| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Assembly | |
| 1 | + | Amended IN Assembly March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1777Introduced by Assembly Member LevineFebruary 22, 2019 An act to amend Section 4098 of the Welfare and Institutions Code, relating to suicide prevention. add Article 12 (commencing with Section 65675) to Chapter 3 of Division 1 of Title 7 of the Government Code, and to add Section 1569.319 to the Health and Safety Code, relating to residential care facilities for the elderly.LEGISLATIVE COUNSEL'S DIGESTAB 1777, as amended, Levine. Suicide prevention. Residential care facilities for the elderly: land use permits.Existing law, the Planning and Zoning Law, requires the legislative body of each city and county to adopt a comprehensive, long-term general plan for the physical development of the city or county and of any land outside its boundaries that relates to its planning, and provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by cities and counties.Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure of residential care facilities for the elderly by the State Department of Social Services. Existing law requires any person seeking a license for a residential care facility for the elderly to file an application with the department, as specified. A violation of the act is a crime.If applying for a land use permit from a legislative body, as defined, this bill would require a residential care facility for the elderly to disclose any violations received from the State Department of Social Services that meet certain criteria. If a violation is disclosed, the bill would require the legislative body to take certain actions in order for the permitting process to continue for that applicant, as specified. Because the bill would impose new duties on local entities, and because a failure to disclose a violation would be a crime under the act, the bill would impose a state-mandated local program. The bill would make legislative findings and declarations with respect to its provisions.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law, the California Suicide Prevention Act of 2000, authorizes the State Department of Health Care Services to establish and implement a suicide prevention, education, and gatekeeper program to reduce the severity, duration, and incidence of suicidal behaviors. Existing law makes related findings and declarations.This bill would make technical, nonsubstantive changes to those findings and declarations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 12 (commencing with Section 65675) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read: Article 12. Land Use Permits: Residential Care Facilities for the Elderly65675. (a) (1)If applying for a land use permit from a legislative body, a residential care facility for the elderly shall disclose any violations received from the State Department of Social Services by any RCFE facilities owned, operated, or administered by the applicant relating to the abandonment of a client or facility, or that resulted in serious bodily harm to the client.(2) If any violations are disclosed that meet the criteria set forth in paragraph (1), the legislative body shall hold a public hearing to determine whether to allow the applicant to continue the permitting process, subject to criteria established by the legislative body. The legislative body may allow the applicant to continue the permitting process pursuant to a majority vote of the legislative body.(b) For purposes of this section, the following definitions shall apply:(1) Legislative body means the city council of a city or the board of supervisors of a county or city and county.(2) Residential care facility for the elderly or RCFE means a licensed facility defined pursuant to Section 1569.2 of the Health and Safety Code.SEC. 2. Section 1569.319 is added to the Health and Safety Code, to read:1569.319. (a) If applying for a land use permit from a legislative body, a residential care facility for the elderly shall comply with Article 12 (commencing with Section 65675) of Chapter 3 of Division 1 of Title 7 of the Government Code.(b) For purposes of this section, legislative body means the city council of a city or the board of supervisors of a county or city and county.SEC. 3. The Legislature finds and declares that transparency of violations with respect to residential care facilities for the elderly is a matter of statewide concern, and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, the changes made by this act apply to all cities and counties, including a charter city or charter city and county.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 4098 of the Welfare and Institutions Code is amended to read:4098.The Legislature finds and declares all of the following:(a)The Surgeon General of the United States has described suicide prevention as a serious public health priority, and has called upon each state to develop a strategy for suicide prevention using a public health approach.