person committed to the State Department of Mental Health
as a mentally abnormal sex offender shall remain a patient committed
to the department for the period specified in the court order of
commitment or until discharged by the medical director of the state
hospital in which the person is a patient, whichever occurs first.
The medical director may grant such patient a leave of absence upon
such terms and conditions as the medical director deems proper. The
petition for commitment of a person as a mentally abnormal sex
offender, the reports, the court orders and other court documents
filed in the court in connection therewith shall not be open to
inspection by any other than the parties to the proceeding, the
attorneys for the party or parties, and the State Department of
Mental Health, except upon the written authority of a judge of the
superior court of the county in which the proceedings were had.
Records of the supervision, care and treatment given to each
person committed to the State Department of Mental Health as a
mentally abnormal sex offender shall not be open to the inspection of
any person not in the employ of the department or of the state
hospital, except that a judge of the superior court may by order
permit examination of such records.
The charges for the care and treatment rendered to persons
committed as mentally abnormal sex offenders shall be in accordance
with the provisions of Article 4 (commencing with Section 7275) of
Chapter 3 of Division 7.
4136. (a) Each patient in a state hospital for the mentally
disordered who has resided in the state hospital for a period of at
least 30 days shall be paid an amount of aid for his or her personal
and incidental needs that, when added to his or her income, equals
twelve dollars and fifty cents ($12.50) per month. If a patient
elects to do so, a patient may save all or any portion of his or her
monthly amount of aid provided for personal and incidental needs for
expenditure in subsequent months.
(b) Each indigent patient in a state hospital for the mentally
disordered shall be allotted sufficient materials for one letter each
week, including postage in an amount not to exceed the cost of one
stamp for first-class mail for a one-ounce letter, at no cost to the
patient.
(c) Each newly admitted patient, for the first 30 days after his
or her initial admission, shall be allotted sufficient materials for
two letters each week, including postage for first-class mail for up
to two one-ounce letters per week. The hospital administrator shall
ensure that additional writing materials and postage are available
for purchase by patients at the store or canteen on hospital grounds.
(d) For purposes of this section, "indigent patient" means any
patient whose income is no more than twelve dollars and fifty cents
($12.50) per month.
4137. Whenever a patient dies in a state mental hospital and the
coroner finds that the death was by accident or at the hands of
another person other than by accident, the State Department of Mental
Health shall determine upon review of the coroner's investigation if
such death resulted from the negligence, recklessness, or
intentional act of a state employee. If it is determined that such
death directly resulted from the negligence, recklessness, or
intentional act of a state employee, the department shall immediately
notify the State Personnel Board and any appropriate licensing
agency and shall terminate the employment of such employee as
provided by law. In addition, if such state employee is a licensed
mental health professional, the appropriate licensing board shall
inquire into the circumstances of such death, examine the findings of
the coroner's investigation, and make a determination of whether
such mental health professional should have his license revoked or
suspended or be subject to other disciplinary action. "Licensed
mental health professional," as used in this section, means a person
licensed by any board, bureau, department, or agency pursuant to a
state law and employed in a state mental hospital.
4138. (a) Upon receiving a request from the director of a state
hospital listed in Section 4100, the Director of Mental Health may
prohibit the possession or use of tobacco products on the grounds of
the requesting facility. The Director of Mental Health shall provide
an implementation plan that shall include a phase-in period for any
of the state hospitals listed in Section 4100 that prohibits the
possession or use of tobacco products by patients or any other
persons on hospital grounds, except on the premises of residential
staff housing where patients are not present.
(b) This prohibition shall include an exemption for departmentally
approved religious ceremonies.
(c) As part of the implementation plan, the department shall
provide any requesting patient with a smoking cessation plan that may
include, at minimum, an individual medical treatment plan,
counseling, prescription drugs, or nicotine replacement, as
determined to be medically necessary and appropriate.
(d) Nothing in this section shall be construed to restrict the
outside activity time currently available to hospital patients.
(e) If an implementation plan is adopted pursuant to subdivision
(a), the store or canteen at any facility subject to the prohibition
shall not sell tobacco products.
4100. The department has jurisdiction over the following
institutions:
(a) Atascadero State Hospital.
(b) Coalinga State Hospital.
(c) Metropolitan State Hospital.
(d) Napa State Hospital.
(e) Patton State Hospital.
4100.2. (a) Commencing January 10, 2009, and each year thereafter,
the State Department of Mental Health shall provide the fiscal
committees of the Legislature with a fiscal estimate package for the
current year and budget year for the state hospitals by January 10
and at the time of the Governor's May Revision.
(b) At a minimum, the estimate package shall address patient
caseload by commitment category, non-level-of-care and level-of-care
staffing requirements, and operating expenses and equipment.
(c) In addition to subdivision (b), each estimate submitted shall
include all of the following:
(1) A statement articulating the assumptions and methodologies
used for calculating the patient caseload factors, all staffing
costs, and operating expenses and equipment.
