BlackletterCalifornia law

PART 2. ADMINISTRATION OF STATE INSTITUTIONS FOR THE MENTALLY DISORDERED

Heading of Part 2 renamed from Chapter 2 (of Part 1) by Stats. 1977, Ch. 1252.

§§ 4100–4336 · 94 sections

  1. CHAPTER 1. Jurisdiction and General Government §§ 4100–4148 · 52 sections
    • § 4100 The department has jurisdiction over the following facilities: (a) Atascadero State Hospital. (b) Coalinga State Hospital. (c) Metropolitan State Hospital. (d)…
    • § 4100.2 (a) Commencing January 10, 2009, and each year thereafter, the State Department of Mental Health, or its successor, the State Department of State Hospitals,…
    • § 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…
    • § 4101 Except as otherwise specifically provided elsewhere in this code, all of the institutions under the jurisdiction of the State Department of State Hospitals…
    • § 4101.5 (a) Notwithstanding any other law, the State Department of State Hospitals may contract with providers of health care services and health care network…
    • § 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…
    • § 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…
    • § 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…
    • § 4106 Notwithstanding the provisions of Section 4104, the Director of General Services, with the consent of the State Department of State Hospitals, may grant to the…
    • § 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…
    • § 4107.1 Consistent with the authority of the State Department of State Hospitals to maintain and operate state hospitals under its jurisdiction, the State Department…
    • § 4109 The State Department of State Hospitals has general control and direction of the property and concerns of each state hospital specified in Section 4100. The…
    • § 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…
    • § 4110 The executive director shall provide detailed expenditure estimates of all anticipated hospital expenditures, all supplies, expenses, buildings, and…
    • § 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…
    • § 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…
    • § 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 executive director or other person in charge of a hospital shall, within 10 days after the admission of any person to the hospital, cause an abstract of…
    • § 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…
    • § 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…
    • § 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…
    • § 4119 (a) The State Department of State Hospitals shall investigate and examine all nonresident persons residing in a state hospital and shall cause these persons,…
    • § 4120 (a) Except as otherwise provided in this section, in determining residence for purposes of being entitled to hospitalization in this state and for purposes of…
    • § 4121 (a) 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…
    • § 4122 The State Department of State Hospitals, when it deems it necessary, may, under conditions prescribed by the director, transfer any patients of a state…
    • § 4123 The Director of State Hospitals may authorize the transfer of persons from any institution within the department to any institution authorized by the federal…
    • § 4124 The State Department of State Hospitals shall send to the Department of Veterans Affairs whenever requested a list of all persons who have been patients for…
    • § 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…
    • § 4126 Whenever any patient in any state institution subject to the jurisdiction of the State Department of State Hospitals dies, and any personal funds or property…
    • § 4127 (a) Whenever any patient in any state institution subject to the jurisdiction of the State Department of State Hospitals escapes, is discharged, or is on leave…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 4132 (a) It is hereby declared that the provisions of this code reflect the concern of the Legislature that persons with mental health disorders are to be regarded…
    • § 4133 All day hospitals and rehabilitation centers maintained by the State Department of State Hospitals shall be subject to the provisions of this code pertaining…
    • § 4134 The state mental hospitals under the jurisdiction of the State Department of State Hospitals shall comply with the California Food Sanitation Act, Article 1…
    • § 4135 Any person committed to the State Department of State Hospitals as a mentally abnormal sex offender shall remain a patient committed to the department for the…
    • § 4136 (a) Each patient in a state hospital 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…
    • § 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…
    • § 4138 (a) Upon receiving a request from the director of a state hospital listed in Section 4100, the Director of State Hospitals may prohibit the possession or use…
    • § 4139 (a) Except as otherwise authorized by law, or when authorized by the director of the state hospital, and except as provided in subdivision (b), a person who…
    • § 4141 (a) (1) Each state hospital shall update its injury and illness prevention plan at least once a year to include necessary safeguards to prevent workplace…
    • § 4142 (a) Notwithstanding any other law, whenever a patient is committed to the State Department of State Hospitals, a director of a state hospital or a clinician,…
    • § 4143 (a) Commencing July 1, 2015, and subject to available funding, the State Department of State Hospitals may establish and maintain pilot enhanced treatment…
    • § 4144 (a) A state hospital psychiatrist or psychologist may refer a patient to a pilot enhanced treatment program (ETP), as defined in Section 1265.9 of the Health…
    • § 4145 (a) The State Department of State Hospitals shall monitor the pilot enhanced treatment programs (ETP), evaluate outcomes, and report on its findings and…
    • § 4146 (a) This section applies in cases in which a patient has been committed to the department as a mentally disordered offender, including a person found not…
    • § 4147 (a) To confront the crisis of individuals found incompetent to stand trial (IST) and in recognition of the importance of these defendants who are committed to…
    • § 4148 (a) On or before January 31, 2026, the State Department of State Hospitals shall submit a report to the Senate Committee on Budget and Fiscal Review and the… see note
  2. CHAPTER 2. Boards of Trustees and Other Advisory Boards §§ 4200–4203 · 5 sections
    • § 4200 (a) Each state hospital under the jurisdiction of the State Department of State Hospitals shall have a hospital advisory board of eight members appointed by…
    • § 4201 No person shall be eligible for appointment to a hospital advisory board if he is a Member of the Legislature or an elective state officer, and if he becomes…