(b)In 1996, 3,401 Californians lost their lives to suicide, an average of nine residents per day. It is estimated that there are between 75,000 and 100,000 suicide attempts in California every year. Eleven percent of all suicides in the nation take place in California.(c)Adolescents are far more likely to attempt suicide than their older California counterparts. Data indicate that there are 100 attempts for every adolescent suicide completed. In 1996, 207 California youth died by suicide. Using this estimate, there were likely more than 20,000 suicide attempts made by California adolescents, and approximately 20 percent of all the estimated suicide attempts occurred in California.(d)Of all of the violent deaths associated with schools nationwide since 1992, 14 percent were suicides.(e)Homicide and suicide rank as the third and fifth leading causes of death for youth, respectively. Both are preventable. While the death rates for unintentional injuries decreased by more than 40 percent between 1979 and 1996, the death rates for homicide and suicide increased for youth. Evidence is growing in terms of the links between suicide and other forms of violence. This provides compelling reasons for broadening the states scope in identifying risk factors for self-harmful behavior. The number of estimated youth suicide attempts and the growing concerns of youth violence can best be addressed through the implementation of successful gatekeeper training programs to identify and refer youth at risk for self-harmful behavior.(f)The American Association of Suicidology (AAS) conservatively estimates that the lives of at least six persons related to or connected to individuals who attempt or complete suicide are impacted. Using these estimates, in 1996, more than 600,000 Californians, or 1,644 individuals per day, struggled to cope with the impact of suicide.(g)Restriction of access to lethal means significantly reduces the number of successful suicides.(h)Actual incidents of suicide attempts are expected to be higher than reported because attempts not requiring medical attention are less likely to be reported. The underreporting of suicide completion is also likely since suicide classification involves conclusions regarding the intent of the deceased. The stigma associated with suicide is also likely to contribute to underreporting.(i)Without interagency collaboration and support for proven, community-based, culturally competent suicide prevention and intervention programs, occurrences of suicide are likely to rise. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1777Introduced by Assembly Member LevineFebruary 22, 2019 An act to amend Section 4098 of the Welfare and Institutions Code, relating to suicide prevention. add Article 12 (commencing with Section 65675) to Chapter 3 of Division 1 of Title 7 of the Government Code, and to add Section 1569.319 to the Health and Safety Code, relating to residential care facilities for the elderly.LEGISLATIVE COUNSEL'S DIGESTAB 1777, as amended, Levine. Suicide prevention. Residential care facilities for the elderly: land use permits.Existing law, the Planning and Zoning Law, requires the legislative body of each city and county to adopt a comprehensive, long-term general plan for the physical development of the city or county and of any land outside its boundaries that relates to its planning, and provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by cities and counties.Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure of residential care facilities for the elderly by the State Department of Social Services. Existing law requires any person seeking a license for a residential care facility for the elderly to file an application with the department, as specified. A violation of the act is a crime.If applying for a land use permit from a legislative body, as defined, this bill would require a residential care facility for the elderly to disclose any violations received from the State Department of Social Services that meet certain criteria. If a violation is disclosed, the bill would require the legislative body to take certain actions in order for the permitting process to continue for that applicant, as specified. Because the bill would impose new duties on local entities, and because a failure to disclose a violation would be a crime under the act, the bill would impose a state-mandated local program. The bill would make legislative findings and declarations with respect to its provisions.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law, the California Suicide Prevention Act of 2000, authorizes the State Department of Health Care Services to establish and implement a suicide prevention, education, and gatekeeper program to reduce the severity, duration, and incidence of suicidal behaviors. Existing law makes related findings and declarations.This bill would make technical, nonsubstantive changes to those findings and declarations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 25, 2019 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 22, 2019 | |