(2) Where applicable, individual policy changes shall contain a
narrative and basis for its proposed and estimated costs.
(3) Fiscal bridge charts shall be included to provide the basis
for the year-to-year changes.
(d) The department may provide any additional information as
deemed appropriate to provide a comprehensive fiscal perspective to
the Legislature for analysis and deliberations for purposes of
appropriation.
4100.5. The department may contract with the State Department of
Developmental Services to provide services to persons with mental
disorders in state hospitals under the jurisdiction of the State
Department of Developmental Services.
4101. Except as otherwise specifically provided elsewhere in this
code, all of the institutions under the jurisdiction of the State
Department of Mental Health shall be governed by uniform rule and
regulation of the State Department of Mental Health and all of the
provisions of this chapter shall apply to the conduct and management
of such institutions.
4101.5. (a) Notwithstanding any other law, the State Department of
Mental Health may contract with providers of health care services and
health care network providers, including, but not limited to, health
plans, preferred provider organizations, and other health care
network managers. Hospitals that do not contract with the department
for emergency health care services shall provide these services to
the department on the same basis as they are required to provide
these services pursuant to Section 489.24 of Title 42 of the Code of
Federal Regulations.
(b) The department may only reimburse a noncontract provider of
hospital or physician services at a rate equal to or less than the
amount payable under the Medicare Fee Schedule, regardless of whether
the hospital is located within or outside of California. An entity
that provides ambulance or any other emergency or nonemergency
response service to the department, and that does not contract with
the department for that service, shall be reimbursed for the service
at the rate payable under the Medicare Fee Schedule, regardless of
whether the provider is located within or outside of California.
(c) Until regulations or emergency regulations are adopted in
accordance with subdivision (g), the department shall not reimburse a
contract provider of hospital services at a rate that exceeds 130
percent of the amount payable under the Medicare Fee Schedule, a
contract provider of physician services at a rate that exceeds 110
percent of the amount payable under the Medicare Fee Schedule, or a
contract provider of ambulance services at a rate that exceeds 120
percent of the amount payable under the Medicare Fee Schedule. The
maximum rates established by this subdivision shall not apply to
reimbursement for administrative days, transplant services, services
provided pursuant to competitively bid contracts, or services
provided pursuant to a contract executed prior to September 1, 2009.
(d) The maximum rates set forth in this section shall not apply to
contracts entered into through the department's designated health
care network provider, if any. The rates for those contracts shall be
negotiated at the lowest rate possible under the circumstances.
(e) The department and its designated health care network provider
may enter into exclusive or nonexclusive contracts on a bid or
negotiated basis for hospital, physician, and ambulance services
contracts.
(f) The Director of Mental Health may adopt regulations to
implement this section. The adoption, amendment, or repeal of a
regulation authorized by this section is hereby exempted from the
rulemaking provisions of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code).
(g) The Director of Mental Health may change the maximum rates set
forth in this section by regulation or emergency regulation, adopted
in accordance with the Administrative Procedure Act, but no sooner
than 30 days after notification to the Joint Legislative Budget
Committee. Those changes may include, but are not limited to,
increasing or decreasing rates, or adding location-based
differentials such as those provided to small and rural hospitals as
defined in Section 124840 of the Health and Safety Code. The
adoption, amendment, repeal, or readoption of a regulation authorized
by this subdivision is deemed to address an emergency, for purposes
of Sections 11346.1 and 11349.6 of the Government Code, and the
director is hereby exempted for this purpose from the requirements of
subdivision (b) of Section 11346.1 of the Government Code.
(h) For persons who are transferred from the Department of
Corrections and Rehabilitation to, or are housed in, a state hospital
or psychiatric program under the jurisdiction of the State
Department of Mental Health, and while these persons remain under the
jurisdiction of the Department of Corrections and Rehabilitation as
inmates or parolees, health care or emergency services provided for
these persons outside of a State Department of Mental Health state
hospital or psychiatric program shall continue to be paid for or
reimbursed by the Department of Corrections and Rehabilitation in
accordance with Section 5023.5 of the Penal Code.
4102. Each state hospital is a corporation.
4103. Each such corporation may acquire and hold in its corporate
name by gift, grant, devise, or bequest property to be applied to the
maintenance of the patients of the hospital and for the general use
of the corporation.
4104. All lands necessary for the use of the state hospitals
specified in Section 4100, except those acquired by gift, devise, or
purchase, shall be acquired by condemnation as lands for other public
uses are acquired.
The terms of every purchase shall be approved by the State
Department of Mental Health. No public street or road for railway or
other purposes, except for hospital use, shall be opened through the
lands of any state hospital, unless the Legislature by special
enactment consents thereto.
4105. The Director of General Services shall grant to the County of
San Bernardino under such terms, conditions, and restrictions as he
or she deems to be for the best interests of the state, the necessary
easements and rights-of-way for all purposes of a public road on the
Patton State Hospital property. The right-of-way shall be across,
along, and upon the following described property:
The east 40 feet of the east one-half of the northwest one-quarter
of Section 32, Township 1 North, Range 3 West, San Bernardino Base
and Meridian, in the County of San Bernardino, State of California.
