reglab/statecodes huggingface dataset:
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 4 - Property and Support of Patients › Section 7281.

7281. There is at each institution under the jurisdiction of the State Department of State Hospitals and at each institution under the jurisdiction of the State Department of Developmental Services, a fund known as the patients’ personal deposit fund. Any funds coming into the possession of the superintendent, belonging to any patient in that institution, shall be deposited in the name of that patient in the patients’ personal deposit fund, except that if a guardian or conservator of the estate is appointed for the patient then the guardian or conservator shall have the right to demand and receive the funds. Only for patients at an institution under the jurisdiction of the State Department of Developmental Services, whenever the sum belonging to any one patient, deposited in the patients’ personal deposit fund, exceeds the sum of five hundred dollars ($500), the excess may be applied to the payment of the care, support, maintenance, and medical attention of the patient. After the death of the patient, any sum remaining in the patient’s personal deposit account in excess of burial costs may be applied for payment of care, support, maintenance, and medical attention. Any of the funds belonging to a patient deposited in the patients’ personal deposit fund may be used for the purchase of personal incidentals for the patient or may be applied in an amount not exceeding five hundred dollars ($500) to the payment of the patient’s burial expenses.
(Amended by Stats. 2022, Ch. 47, Sec. 64. (SB 184) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 4 - Property and Support of Patients › Section 7281.1.

7281.1. A patient of an institution under the jurisdiction of the State Department of State Hospitals who participates in a sheltered workshop or vocational rehabilitation program shall not be required to return or remit any earnings received during the patient’s participation to the institution for the cost of care, support, maintenance, and medical attention pursuant to Section 7281.
(Added by Stats. 2019, Ch. 38, Sec. 45. (SB 78) Effective June 27, 2019.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 4 - Property and Support of Patients › Section 7282.

7282. The State Department of State Hospitals with respect to a state hospital under its jurisdiction, or the State Department of Developmental Services with respect to a state hospital under its jurisdiction, may, in its own name, bring an action to enforce payment for the cost and charges of transportation of a person to a state hospital against any person, guardian, or conservator liable for transportation. The department also may, in its own name, bring an action to recover for the use and benefit of any state hospital or for the state the amount due for the care, support, maintenance, and expenses of any patient therein, against any county, or officer thereof, or against any person, guardian, or conservator liable for the care, support, maintenance, or expenses.
(Amended by Stats. 2021, Ch. 143, Sec. 360. (AB 133) Effective July 27, 2021.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 4 - Property and Support of Patients › Section 7282.1.

7282.1. If a person who is or has been a recipient of services provided by the State Department of Developmental Services or the State Department of State Hospitals in a state hospital, or the guardian, conservator, or personal representative of the person, brings an action or claim against a third party for an injury, disorder, or disability, which resulted in the need for care, maintenance, or treatment in a state hospital, the person or the guardian, conservator, or personal representative shall within 30 days of filing the action or claim give to the Director of Developmental Services, for hospitals under the jurisdiction of the State Department of Developmental Services, or the Director of State Hospitals, for hospitals under the jurisdiction of the State Department of State Hospitals, written notice of the action or claim and of the name of the court or agency in which the action or claim is to be brought. Proof of the notice shall be filed in the action or claim. For pending actions or claims filed prior to January 1, 1986, proof of the notice shall be filed by February 1, 1986.
Any judgment, award, or settlement arising out of the action or claim shall be subject to a lien in favor of the Director of Developmental Services or the Director of State Hospitals, for hospitals under the jurisdiction of that department, for the cost of state hospital care and treatment furnished with respect to the subject of the action or claim, however:
(a) A lien shall not attach to that portion of a money judgment awarded for pain and suffering.
(b) A lien shall not attach if over 180 days has elapsed between the time when notice was given to the department and the time when the department has filed its lien with the court or agency in which the action or claim has been brought.
(c) A lien authorized by this section shall not be placed for services which have been paid through the state Medi-Cal program.
(d) This section shall not apply to actions or claims in which a final judgment, award, or settlement has been entered into prior to January 1, 1986.
(Amended by Stats. 2012, Ch. 24, Sec. 172. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 4 - Property and Support of Patients › Section 7283.

7283. All moneys collected by the State Department of State Hospitals and the State Department of Developmental Services for the cost and charges of transportation of persons to state hospitals shall be remitted by the department to the State Treasury for credit to, and shall become a part of, the current appropriation from the General Fund of the state for the transportation of persons with mental health disorders, correctional school, or other state hospital patients and shall be available for expenditure for those purposes. In lieu of exact calculations of moneys collected for transportation charges the department may determine the amount of collections by the use of those estimates or formula as approved by the Department of Finance.
(Amended by Stats. 2014, Ch. 144, Sec. 123. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 4 - Property and Support of Patients › Section 7288.