| 8 | 7 | Amended IN Assembly March 25, 2019 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill No. 1777 | |
| 13 | 12 | ||
| 14 | 13 | Introduced by Assembly Member LevineFebruary 22, 2019 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member Levine | |
| 17 | 16 | February 22, 2019 | |
| 18 | 17 | ||
| 19 | - | An act to add Article 12 (commencing with Section 65675) to Chapter 3 of Division 1 of Title 7 of the Government Code, and to add Section 1569.319 to the Health and Safety Code, relating to residential care facilities for the elderly. | |
| 18 | + | An act to amend Section 4098 of the Welfare and Institutions Code, relating to suicide prevention. add Article 12 (commencing with Section 65675) to Chapter 3 of Division 1 of Title 7 of the Government Code, and to add Section 1569.319 to the Health and Safety Code, relating to residential care facilities for the elderly. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | - | AB 1777, as amended, Levine. Residential care facilities for the elderly: land use permits. | |
| 24 | + | AB 1777, as amended, Levine. Suicide prevention. Residential care facilities for the elderly: land use permits. | |
| 26 | 25 | ||
| 27 | - | Existing law, the Planning and Zoning Law, requires the legislative body of each city and county to adopt a comprehensive, long-term general plan for the physical development of the city or county and of any land outside its boundaries that relates to its planning, and provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by cities and counties.Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure of residential care facilities for the elderly by the State Department of Social Services. Existing law requires any person seeking a license for a residential care facility for the elderly to file an application with the department, as specified. A | |
| 26 | + | Existing law, the Planning and Zoning Law, requires the legislative body of each city and county to adopt a comprehensive, long-term general plan for the physical development of the city or county and of any land outside its boundaries that relates to its planning, and provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by cities and counties.Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure of residential care facilities for the elderly by the State Department of Social Services. Existing law requires any person seeking a license for a residential care facility for the elderly to file an application with the department, as specified. A violation of the act is a crime.If applying for a land use permit from a legislative body, as defined, this bill would require a residential care facility for the elderly to disclose any violations received from the State Department of Social Services that meet certain criteria. If a violation is disclosed, the bill would require the legislative body to take certain actions in order for the permitting process to continue for that applicant, as specified. Because the bill would impose new duties on local entities, and because a failure to disclose a violation would be a crime under the act, the bill would impose a state-mandated local program. The bill would make legislative findings and declarations with respect to its provisions.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law, the California Suicide Prevention Act of 2000, authorizes the State Department of Health Care Services to establish and implement a suicide prevention, education, and gatekeeper program to reduce the severity, duration, and incidence of suicidal behaviors. Existing law makes related findings and declarations.This bill would make technical, nonsubstantive changes to those findings and declarations. | |
| 28 | 27 | ||
| 29 | 28 | Existing law, the Planning and Zoning Law, requires the legislative body of each city and county to adopt a comprehensive, long-term general plan for the physical development of the city or county and of any land outside its boundaries that relates to its planning, and provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by cities and counties. | |
| 30 | 29 | ||
| 30 | + | Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure of residential care facilities for the elderly by the State Department of Social Services. Existing law requires any person seeking a license for a residential care facility for the elderly to file an application with the department, as specified. A violation of the act is a crime. | |
| 31 | 31 | ||