4106. Notwithstanding the provisions of Section 4104, the Director
of General Services, with the consent of the State Department of
Mental Health, may grant to the County of Napa a right-of-way for
public road purposes over the northerly portion of the Napa State
Hospital lands for the widening of Imola Avenue between Penny Lane
and Fourth Avenue, upon such terms and conditions as the Director of
General Services may deem for the best interests of the state.
4107. (a) The security of patients committed pursuant to Section
1026 of, and Chapter 6 (commencing with Section 1367) of Title 10 of
Part 2 of, the Penal Code, and former Sections 6316 and 6321, at
Patton State Hospital shall be the responsibility of the Secretary of
the Department of Corrections and Rehabilitation.
(b) The Department of Corrections and Rehabilitation and the State
Department of Mental Health shall jointly develop a plan to transfer
all patients committed to Patton State Hospital pursuant to the
provisions in subdivision (a) from Patton State Hospital no later
than January 1, 1986, and shall transmit this plan to the Senate
Committee on Judiciary and to the Assembly Committee on Criminal
Justice, and to the Senate Health and Welfare Committee and Assembly
Health Committee by June 30, 1983. The plan shall address whether the
transferred patients shall be moved to other state hospitals or to
correctional facilities, or both, for commitment and treatment.
(c) Notwithstanding any other provision of law, the State
Department of Mental Health shall house no more than 1,336 patients
at Patton State Hospital. However, until September 2012, up to 1,530
patients may be housed at the hospital.
(d) The Department of Corrections and Rehabilitation and the State
Department of Mental Health shall jointly develop a plan for
ensuring the external and internal security of the hospital during
the construction of additional beds at Patton State Hospital and the
establishment of related modular program space for which funding is
provided in the Budget Act of 2001. No funds shall be expended for
the expansion project until 30 days after the date upon which the
plan is submitted to the fiscal committees of the Legislature and the
Chair of the Joint Legislative Budget Committee.
(e) The Department of Corrections and Rehabilitation and the State
Department of Mental Health shall also jointly develop a plan for
ensuring the external and internal security of the hospital upon the
occupation of the additional beds at Patton State Hospital. These
beds shall not be occupied by patients until the later of the date
that is 30 days after the date upon which the plan is submitted to
the Chair of the Joint Legislative Budget Committee or the date upon
which it is implemented by the departments.
(f) This section shall remain in effect only until all patients
committed, pursuant to the provisions enumerated in subdivision (a),
have been removed from Patton State Hospital and shall have no force
or effect on or after that date.
4107.1. Consistent with the authority of the State Department of
Mental Health to maintain and operate state hospitals under its
jurisdiction, the State Department of Mental Health shall provide
internal security for the patient population at Patton State
Hospital. The State Department of Mental Health may employ hospital
police at Patton State Hospital for this purpose.
This section is not intended to increase or decrease the duties
and responsibilities of the Department of Corrections at Patton State
Hospital.
4109. The State Department of Mental Health has general control and
direction of the property and concerns of each state hospital
specified in Section 4100. The department shall:
(a) Take care of the interests of the hospital, and see that its
purpose and its bylaws, rules, and regulations are carried into
effect, according to law.
(b) Establish such bylaws, rules, and regulations as it deems
necessary and expedient for regulating the duties of officers and
employees of the hospital, and for its internal government,
discipline, and management.
(c) Maintain an effective inspection of the hospital.
4109.5. (a) Whenever the department proposes the closure of a state
hospital, it shall submit as part of the Governor's proposed budget
to the Legislature a complete program, to be developed jointly by the
State Department of Mental Health and the county in which the state
hospital is located, for absorbing as many of the staff of the
hospital into the local mental health programs as may be needed by
the county. Those programs shall include a redefinition of
occupational positions, if necessary, and a recognition by the
counties of licensed psychiatric technicians for treatment of the
mentally disordered, developmentally disabled, drug abusers, and
alcoholics.
(b) The Director of Mental Health shall submit all plans for the
closure of state hospitals as a report with the department's budget.
This report shall include all of the following:
(1) The land and buildings affected.
(2) The number of patients affected.
(3) Alternative plans for patients presently in the facilities.
(4) Alternative plans for patients who would have been served by
the facility assuming it was not closed.
(5) A joint statement of the impact of the closure by the
department and affected local treatment programs.
(c) These plans may be submitted to the Legislature until April 1
of each budget year. Any plans submitted after that date shall not be
considered until the fiscal year following that in which it is being
considered.
(d) The plan shall not be placed into effect unless the
Legislature specifically approves the plan.
(e) This section shall not apply to the proposed closure of a
developmental center.