7288. Whenever it appears that a person who has been admitted to a state institution and remains under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services does not have a guardian or conservator of the estate and owns personal property which requires safekeeping for the benefit of the patient, the State Department of State Hospitals or the State Department of Developmental Services may remove or cause to be removed the personal property from wherever located to a place of safekeeping.
Whenever it appears that the patient does not own property of a value which would warrant guardianship or conservatorship proceedings, the expenses of removal and safekeeping shall be paid from funds appropriated for the support of the institution in which the patient is receiving care and treatment; provided, however, that if the sum on deposit to the credit of the patient in the patients’ personal deposit fund exceeds the sum of three hundred dollars ($300), the excess may be applied to the payment of the expenses of removal and safekeeping.
When it is determined by the superintendent, at any time after the removal for safekeeping of the personal property, that the patient is incurable or is likely to remain in a state institution indefinitely, then any of those articles of personal property which cannot be used by the patient at the institution may be sold at public auction and the proceeds therefrom shall first be applied in reimbursement of the expenses so incurred, and the balance shall be deposited to the patient’s credit in the patients’ personal deposit fund. All moneys so received as reimbursement shall be deposited in the State Treasury in augmentation of the appropriation from which the expenses were paid.
(Amended by Stats. 2012, Ch. 24, Sec. 178. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 4 - Property and Support of Patients › Section 7289.

7289. When a person who is a client of a state hospital or developmental center in the State Department of State Hospitals or the State Department of Developmental Services has no guardian or conservator of the estate and has money due or owing to him or her, the executive director of the institution of which the person is a client may, during the client’s residence at the institution, collect an amount not to exceed three thousand dollars ($3,000) of any money so due or owing upon furnishing to the person, representative, officer, body or corporation in possession of or owing any sums, an affidavit executed by the executive director or acting executive director. The affidavit shall contain the name of the institution of which the person is a client, and the statement that the total amount requested pursuant to the affidavit does not exceed the sum of three thousand dollars ($3,000). Payments from retirement systems and annuity plans which are due or owing to the clients may also be collected by the executive director of the institution of which the person is a client, upon the furnishing of an affidavit executed by the executive director or acting executive director, containing the name of the institution of which the person is a client and the statement that the person is entitled to receive the payments. These sums shall be delivered to the executive director and shall be deposited by him or her in the clients’ personal deposit fund as provided in Section 7281.
The receipt of the executive director shall constitute sufficient acquittance for any payment of money made pursuant to this section and shall fully discharge the person, representative, officer, body or corporation from any further liability with reference to the amount of money so paid.
The executive director of each institution shall render reports and accounts annually or more often as may be required by the department having jurisdiction over the hospital or the Department of Finance of all moneys of clients deposited in the clients’ personal deposit accounts of the institution.
(Amended by Stats. 2012, Ch. 24, Sec. 179. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 4 - Property and Support of Patients › Section 7289.1.

7289.1. (a) The amount of three thousand dollars ($3,000) as set forth in Section 7289, shall be adjusted annually, on January 1 by the State Department of Developmental Services as it applies to state hospitals or developmental centers under its jurisdiction, and by the State Department of State Hospitals as it applies to state hospitals under its jurisdiction, to reflect any increases or decreases in the cost of living occurring after December 31, 1967, so that the first adjustment becomes effective January 1, 1990. The indices of the California Consumer Price Index—All Urban as prepared by the Department of Industrial Relations, shall be used as the basis for determining the changes in the cost of living.
(b) In implementing the cost-of-living provisions of this section, the State Department of Developmental Services and the State Department of State Hospitals shall use the most recent December for computation of the percentage change in the cost of living after December 31, 1967. The amount of this adjustment shall be made by comparing the average index for the most recent December with the average index for December 1967. The product of any percentage increase or decrease in the average index and the amount set forth in Section 7289 shall be the adjusted amount subject to affidavit pursuant to the provisions of Section 7289.
(Amended by Stats. 2012, Ch. 24, Sec. 180. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 4 - Property and Support of Patients › Section 7290.

7290. The State Department of Developmental Services may enter into a special agreement, secured by a properly executed bond, with the relatives, guardian, conservator, or friend of any patient for the patient’s care, support, maintenance, or other expenses at the institution. The agreement and bond shall be to the people of the State of California and action to enforce the same may be brought by the department. All charges due under this section, including the monthly rate for the patient’s care and treatment, as established by or pursuant to law, shall be collected monthly. No patient, however, shall be permitted to occupy more than one room in any state institution.
(Amended by Stats. 2022, Ch. 47, Sec. 69. (SB 184) Effective June 30, 2022.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 4 - Property and Support of Patients › Section 7293.

7293. The State Department of State Hospitals shall present to the county, not more frequently than monthly, a claim for the amount due the state under Section 7291 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.
(Amended by Stats. 2012, Ch. 24, Sec. 183. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 4 - Property and Support of Patients › Section 7294.