| 32 | + | If applying for a land use permit from a legislative body, as defined, this bill would require a residential care facility for the elderly to disclose any violations received from the State Department of Social Services that meet certain criteria. If a violation is disclosed, the bill would require the legislative body to take certain actions in order for the permitting process to continue for that applicant, as specified. Because the bill would impose new duties on local entities, and because a failure to disclose a violation would be a crime under the act, the bill would impose a state-mandated local program. The bill would make legislative findings and declarations with respect to its provisions. | |
| 32 | 33 | ||
| 33 | - | ||
| 34 | + | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 34 | 35 | ||
| 35 | - | If applying for a land use permit from a legislative body, as defined, this | |
| 36 | + | This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. | |
| 37 | + | ||
| 38 | + | With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 39 | + | ||
| 40 | + | Existing law, the California Suicide Prevention Act of 2000, authorizes the State Department of Health Care Services to establish and implement a suicide prevention, education, and gatekeeper program to reduce the severity, duration, and incidence of suicidal behaviors. Existing law makes related findings and declarations. | |
| 36 | 41 | ||
| 37 | 42 | ||
| 38 | 43 | ||
| 39 | - | This bill would require a person licensed to operate a residential care facility for the elderly to disclose to the local agency when applying for a land use permit any violations received from the State Department of Social Services found by the department that meet certain criteria. If a violation is disclosed, the bill would require the legislative body to take certain actions in order for the permitting process to continue for that applicant, as specified. Because the bill would impose new duties on local entities, and because a failure to disclose a violation would be a crime under the act, the bill would impose a state-mandated local program. The bill would make legislative findings and declarations with respect to its provisions. The bill would specify that failure to disclose those violations is not a crime. | |
| 40 | - | ||
| 41 | - | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 42 | - | ||
| 43 | - | ||
| 44 | - | ||
| 45 | - | This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. | |
| 46 | - | ||
| 47 | - | ||
| 48 | - | ||
| 49 | - | With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 44 | + | This bill would make technical, nonsubstantive changes to those findings and declarations. | |
| 50 | 45 | ||
| 51 | 46 | ||
| 52 | 47 | ||
| 53 | 48 | ## Digest Key | |
| 54 | 49 | ||
| 55 | 50 | ## Bill Text | |
| 56 | 51 | ||
| 57 | - | The people of the State of California do enact as follows:SECTION 1. Section 1569.319 is added to the Health and Safety Code, to read:1569.319. (a) | |
| 52 | + | The people of the State of California do enact as follows:SECTION 1. Article 12 (commencing with Section 65675) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read: Article 12. Land Use Permits: Residential Care Facilities for the Elderly65675. (a) (1)If applying for a land use permit from a legislative body, a residential care facility for the elderly shall disclose any violations received from the State Department of Social Services by any RCFE facilities owned, operated, or administered by the applicant relating to the abandonment of a client or facility, or that resulted in serious bodily harm to the client.(2) If any violations are disclosed that meet the criteria set forth in paragraph (1), the legislative body shall hold a public hearing to determine whether to allow the applicant to continue the permitting process, subject to criteria established by the legislative body. The legislative body may allow the applicant to continue the permitting process pursuant to a majority vote of the legislative body.(b) For purposes of this section, the following definitions shall apply:(1) Legislative body means the city council of a city or the board of supervisors of a county or city and county.(2) Residential care facility for the elderly or RCFE means a licensed facility defined pursuant to Section 1569.2 of the Health and Safety Code.SEC. 2. Section 1569.319 is added to the Health and Safety Code, to read:1569.319. (a) If applying for a land use permit from a legislative body, a residential care facility for the elderly shall comply with Article 12 (commencing with Section 65675) of Chapter 3 of Division 1 of Title 7 of the Government Code.(b) For purposes of this section, legislative body means the city council of a city or the board of supervisors of a county or city and county.SEC. 3. The Legislature finds and declares that transparency of violations with respect to residential care facilities for the elderly is a matter of statewide concern, and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, the changes made by this act apply to all cities and counties, including a charter city or charter city and county.