4110. The medical superintendent shall make triplicate estimates,
in minute detail, as approved by the State Department of Mental
Health, of such supplies, expenses, buildings, and improvements as
are required for the best interests of the hospital, and for the
improvement thereof and of the grounds and buildings connected
therewith. These estimates shall be submitted to the State Department
of Mental Health, which may revise them. The department shall
certify that it has carefully examined the estimates, and that the
supplies, expenses, buildings, and improvements contained in such
estimates, as approved by it, are required for the best interests of
the hospital. The department shall thereupon proceed to purchase such
supplies, make such expenditures, or conduct such improvements or
buildings in accordance with law.
4111. The state hospitals may manufacture supplies and materials
necessary or required to be used in any of the state hospitals which
can be economically manufactured therein. The necessary cost and
expense of providing for and conducting the manufacture of such
supplies and materials shall be paid in the same manner as other
expenses of the hospitals. No hospital shall enter into or engage in
manufacturing any supplies or materials unless permission for the
same is obtained from the State Department of Mental Health. If, at
any time, it appears to the department that the manufacture of any
article is not being or cannot be economically carried on at a state
hospital, the department may suspend or stop the manufacture of such
article, and on receipt of a certified copy of the order directing
the suspension or stopping of such manufacture, by the medical
superintendent, the hospital shall cease from manufacturing such
article.
4112. (a) All money belonging to the state and received by state
hospitals from any source, except appropriations, shall, at the end
of each month, be deposited in the State Treasury, to the credit of
the General Fund. This section shall not apply to the funds known as
the industrial or amusement funds.
(b) There is hereby continuously appropriated from the General
Fund to the State Department of Mental Health that amount which is
necessary to pay the premium, as specified in Section 7353, for
third-party health coverage for Medicare beneficiaries who are
patients at state hospitals under the jurisdiction of the State
Department of Mental Health. It is the intent of the Legislature that
the General Fund expenditures authorized by this subdivision not
exceed the proceeds to be deposited in the General Fund from Medicare
payments to the State Department of Mental Health in any fiscal
year. If General Fund expenditures exceed Medicare proceeds in any
fiscal year, the State Department of Mental Health shall report to
the Joint Legislative Budget Committee and the Department of Finance
the following information: (1) the amount of any excess costs
compared to the Medicare proceeds; (2) the reasons for the excess
costs; and (3) a plan to ensure that in future fiscal years the costs
will not exceed proceeds.
4112.1. Section 4112 does not apply to the funds known as the
"sheltered workshop funds."
4113. The state hospitals and the officers thereof shall make such
financial statements to the Controller as the Controller requires.
4114. The authorities for the several hospitals shall furnish to
the State Department of Mental Health the facts mentioned in Section
4019 of this code and such other obtainable facts as the department
from time to time requires of them, with the opinion of the
superintendent thereon, if requested. The superintendent or other
person in charge of a hospital shall, within 10 days after the
admission of any person thereto, cause an abstract of the medical
certificate and order on which such person was received and a list of
all property, books, and papers of value found in the possession of
or belonging to such person to be forwarded to the office of the
department, and when a patient is discharged, transferred, or dies,
the superintendent or person in charge shall within three days
thereafter, send the information to the office of the department, in
accordance with the form prescribed by it.
4115. The department may permit, subject to such conditions and
regulations as it may impose, any religious or missionary corporation
or society to erect a building on the grounds of any state hospital
for the holding of religious services. Each such building when
erected shall become the property of the state and shall be used
exclusively for the benefit of the patients and employees of the
state hospital.
4116. The department may establish and supervise under its rules
and regulations training schools or courses for employees of the
department or of state institutions under its jurisdiction.
4117. (a) Whenever a trial is had of any person charged with escape
or attempt to escape from a state hospital, whenever a hearing is
had on the return of a writ of habeas corpus prosecuted by or on
behalf of any person confined in a state hospital except in a
proceeding to which Section 5110 applies, whenever a hearing is had
on a petition under Section 1026.2, subdivision (b) of Section
1026.5, Section 2972, or Section 2966 of the Penal Code, Section 7361
of this code, or former Section 6316.2 of this code for the release
of a person confined in a state hospital, and whenever a person
confined in a state hospital is tried for any crime committed
therein, the appropriate financial officer or other designated
official of the county in which the trial or hearing is had shall
make out a statement of all mental health treatment costs and shall
make out a separate statement of all nontreatment costs incurred by
the county for investigation and other preparation for the trial or
hearing, and the actual trial or hearing, all costs of maintaining
custody of the patient and transporting him or her to and from the
hospital, and costs of appeal, which statements shall be properly
certified by a judge of the superior court of that county and the
statement of mental health treatment costs shall be sent to the State
Department of Mental Health and the statement of all nontreatment
costs shall be sent to the Controller for approval. After approval,
the department shall cause the amount of mental health treatment
costs incurred on or after July 1, 1987, to be paid to the county
mental health director or his or her designee where the trial or
hearing was held out of the money appropriated for this purpose by
the Legislature. In addition, the Controller shall cause the amount
of all nontreatment costs incurred on and after July 1, 1987, to be
paid out of the money appropriated by the Legislature, to the county
treasurer of the county where the trial or hearing was had.