    • § 4202 The advisory boards of the several state hospitals are advisory to the State Department of State Hospitals and the Legislature with power of visitation and…
    • § 4202.5 (a) The chairman of a hospital advisory board advising a hospital for persons with mental health disorders shall meet annually with the hospital director, the…
    • § 4203 The Atascadero State Hospital shall have an advisory board of seven persons appointed by the Governor, each of whom holds office for the term of three years.…
  3. CHAPTER 2.5. Families of Persons With a Serious Mental Health Disorder §§ 4240–4245 · 6 sections
    • § 4240 The Legislature finds and declares all of the following: (a) The symptoms and behaviors of persons with a serious mental health disorder may cause severe…
    • § 4241 (a) It is the intent of the Legislature, by this chapter, to support an organized program of self-help in which families exchange information, advice, and…
    • § 4242 As used in this chapter, the following definitions apply: (a) “Family” means persons whose children, spouses, siblings, parents, grandparents, or grandchildren…
    • § 4243 (a) All funds appropriated for the purposes of this chapter shall be used to contract with an organization to establish a statewide network of families who…
    • § 4244 The Director of State Hospitals shall enter into a contract with the successful bidder to provide services that shall include, but not be necessarily limited…
    • § 4245 Contracts entered in pursuant to this chapter shall: (a) Have an annual contract period from July 1 through June 30 of each fiscal year unless the Director of…
  4. CHAPTER 3. Officers and Employees §§ 4300–4321 · 22 sections
    • § 4300 As used in this chapter, “officers” of a state hospital means: (a) Medical director. (b) Hospital administrator. (c) Hospital director. (d) Chief of police…
    • § 4301 (a) The Director of State Hospitals shall appoint and define the duties, subject to the laws governing civil service, of all of the following officers: (1) A…
    • § 4302 The Director of State Hospitals shall have the final authority for determining all other employee needs after consideration of program requests from the…
    • § 4303 Salaries of resident and other officers and wages of employees shall be included in the budget estimates of, and paid in the same manner as other expenses of,…
    • § 4304 The primary purpose of a state hospital is the medical and nursing care of patients with mental health disorders. The efforts and direction of the officers and…
    • § 4305 (a) Subject to the rules and regulations established by the department, and under the supervision of the hospital director, the medical director of a state…
    • § 4306 (a) Subject to the rules and regulations established by the department, under the supervision of the hospital director, the hospital administrator shall be…
    • § 4307 The hospital director is the chief executive officer of the hospital and is responsible for all hospital operations.
    • § 4308 (a) If a vacancy occurs in a hospital under the jurisdiction of the Director of State Hospitals, the Director of State Hospitals shall appoint, as provided in…
    • § 4309 The hospital director is responsible for the overall management of the hospital. In the hospital director’s absence, one of the other hospital officers, or in…
    • § 4311 (a) The chief of police services at the hospital shall be responsible for preserving the peace in the hospital buildings and grounds and may arrest or cause…
    • § 4312 The hospital director may establish rules and regulations not inconsistent with law or departmental regulations, concerning the care and treatment of patients,…
    • § 4313 The chief of police services, supervising investigators, investigators, and each hospital police officer have the powers and authority conferred by law upon…
    • § 4313.5 (a) Designated investigators of state hospitals shall request a sexual assault forensic medical examination for any resident of a state hospital who is a…
    • § 4314 (a) The Director of State Hospitals may set aside and designate any space on the grounds of any of the institutions under the jurisdiction of the department…
    • § 4316 (a) Subject to rules and regulations adopted by the department, the hospital director may establish a sheltered workshop at a state hospital to provide…
    • § 4317 At each state hospital at which there is established a sheltered workshop, there shall be a sheltered workshop fund administered by the clinical director. The…
    • § 4317.5 The hospital director, subject to rules and regulations adopted by the department, may in addition to establishing a sheltered workshop, provide other…
    • § 4318 Each state hospital shall, prior to the discharge of any patient who was placed in the facility under a county Short-Doyle plan, prepare a written recommended…
    • § 4319 To ensure a continuous level of competency for all state hospital treatment personnel under the jurisdiction of the State Department of State Hospitals, the…
    • § 4320 To ensure an adequate supply of licensed psychiatric technicians for state hospitals, the State Department of State Hospitals, to the extent necessary, shall…
    • § 4321 (a) (1) The criminal history check authorized by this section is limited to an employee, prospective employee, contractor, subcontractor, and volunteer whose…
  5. CHAPTER 4. County Use of State Hospitals §§ 4330–4336 · 9 sections
    • § 4330 The State Department of Mental Health, or its successor, the State Department of State Hospitals, shall be reimbursed for use of state hospital beds by…
    • § 4331 (a) No later than July 1, 1992, and in each subsequent year, each county acting singly or in combination with other counties shall contract with the State…
    • § 4332 (a) Contracts entered into pursuant to Section 4331 shall do all of the following: (1) Specify the number of beds to be provided. (2) Specify the rate or rates…
    • § 4333 (a) In the event a county or counties elect to reduce their state hospital resources, beginning July 1, 1992, systemwide state hospital net bed reduction in…
    • § 4333.5 (a) The State Department of State Hospitals shall encourage the counties to use state hospital facilities, in addition to utilizing state hospital beds…
    • § 4334 The State Department of State Hospitals, in collaboration with counties, shall do all of the following: (a) Prepare and publish a catalogue of available state…
    • § 4335 Nothing in this chapter is intended to prevent the department from entering into innovative arrangements with counties for delivery of state hospital services.…
    • § 4335.2 (a) As used in this section, “department” means the State Department of State Hospitals. (b) The Legislature finds and declares that the purpose of this…
    • § 4336 (a) As used in this section, “department” means the State Department of State Hospitals. (b) (1) The department shall implement a growth cap program for all…