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 4098 of the Welfare and Institutions Code is amended to read:4098.The Legislature finds and declares all of the following:(a)The Surgeon General of the United States has described suicide prevention as a serious public health priority, and has called upon each state to develop a strategy for suicide prevention using a public health approach.(b)In 1996, 3,401 Californians lost their lives to suicide, an average of nine residents per day. It is estimated that there are between 75,000 and 100,000 suicide attempts in California every year. Eleven percent of all suicides in the nation take place in California.(c)Adolescents are far more likely to attempt suicide than their older California counterparts. Data indicate that there are 100 attempts for every adolescent suicide completed. In 1996, 207 California youth died by suicide. Using this estimate, there were likely more than 20,000 suicide attempts made by California adolescents, and approximately 20 percent of all the estimated suicide attempts occurred in California.(d)Of all of the violent deaths associated with schools nationwide since 1992, 14 percent were suicides.(e)Homicide and suicide rank as the third and fifth leading causes of death for youth, respectively. Both are preventable. While the death rates for unintentional injuries decreased by more than 40 percent between 1979 and 1996, the death rates for homicide and suicide increased for youth. Evidence is growing in terms of the links between suicide and other forms of violence. This provides compelling reasons for broadening the states scope in identifying risk factors for self-harmful behavior. The number of estimated youth suicide attempts and the growing concerns of youth violence can best be addressed through the implementation of successful gatekeeper training programs to identify and refer youth at risk for self-harmful behavior.(f)The American Association of Suicidology (AAS) conservatively estimates that the lives of at least six persons related to or connected to individuals who attempt or complete suicide are impacted. Using these estimates, in 1996, more than 600,000 Californians, or 1,644 individuals per day, struggled to cope with the impact of suicide.(g)Restriction of access to lethal means significantly reduces the number of successful suicides.(h)Actual incidents of suicide attempts are expected to be higher than reported because attempts not requiring medical attention are less likely to be reported. The underreporting of suicide completion is also likely since suicide classification involves conclusions regarding the intent of the deceased. The stigma associated with suicide is also likely to contribute to underreporting.(i)Without interagency collaboration and support for proven, community-based, culturally competent suicide prevention and intervention programs, occurrences of suicide are likely to rise. | |
| 58 | 53 | ||
| 59 | 54 | The people of the State of California do enact as follows: | |
| 60 | 55 | ||
| 61 | 56 | ## The people of the State of California do enact as follows: | |
| 62 | 57 | ||
| 63 | - | SECTION 1. Section | |
| 58 | + | SECTION 1. Article 12 (commencing with Section 65675) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read: Article 12. Land Use Permits: Residential Care Facilities for the Elderly65675. (a) (1)If applying for a land use permit from a legislative body, a residential care facility for the elderly shall disclose any violations received from the State Department of Social Services by any RCFE facilities owned, operated, or administered by the applicant relating to the abandonment of a client or facility, or that resulted in serious bodily harm to the client.(2) If any violations are disclosed that meet the criteria set forth in paragraph (1), the legislative body shall hold a public hearing to determine whether to allow the applicant to continue the permitting process, subject to criteria established by the legislative body. The legislative body may allow the applicant to continue the permitting process pursuant to a majority vote of the legislative body.(b) For purposes of this section, the following definitions shall apply:(1) Legislative body means the city council of a city or the board of supervisors of a county or city and county.(2) Residential care facility for the elderly or RCFE means a licensed facility defined pursuant to Section 1569.2 of the Health and Safety Code. | |
| 64 | 59 | ||
| 65 | - | SECTION 1. Section | |
| 60 | + | SECTION 1. Article 12 (commencing with Section 65675) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read: | |
| 66 | 61 | ||