(b) Whenever a hearing is held pursuant to Section 1604, 1608,
1609, or 2966 of the Penal Code, all transportation costs to and from
a state hospital or a facility designated by the community program
director during the hearing shall be paid by the Controller as
provided in this subdivision. The appropriate financial officer or
other designated official of the county in which a hearing is held
shall make out a statement of all transportation costs incurred by
the county, which statement shall be properly certified by a judge of
the superior court of that county and sent to the Controller for
approval. The Controller shall cause the amount of transportation
costs incurred on and after July 1, 1987, to be paid to the county
treasurer of the county where the hearing was had out of the money
appropriated by the Legislature.
As used in this subdivision the community program director is the
person designated pursuant to Section 1605 of the Penal Code.
4118. The State Department of Mental Health shall cooperate with
the United States Bureau of Immigration in arranging for the
deportation of all aliens who are confined in, admitted, or committed
to any state hospital.
4119. The State Department of Mental Health shall investigate and
examine all nonresident persons residing in any state hospital for
the mentally disordered and shall cause these persons, when found to
be nonresidents as defined in this chapter, to be promptly and
humanely returned under proper supervision to the states in which
they have legal residence. The department may defer such action by
reason of a patient's medical condition.
Prior to returning the judicially committed nonresident to his or
her proper state of residency, the department shall:
(a) Obtain the written consent of the prosecuting attorney of the
committing county, the judicially committed nonresident person, and
the attorney of record for the judicially committed nonresident
person; or,
(b) In the department's discretion request a hearing in the
superior court of the committing county requesting a judicial
determination of the proposed transfer, notify the court that the
state of residence has agreed to the transfer, and file the
department's recommendation with a report explaining the reasons for
its recommendation.
The court shall give notice of such a hearing to the prosecuting
attorney, the judicially committed nonresident person, the attorney
of record for the judicially committed nonresident person and the
department, no less than 30 days before such hearing. At the hearing,
the prosecuting attorney and the judicially committed nonresident
person may present evidence bearing on the intended transfer. After
considering all evidence presented, the court shall determine whether
the intended transfer is in the best interest of and for the proper
protection of the nonresident person and the public. The court shall
use the same procedures and standard of proof as used in conducting
probation revocation hearings pursuant to Section 1203.2 of the Penal
Code.
For the purpose of facilitating the prompt and humane return of
such persons, the State Department of Mental Health may enter into
reciprocal agreements with the proper boards, commissions, or
officers of other states or political subdivision thereof for the
mutual exchange or return of persons residing in any state hospital
for the mentally disordered in one state whose legal residence is in
the other, and it may in these reciprocal agreements vary the period
of residence as defined in this chapter to meet the requirements or
laws of the other states.
The department may give written permission for the return of any
resident of this state confined in a public institution in another
state, corresponding to any state hospital for the mentally
disordered of this state. When a resident is returned to this state
pursuant to this chapter, he or she may be admitted as a voluntary
patient to any institution of the department as designated by the
Director of Mental Health. If he or she is mentally disordered and is
a danger to himself or herself or others, or he or she is gravely
disabled, he or she may be detained and given care and services in
accordance with the provisions of Part 1 (commencing with Section
5000) of Division 5.
4120. Except as otherwise provided in this section in determining
residence for purposes of being entitled to hospitalization in this
state and for purposes of returning patients to the states of their
residence, an adult person who has lived continuously in this state
for a period of one year and who has not acquired residence in
another state by living continuously therein for at least one year
subsequent to his residence in this state shall be deemed to be a
resident of this state. Except as otherwise provided in this section
a minor is entitled to hospitalization in this state if the parent or
guardian or conservator having custody of the minor has lived
continuously in this state for a period of one year and has not
acquired residence in another state by living continuously therein
for at least one year subsequent to his residence in this state. Such
parent, guardian, or conservator shall be deemed a resident of this
state for the purposes of this section, and such minor shall be
eligible for hospitalization in this state as a mentally disordered
person. The eligibility of such minor for hospitalization in this
state ceases when such parent, guardian, or conservator ceases to be
a resident of this state and such minor shall be transferred to the
state of residence of the parent, guardian, or conservator in
accordance with the applicable provisions of this code. Time spent in
a public institution for the care of the mentally disordered or
developmentally disabled or on leave of absence therefrom shall not
be counted in determining the matter of residence in this or another
state.
Residence acquired in this or in another state shall not be lost
by reason of military service in the armed forces of the United
States.
4121. All expenses incurred in returning these persons to other
states shall be paid by this state, the person or his or her
relatives, but the expense of returning residents of this state shall
be borne by the states making the returns.
The cost and expense incurred in effecting the transportation of
these nonresident persons to the states in which they have residence
shall be advanced from the funds appropriated for that purpose, or,
if necessary, from the money appropriated for the care of delinquent
or mentally disordered persons .
