California Assembly Bill AB438 Latest Draft

 BILL NUMBER: AB 438AMENDED BILL TEXT AMENDED IN SENATE MAY 5, 2010 AMENDED IN ASSEMBLY APRIL 21, 2009 INTRODUCED BY Assembly Member Beall  (   Coauthors:   Assembly Members   Chesbro     and Fuentes   )   (   Coauthor:   Senator   DeSaulnier   )  FEBRUARY 24, 2009  An act to amend Section 1001.21 of the Penal Code, and to add and repeal Section 4418.8 of the Welfare and Institutions Code, relating to developmental services.   An act relating to Medi-Cal.  LEGISLATIVE COUNSEL'S DIGEST AB 438, as amended, Beall.  Persons with developmental disabilities: criminal proceedings: diversion.   Medi-Cal: treatment authorization requests.  Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, and pursuant to which, health care services are provided to qualified low-income persons.   Under existing law, one of the utilization controls to which services are subject under the Medi-Cal program is the treatment authorization request (TAR) process, under which approval is required by a department consultant in advance of the rendering of that service, based upon a determination of medical necessity. Existing law requires the department to pursue means to improve and streamline the TAR process.   This bill would state the intent of the Legislature to enact legislation that would implement reforms to the Medi-Cal TAR process, as specified.   Existing law, the Lanterman Developmental Disabilities Services Act, grants persons with developmental disabilities the right to receive treatment and services to meet their needs, regardless of age or degree of disability, at each stage of life. Existing law requires that the state pay for these services through contracts with various private nonprofit corporations for the operation of regional centers for the developmentally disabled, and requires regional centers to develop an individual program plan for each consumer that sets forth the treatment and services to be provided for the consumer.   Existing law establishes a process for diversion of defendants with cognitive developmental disabilities in criminal proceedings for an offense which is charged as, or reduced to, a misdemeanor, but excludes persons who have been previously diverted.   This bill would make these procedures also applicable for an offense that is charged or reduced to a nonviolent felony, as defined, or a serious felony, as defined, and would delete the exclusion for those previously diverted.   This bill would also require the department, by July 1, 2010, to convene a task force to identify strategies and best practices for local interagency coordination and cooperation in addressing the needs of adults and juveniles with developmental disabilities in the criminal and juvenile justice systems. The bill would require the task force to issue its interim reports to the Legislature on the progress of its work by July 1, 2011, and July 1, 2012, and to issue its final report to the Legislature by July 1, 2013.  Vote: majority. Appropriation: no. Fiscal committee:  yes   no  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   It is the intent of the Legislature to enact legislation that would implement reforms to the Medi-Cal treatment authorization request process administered by the State Department of Health Care Services in the manner suggested in report number 2009-112 by the Bureau of State Audits, that is due to be released in May 2010.   SECTION 1.   Section 1001.21 of the Penal Code is amended to read: 1001.21. (a) This chapter shall apply whenever a case is before a court upon an accusatory pleading at any stage of the criminal proceedings, for any person who has been evaluated by a regional center for the developmentally disabled and who is determined to be a person with a cognitive developmental disability by the regional center, and who therefore is eligible for its services. (b) This chapter applies to any offense that is charged as or reduced to a misdemeanor or nonviolent felony. For the purposes of this section, "nonviolent felony" is any felony that is not a "violent felony" as that term is defined in subdivision (c) of Section 667.5 or a "serious felony," as that term is defined in subdivision (c) of Section 1192.7 or Section 1192.8.   SEC. 2.   Section 4418.8 is added to the Welfare and Institutions Code, to read: 4418.8. (a) By July 1, 2010, the department shall convene a task force to identify strategies and best practices for local interagency coordination and cooperation in addressing the needs of adults and juveniles with developmental disabilities in the criminal and juvenile justice systems. The task force shall include representation from regional centers, the Judicial Council, probation offices, public defenders, district attorneys, school districts, local law enforcement, county mental health, community service providers, regional center clients and their families, and disability and juvenile justice advocacy organizations. The task force, overall, shall include geographically diverse participation from both large and small counties. The task force may form separate subcommittees, focusing on adults and juveniles. The task force shall meet in a manner and as often as the department determines to be appropriate, consistent with the goals of the task force and the availability of funds. (b) The task force shall address issues including, but not limited to, strategies and best practices related to the accomplishment of all of the following: (1) Early identification and assessment of people with developmental disabilities in the criminal and juvenile justice process. (2) Development of protocols and procedures for ongoing communication and cooperation between regional centers and other local agencies, including law enforcement and the courts. (3) Training of jail and court personnel, including judges, public defenders, district attorneys, and probation officers, on issues related to people with developmental disabilities and available community resources. (c) The task force shall also identify systemic barriers to serving people with developmental disabilities in community-based settings instead of jails and prisons, including licensing barriers and community resource and service needs, and recommendations for addressing identified systemic barriers. (d) The task force shall identify barriers to, and needed services for, serving, in community settings, individuals who have been determined to be incompetent to stand trial. This shall include exploring approaches used in other states, assessing the need for new licensing categories, and recommending, as appropriate, alternative and innovative service delivery models, including, but not limited to, secure community treatment options, for individuals arrested for serious or violent felonies. (e) As appropriate, the task force shall develop model training curricula and model memoranda of understanding between regional centers and the courts and other local agencies. (f) The task force shall issue interim reports to the Legislature on the progress of its work by July 1, 2011, and July 1, 2012. The task force shall complete its work and issue a final report to the Legislature by June 30, 2013. The final report shall include a description of best practices and strategies identified by the task force, any sample training curricula, materials, and memoranda of understanding developed by the task force, and recommendations for future action, including legislative recommendations related to adults and youth in the criminal and juvenile justice systems. (g) This section shall become inoperative on July 1, 2013, and, as of January 1, 2014, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.