| 67 | 62 | ### SECTION 1. | |
| 68 | 63 | ||
| 69 | - | ||
| 64 | + | Article 12. Land Use Permits: Residential Care Facilities for the Elderly65675. (a) (1)If applying for a land use permit from a legislative body, a residential care facility for the elderly shall disclose any violations received from the State Department of Social Services by any RCFE facilities owned, operated, or administered by the applicant relating to the abandonment of a client or facility, or that resulted in serious bodily harm to the client.(2) If any violations are disclosed that meet the criteria set forth in paragraph (1), the legislative body shall hold a public hearing to determine whether to allow the applicant to continue the permitting process, subject to criteria established by the legislative body. The legislative body may allow the applicant to continue the permitting process pursuant to a majority vote of the legislative body.(b) For purposes of this section, the following definitions shall apply:(1) Legislative body means the city council of a city or the board of supervisors of a county or city and county.(2) Residential care facility for the elderly or RCFE means a licensed facility defined pursuant to Section 1569.2 of the Health and Safety Code. | |
| 70 | 65 | ||
| 71 | - | ||
| 66 | + | Article 12. Land Use Permits: Residential Care Facilities for the Elderly65675. (a) (1)If applying for a land use permit from a legislative body, a residential care facility for the elderly shall disclose any violations received from the State Department of Social Services by any RCFE facilities owned, operated, or administered by the applicant relating to the abandonment of a client or facility, or that resulted in serious bodily harm to the client.(2) If any violations are disclosed that meet the criteria set forth in paragraph (1), the legislative body shall hold a public hearing to determine whether to allow the applicant to continue the permitting process, subject to criteria established by the legislative body. The legislative body may allow the applicant to continue the permitting process pursuant to a majority vote of the legislative body.(b) For purposes of this section, the following definitions shall apply:(1) Legislative body means the city council of a city or the board of supervisors of a county or city and county.(2) Residential care facility for the elderly or RCFE means a licensed facility defined pursuant to Section 1569.2 of the Health and Safety Code. | |
| 72 | 67 | ||
| 73 | - | 1569.319. (a) A person licensed to operate a residential care facility for the elderly that applies for a land use permit shall disclose to the local agency any violations found by the department against any residential care facility for the elderly that is owned, operated, or administered by the applicant relating to the abandonment of a client or facility, or that resulted in serious bodily harm to the client.(b) Notwithstanding Section 1569.40, failure to disclose violations, as required by subdivision (a), is not a crime.(c) For purposes of this section, local agency means a city, including a charter city, county, or city and county. | |
| 68 | + | Article 12. Land Use Permits: Residential Care Facilities for the Elderly | |
| 69 | + | ||
| 70 | + | Article 12. Land Use Permits: Residential Care Facilities for the Elderly | |
| 71 | + | ||
| 72 | + | 65675. (a) (1)If applying for a land use permit from a legislative body, a residential care facility for the elderly shall disclose any violations received from the State Department of Social Services by any RCFE facilities owned, operated, or administered by the applicant relating to the abandonment of a client or facility, or that resulted in serious bodily harm to the client.(2) If any violations are disclosed that meet the criteria set forth in paragraph (1), the legislative body shall hold a public hearing to determine whether to allow the applicant to continue the permitting process, subject to criteria established by the legislative body. The legislative body may allow the applicant to continue the permitting process pursuant to a majority vote of the legislative body.(b) For purposes of this section, the following definitions shall apply:(1) Legislative body means the city council of a city or the board of supervisors of a county or city and county.(2) Residential care facility for the elderly or RCFE means a licensed facility defined pursuant to Section 1569.2 of the Health and Safety Code. | |
| 74 | 73 | ||
| 75 | 74 | ||
| 76 | 75 | ||
| 77 | - | ||
| 76 | + | 65675. (a) (1)If applying for a land use permit from a legislative body, a residential care facility for the elderly shall disclose any violations received from the State Department of Social Services by any RCFE facilities owned, operated, or administered by the applicant relating to the abandonment of a client or facility, or that resulted in serious bodily harm to the client. | |