4122. The State Department of Mental Health, when it deems it
necessary, may, under conditions prescribed by the director, transfer
any patients of a state institution under its jurisdiction to
another such institution. Transfers of patients of state hospitals
shall be made in accordance with the provisions of Section 7300.
Transfer of a conservatee shall only be with the consent of the
conservator.
The expense of any such transfer shall be paid from the moneys
available by law for the support of the department or for the support
of the institution from which the patient is transferred. Liability
for the care, support, and maintenance of a patient so transferred in
the institution to which he has been transferred shall be the same
as if he had originally been committed to such institution. The State
Department of Mental Health shall present to the county, not more
frequently than monthly, a claim for the amount due the state for
care, support, and maintenance of any such patients and which the
county shall process and pay pursuant to the provisions of Chapter 4
(commencing with Section 29700) of Division 3 of Title 3 of the
Government Code.
4123. The Director of Mental Health may authorize the transfer of
persons from any institution within the department to any institution
authorized by the federal government to receive such person.
4124. The State Department of Mental Health shall send to the
Department of Veterans Affairs whenever requested a list of all
persons who have been patients for six months or more in each state
institution within the jurisdiction of the State Department of Mental
Health and who are known to have served in the armed forces of the
United States.
4125. (a) The director may deposit any funds of any patient in the
possession of each hospital administrator of a state hospital in
trust with the treasurer pursuant to Section 16305.3 of the
Government Code or, subject to the approval of the Department of
Finance, may deposit these funds in an interest-bearing bank account
or invest and reinvest these funds in any security described in
Article 1 (commencing with Section 16430) of Chapter 3 of Part 2 of
Division 4 of Title 2 of the Government Code, and for the purposes of
deposit or investment only may mingle the funds of any patient with
the funds of any other patient. The hospital administrator with the
consent of the patient may deposit the interest or increment on the
funds of a patient in the state hospital in a special fund for each
state hospital, to be designated the "Benefit Fund," of which the
hospital administrator shall be the trustee. He or she may, with the
approval of the director, after taking into consideration the
recommendations of representatives of patient government and
recommendations submitted by patient groups, expend the moneys in
this fund for the education or entertainment of the patients of the
institution.
(b) On and after December 1, 1970:
(1) The funds of a patient in a state hospital or a patient on
leave of absence from a state hospital shall not be deposited in
interest-bearing bank accounts or invested and reinvested pursuant to
this section except when authorized by the patient.
(2) Any interest or increment accruing on the funds of a patient
on leave of absence from a state hospital shall be deposited in his
or her account.
(3) Any interest or increment accruing on the funds of a patient
in a state hospital shall be deposited in his or her account, unless
the patient authorizes their deposit in the state hospital's benefit
fund.
(c) Any state hospital charges for patient care against the funds
of a patient in the possession of a hospital administrator or
deposited pursuant to this section and used to pay for that care,
shall be stated in an itemized bill to the patient.
(d) No later than August 15 of each year, the director shall
provide to the Legislature a summary data sheet containing
information on how the benefit fund at each state hospital was
expended in the previous fiscal year.
4126. Whenever any patient in any state institution subject to the
jurisdiction of the State Department of Mental Health dies, and any
personal funds or property of such patient remains in the hands of
the superintendent thereof, and no demand is made upon said
superintendent by the owner of the funds or property or his legally
appointed representative all money and other personal property of
such decedent remaining in the custody or possession of the
superintendent thereof shall be held by him for a period of one year
from the date of death of the decedent, for the benefit of the heirs,
legatees, or successors in interest of such decedent.
Upon the expiration of said one-year period, any money remaining
unclaimed in the custody or possession of the superintendent shall be
delivered by him to the State Treasurer for deposit in the Unclaimed
Property Fund under the provision of Article 1 (commencing with
Section 1440) of Chapter 6 of Title 10 of Part 3 of the Code of Civil
Procedure.
Upon the expiration of said one-year period, all personal property
and documents of the decedent, other than cash, remaining unclaimed
in the custody or possession of the superintendent, shall be disposed
of as follows:
(a) All deeds, contracts or assignments shall be filed by the
superintendent with the public administrator of the county of
commitment of the decedent;
(b) All other personal property shall be sold by the
superintendent at public auction, or upon a sealed-bid basis, and the
proceeds of the sale delivered by him to the State Treasurer in the
same manner as is herein provided with respect to unclaimed money of
the decedent. If he deems it expedient to do so, the superintendent
may accumulate the property of several decedents and sell the
property in such lots as he may determine, provided that he makes a
determination as to each decedent's share of the proceeds;
(c) If any personal property of the decedent is not salable at
public auction, or upon a sealed-bid basis, or if it has no intrinsic
value, or if its value is not sufficient to justify the deposit of
such property in the State Treasury, the superintendent may order it
destroyed;
(d) All other unclaimed personal property of the decedent not
disposed of as provided in paragraph (a), (b), or (c) hereof, shall
be delivered by the superintendent to the State Controller for
deposit in the State Treasury under the provisions of Article 1
(commencing with Section 1440) of Chapter 6 of Title 10 of Part 3 of
the Code of Civil Procedure.