| 78 | 77 | ||
| 79 | - | ( | |
| 78 | + | (2) If any violations are disclosed that meet the criteria set forth in paragraph (1), the legislative body shall hold a public hearing to determine whether to allow the applicant to continue the permitting process, subject to criteria established by the legislative body. The legislative body may allow the applicant to continue the permitting process pursuant to a majority vote of the legislative body. | |
| 80 | 79 | ||
| 81 | - | (c) For purposes of this section, local agency means a city, including a charter city, county, or city and county. | |
| 80 | + | (b) For purposes of this section, the following definitions shall apply: | |
| 81 | + | ||
| 82 | + | (1) Legislative body means the city council of a city or the board of supervisors of a county or city and county. | |
| 83 | + | ||
| 84 | + | (2) Residential care facility for the elderly or RCFE means a licensed facility defined pursuant to Section 1569.2 of the Health and Safety Code. | |
| 85 | + | ||
| 86 | + | SEC. 2. Section 1569.319 is added to the Health and Safety Code, to read:1569.319. (a) If applying for a land use permit from a legislative body, a residential care facility for the elderly shall comply with Article 12 (commencing with Section 65675) of Chapter 3 of Division 1 of Title 7 of the Government Code.(b) For purposes of this section, legislative body means the city council of a city or the board of supervisors of a county or city and county. | |
| 87 | + | ||
| 88 | + | SEC. 2. Section 1569.319 is added to the Health and Safety Code, to read: | |
| 89 | + | ||
| 90 | + | ### SEC. 2. | |
| 91 | + | ||
| 92 | + | 1569.319. (a) If applying for a land use permit from a legislative body, a residential care facility for the elderly shall comply with Article 12 (commencing with Section 65675) of Chapter 3 of Division 1 of Title 7 of the Government Code.(b) For purposes of this section, legislative body means the city council of a city or the board of supervisors of a county or city and county. | |
| 93 | + | ||
| 94 | + | 1569.319. (a) If applying for a land use permit from a legislative body, a residential care facility for the elderly shall comply with Article 12 (commencing with Section 65675) of Chapter 3 of Division 1 of Title 7 of the Government Code.(b) For purposes of this section, legislative body means the city council of a city or the board of supervisors of a county or city and county. | |
| 95 | + | ||
| 96 | + | 1569.319. (a) If applying for a land use permit from a legislative body, a residential care facility for the elderly shall comply with Article 12 (commencing with Section 65675) of Chapter 3 of Division 1 of Title 7 of the Government Code.(b) For purposes of this section, legislative body means the city council of a city or the board of supervisors of a county or city and county. | |
| 97 | + | ||
| 98 | + | ||
| 99 | + | ||
| 100 | + | 1569.319. (a) If applying for a land use permit from a legislative body, a residential care facility for the elderly shall comply with Article 12 (commencing with Section 65675) of Chapter 3 of Division 1 of Title 7 of the Government Code. | |
| 101 | + | ||
| 102 | + | (b) For purposes of this section, legislative body means the city council of a city or the board of supervisors of a county or city and county. | |
| 103 | + | ||
| 104 | + | SEC. 3. The Legislature finds and declares that transparency of violations with respect to residential care facilities for the elderly is a matter of statewide concern, and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, the changes made by this act apply to all cities and counties, including a charter city or charter city and county. | |
| 105 | + | ||
| 106 | + | SEC. 3. The Legislature finds and declares that transparency of violations with respect to residential care facilities for the elderly is a matter of statewide concern, and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, the changes made by this act apply to all cities and counties, including a charter city or charter city and county. | |
| 107 | + | ||
| 108 | + | SEC. 3. The Legislature finds and declares that transparency of violations with respect to residential care facilities for the elderly is a matter of statewide concern, and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, the changes made by this act apply to all cities and counties, including a charter city or charter city and county. | |
| 109 | + | ||
| 110 | + | ### SEC. 3. | |
| 111 | + | ||
| 112 | + | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 113 | + | ||
| 114 | + | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 115 | + | ||
| 116 | + | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 117 | + | ||
| 118 | + | ### SEC. 4. | |
| 119 | + | ||
| 120 | + | However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 82 | 121 | ||