4127. (a) Whenever any patient in any state institution subject to
the jurisdiction of the State Department of Mental Health escapes, is
discharged, or is on leave of absence from the institution, and any
personal funds or property of the patient remains in the hands of the
superintendent, and no demand is made upon the superintendent by the
owner of the funds or property or his or her legally appointed
representative, all money and other intangible personal property of
the patient, other than deeds, contracts, or assignments, remaining
in the custody or possession of the superintendent shall be held by
him or her for a period of seven years from the date of the escape,
discharge, or leave of absence, for the benefit of the patient or his
or her successors in interest. Unclaimed personal funds or property
of minors on leave of absence may be exempted from this section
during the period of their minority and for a period of one year
thereafter, at the discretion of the Director of Mental Health.
(b) Upon the expiration of the seven-year period, any money and
other intangible property, other than deeds, contracts, or
assignments, remaining unclaimed in the custody or possession of the
superintendent shall be subject to Chapter 7 (commencing with Section
1500) of Title 10 of Part 3 of the Code of Civil Procedure.
(c) Upon the expiration of one year from the date of the escape,
discharge, or parole, the following shall apply:
(1) All deeds, contracts, or assignments shall be filed by the
superintendent with the public administrator of the county of
commitment of the patient.
(2) All tangible personal property other than money, remaining
unclaimed in the superintendent's custody or possession, shall be
sold by the superintendent at public auction, or upon a sealed-bid
basis, and the proceeds of the sale shall be held by him or her
subject to Section 4125 of this code and Chapter 7 (commencing with
Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.
If the superintendent deems it expedient to do so, the superintendent
may accumulate the property of several patients and may sell the
property in lots that the superintendent determines, provided that
the superintendent makes a determination as to each patient's share
of the proceeds.
(d) If any tangible personal property covered by this section is
not salable at public auction or upon a sealed-bid basis, or if it
has no intrinsic value or its value is not sufficient to justify its
retention by the superintendent to be offered for sale at public
auction or upon a sealed-bid basis at a later date, the
superintendent may order it destroyed.
4128. Before any money or other personal property or documents are
delivered to the State Treasurer, State Controller, or public
administrator, or sold at auction or upon a sealed-bid basis, or
destroyed, under the provisions of Section 4126, and before any
personal property or documents are delivered to the public
administrator, or sold at auction or upon a sealed-bid basis, or
destroyed, under the provisions of Section 4127, of this code, notice
of said intended disposition shall be posted at least 30 days prior
to the disposition, in a public place at the institution where the
disposition is to be made, and a copy of such notice shall be mailed
to the last known address of the owner or deceased owner, at least 30
days prior to such disposition. The notice prescribed by this
section need not specifically describe each item of property to be
disposed of.
4129. At the time of delivering any money or other personal
property to the State Treasurer or State Controller under the
provisions of Section 4126 or of Chapter 7 of Title 10 of Part 3 of
the Code of Civil Procedure, the superintendent shall deliver to the
State Controller a schedule setting forth a statement and description
of all money and other personal property delivered, and the name and
last known address of the owner or deceased owner.
4130. When any personal property has been destroyed as provided in
Sections 4126 or 4127, no suit shall thereafter be maintained by any
person against the state or any officer thereof for or on account of
such property.
4131. Notwithstanding any other provision of law, the provisions of
Sections 4126 and 4127 shall apply (1) to all money and other
personal property delivered to the State Treasurer or State
Controller prior to the effective date of said sections, which would
have been subject to the provisions thereof if they had been in
effect on the date of such delivery; and (2) to all money and other
personal property delivered to the State Treasurer or State
Controller prior to the effective date of the 1961 amendments to said
sections, as said provisions would have applied on the date of such
delivery if, on said date of delivery, the provisions of Chapter
1809, Statutes of 1959, had not been in effect.
4132. It is hereby declared that the provisions of this code
reflect the concern of the Legislature that mentally disordered
persons are to be regarded as patients to be provided care and
treatment and not as inmates of institutions for the purposes of
secluding them from the rest of the public.
Whenever any provision of this code heretofore or hereafter
enacted uses the term "inmate," it shall be construed to mean
"patient."
4133. All day hospitals and rehabilitation centers maintained by
the State Department of Mental Health shall be subject to the
provisions of this code pertaining to the admission, transfer, and
discharge of patients at the state hospitals, except that all
admissions to such facilities shall be subject to the approval of the
chief officer thereof. Charges for services rendered to patients at
such facilities shall be determined pursuant to Section 4025. The
liability for such charges shall be governed by the provisions of
Article 4 (commencing with Section 7275) of Chapter 2 of Division 7,
except at the hospitals maintained by the State Department of
Developmental Services such liability shall be governed by the
provisions of Article 4 (commencing with Section 6715) of Chapter 3
of Part 2 of Division 6 and Chapter 3 (commencing with Section 7500)
of Division 7.
4134. The state mental hospitals under the jurisdiction of the
State Department of Mental Health shall comply with the California
Food Sanitation Act, Article 1 (commencing with Section 111950) of
Chapter 4 of Part 6 of Division 104 of the Health and Safety Code.
The state mental hospitals under the jurisdiction of the State
Department of Mental Health shall also comply with the California
Uniform Retail Food Facilities Law, Chapter 4 (commencing with
Section 113700) of Part 7 of Division 104 of the Health and Safety
Code.
Sanitation, health and hygiene standards that have been adopted by
a city, county, or city and county that are more strict than those
of the California Uniform Retail Food Facilities Law or the
California Food Sanitation Act shall not be applicable to state
mental hospitals that are under the jurisdiction of the State
Department of Mental Health.
4135. Any person committed to the State Department of Mental Health
as a mentally abnormal sex offender shall remain a patient committed
to the department for the period specified in the court order of
commitment or until discharged by the medical director of the state
hospital in which the person is a patient, whichever occurs first.
The medical director may grant such patient a leave of absence upon
such terms and conditions as the medical director deems proper. The
petition for commitment of a person as a mentally abnormal sex
offender, the reports, the court orders and other court documents
filed in the court in connection therewith shall not be open to
inspection by any other than the parties to the proceeding, the
attorneys for the party or parties, and the State Department of
Mental Health, except upon the written authority of a judge of the
superior court of the county in which the proceedings were had.
Records of the supervision, care and treatment given to each
person committed to the State Department of Mental Health as a
mentally abnormal sex offender shall not be open to the inspection of
any person not in the employ of the department or of the state
hospital, except that a judge of the superior court may by order
permit examination of such records.
The charges for the care and treatment rendered to persons
committed as mentally abnormal sex offenders shall be in accordance
with the provisions of Article 4 (commencing with Section 7275) of
Chapter 3 of Division 7.
4136. (a) Each patient in a state hospital for the mentally
disordered who has resided in the state hospital for a period of at
least 30 days shall be paid an amount of aid for his or her personal
and incidental needs that, when added to his or her income, equals
twelve dollars and fifty cents ($12.50) per month. If a patient
elects to do so, a patient may save all or any portion of his or her
monthly amount of aid provided for personal and incidental needs for
expenditure in subsequent months.
(b) Each indigent patient in a state hospital for the mentally
disordered shall be allotted sufficient materials for one letter each
week, including postage in an amount not to exceed the cost of one
stamp for first-class mail for a one-ounce letter, at no cost to the
patient.
(c) Each newly admitted patient, for the first 30 days after his
or her initial admission, shall be allotted sufficient materials for
two letters each week, including postage for first-class mail for up
to two one-ounce letters per week. The hospital administrator shall
ensure that additional writing materials and postage are available
for purchase by patients at the store or canteen on hospital grounds.
(d) For purposes of this section, "indigent patient" means any
patient whose income is no more than twelve dollars and fifty cents
($12.50) per month.
4137. Whenever a patient dies in a state mental hospital and the
coroner finds that the death was by accident or at the hands of
another person other than by accident, the State Department of Mental
Health shall determine upon review of the coroner's investigation if
such death resulted from the negligence, recklessness, or
intentional act of a state employee. If it is determined that such
death directly resulted from the negligence, recklessness, or
intentional act of a state employee, the department shall immediately
notify the State Personnel Board and any appropriate licensing
agency and shall terminate the employment of such employee as
provided by law. In addition, if such state employee is a licensed
mental health professional, the appropriate licensing board shall
inquire into the circumstances of such death, examine the findings of
the coroner's investigation, and make a determination of whether
such mental health professional should have his license revoked or
suspended or be subject to other disciplinary action. "Licensed
mental health professional," as used in this section, means a person
licensed by any board, bureau, department, or agency pursuant to a
state law and employed in a state mental hospital.
4138. (a) Upon receiving a request from the director of a state
hospital listed in Section 4100, the Director of Mental Health may
prohibit the possession or use of tobacco products on the grounds of
the requesting facility. The Director of Mental Health shall provide
an implementation plan that shall include a phase-in period for any
of the state hospitals listed in Section 4100 that prohibits the
possession or use of tobacco products by patients or any other
persons on hospital grounds, except on the premises of residential
staff housing where patients are not present.
(b) This prohibition shall include an exemption for departmentally
approved religious ceremonies.
(c) As part of the implementation plan, the department shall
provide any requesting patient with a smoking cessation plan that may
include, at minimum, an individual medical treatment plan,
counseling, prescription drugs, or nicotine replacement, as
determined to be medically necessary and appropriate.
(d) Nothing in this section shall be construed to restrict the
outside activity time currently available to hospital patients.
(e) If an implementation plan is adopted pursuant to subdivision
(a), the store or canteen at any facility subject to the prohibition
shall not sell tobacco products.