| 83 | 122 | ||
| 84 | 123 | ||
| 85 | 124 | ||
| 86 | 125 | ||
| 87 | - | ||
| 88 | - | ||
| 89 | - | (a)(1)If applying for a land use permit from a legislative body, a residential care facility for the elderly shall disclose any violations received from the State Department of Social Services by any RCFE facilities owned, operated, or administered by the applicant relating to the abandonment of a client or facility, or that resulted in serious bodily harm to the client. | |
| 126 | + | The Legislature finds and declares all of the following: | |
| 90 | 127 | ||
| 91 | 128 | ||
| 92 | 129 | ||
| 93 | - | ( | |
| 130 | + | (a)The Surgeon General of the United States has described suicide prevention as a serious public health priority, and has called upon each state to develop a strategy for suicide prevention using a public health approach. | |
| 94 | 131 | ||
| 95 | 132 | ||
| 96 | 133 | ||
| 97 | - | (b) | |
| 134 | + | (b)In 1996, 3,401 Californians lost their lives to suicide, an average of nine residents per day. It is estimated that there are between 75,000 and 100,000 suicide attempts in California every year. Eleven percent of all suicides in the nation take place in California. | |
| 98 | 135 | ||
| 99 | 136 | ||
| 100 | 137 | ||
| 101 | - | ( | |
| 138 | + | (c)Adolescents are far more likely to attempt suicide than their older California counterparts. Data indicate that there are 100 attempts for every adolescent suicide completed. In 1996, 207 California youth died by suicide. Using this estimate, there were likely more than 20,000 suicide attempts made by California adolescents, and approximately 20 percent of all the estimated suicide attempts occurred in California. | |
| 102 | 139 | ||
| 103 | 140 | ||
| 104 | 141 | ||
| 105 | - | ( | |
| 142 | + | (d)Of all of the violent deaths associated with schools nationwide since 1992, 14 percent were suicides. | |
| 106 | 143 | ||
| 107 | 144 | ||
| 108 | 145 | ||
| 146 | + | (e)Homicide and suicide rank as the third and fifth leading causes of death for youth, respectively. Both are preventable. While the death rates for unintentional injuries decreased by more than 40 percent between 1979 and 1996, the death rates for homicide and suicide increased for youth. Evidence is growing in terms of the links between suicide and other forms of violence. This provides compelling reasons for broadening the states scope in identifying risk factors for self-harmful behavior. The number of estimated youth suicide attempts and the growing concerns of youth violence can best be addressed through the implementation of successful gatekeeper training programs to identify and refer youth at risk for self-harmful behavior. | |
| 109 | 147 | ||
| 110 | 148 | ||
| 111 | 149 | ||
| 112 | - | ||
| 113 | - | (a)If applying for a land use permit from a legislative body, a residential care facility for the elderly shall comply with Article 12 (commencing with Section 65675) of Chapter 3 of Division 1 of Title 7 of the Government Code. | |
| 150 | + | (f)The American Association of Suicidology (AAS) conservatively estimates that the lives of at least six persons related to or connected to individuals who attempt or complete suicide are impacted. Using these estimates, in 1996, more than 600,000 Californians, or 1,644 individuals per day, struggled to cope with the impact of suicide. | |
| 114 | 151 | ||
| 115 | 152 | ||
| 116 | 153 | ||
| 117 | - | ( | |
| 154 | + | (g)Restriction of access to lethal means significantly reduces the number of successful suicides. | |
| 118 | 155 | ||
| 119 | 156 | ||
| 120 | 157 | ||
| 121 | - | ||
| 122 | - | ||
| 123 | - | The Legislature finds and declares that transparency of violations with respect to residential care facilities for the elderly is a matter of statewide concern, and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, the changes made by this act apply to all cities and counties, including a charter city or charter city and county. | |
| 158 | + | (h)Actual incidents of suicide attempts are expected to be higher than reported because attempts not requiring medical attention are less likely to be reported. The underreporting of suicide completion is also likely since suicide classification involves conclusions regarding the intent of the deceased. The stigma associated with suicide is also likely to contribute to underreporting. | |
| 124 | 159 | ||
| 125 | 160 | ||
| 126 | 161 | ||
| 127 | - | ||
| 128 | - | ||
| 129 | - | No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. | |
| 130 | - | ||
| 131 | - | ||
| 132 | - | ||
| 133 | - | However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 162 | + | (i)Without interagency collaboration and support for proven, community-based, culturally competent suicide prevention and intervention programs, occurrences of suicide are likely to rise. |