7294. (a) A person who has been committed as a delinquent with a mental health disorder may be paroled or granted a leave of absence by the medical superintendent of the institution wherein the person is confined whenever the medical superintendent is of the opinion that the person has improved to such an extent that he or she is no longer a menace to the health and safety of others or that the person will receive benefit from the parole or leave of absence, and after the medical superintendent and the Director of State Hospitals have certified the opinion to the committing court.
(b) If, within 30 days after the receipt of the certification, the committing court orders the return of the person, the person shall be returned forthwith to await further action of the court. If, within 30 days after the receipt of the certification, the committing court does not order the return of the person to await the further action of the court, the medical superintendent may thereafter parole the person under the terms and conditions specified by the superintendent. A paroled inmate may, at any time during the parole period, be recalled to the institution. The period of parole shall in no case be less than five years, and shall be on the same general rules and conditions as parole of persons with mental health disorders.
(c) When a person has been paroled for five consecutive years, if in the opinion of the medical superintendent and the Director of State Hospitals the person is no longer a menace to the health, person, or property of himself or herself or of any other person, the medical superintendent, subject to the approval of the Director of State Hospitals, may discharge the person. The committing court shall be furnished with a certified copy of the discharge and shall thereupon dispose of the court case as it deems necessary and proper.
(d) When, in the opinion of the medical superintendent, a person previously committed as a delinquent with a mental health disorder will not benefit by further care and treatment under any facilities of the department and should be returned to the jurisdiction of the court, the superintendent of the institution and the Director of State Hospitals shall certify the opinion to the committing court, including therein a report, diagnosis, and recommendation concerning the person’s future care, supervision, or treatment. Upon receipt of the certification, the committing court shall forthwith order the return of the person to the court. The person shall be entitled to a court hearing and to present witnesses in his or her own behalf, to be represented by counsel and to cross-examine any witness who testifies against him or her. After considering all the evidence before it, the court may make a further order or commitment with reference to the person as may be authorized by law.
(Amended by Stats. 2014, Ch. 144, Sec. 125. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 4 - Property and Support of Patients › Section 7295.

7295. (a) To ensure its safety and security, a state hospital that is under the jurisdiction of the State Department of State Hospitals, as listed in Section 4100, may develop a list of items that are deemed contraband and prohibited on hospital grounds and control and eliminate contraband on hospital grounds.
(b) The State Department of State Hospitals shall develop a list of items that shall be deemed contraband at every state hospital.
(c) A state hospital shall form a contraband committee, comprised of hospital management and employees designated by the hospital’s director, to develop the list of contraband items. The committee shall develop the list with the participation of patient representatives, or the patient government of the hospital, if one is available, and the Office of Patients’ Rights.
(d) Each hospital’s list of contraband items developed pursuant to subdivision (a), and the statewide list of contraband items developed pursuant to subdivision (b), are subject to review and approval by the Director of State Hospitals or his or her designee.
(e) A list of contraband items developed pursuant to subdivision (a) shall be updated and subject to review and approval by the director of the department, or his or her designee, no less often than every six months.
(f) If an item presents an emergent danger to the safety and security of a facility, the item may be placed immediately on a contraband list by the Director of State Hospitals or the executive director of the state hospital, but this placement shall be reviewed by the contraband committee, if applicable, and approved by the Director of State Hospitals or his or her designee within six weeks.
(g) The lists of contraband items developed pursuant to this section shall be posted prominently in every unit of the hospital and throughout the hospital, and provided to a patient upon request.
(h) The lists of contraband items developed pursuant to this section shall be posted on the hospital’s Internet Web site.
(i) For the purposes of this section, “contraband” means materials, articles, or goods that a patient is prohibited from having in his or her possession because the materials, articles, or goods present a risk to the safety and security of the facility.
(j) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the hospital and the department may implement, interpret, or make specific this section without taking regulatory action.
(Amended by Stats. 2013, Ch. 76, Sec. 211. (AB 383) Effective January 1, 2014.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 5 - Transfer of Patients › Section 7300.

7300. (a) It shall be the policy of the department to make available to all persons admitted to a state hospital prior to July 1, 1969, and to all persons judicially committed or remanded to its jurisdiction all of the facilities under the control of the department. Whenever, in the opinion of the Director of State Hospitals, it appears that a person admitted prior to July 1, 1969, or that a person judicially committed or remanded to the State Department of State Hospitals for placement in an institution would be benefited by a transfer from that institution to another institution under the department’s jurisdiction, the director may cause the transfer of the patient. Preference shall be given in any such transfer to an institution in an adjoining rather than a remote district.
(b) However, before an inmate of a correctional school may be transferred to a state hospital, he or she shall first be returned to a court of competent jurisdiction, and, if subject to commitment, after hearing, may be committed to a state hospital in accordance with law.
(c) The expense of the transfers is chargeable to the state, and the bills for the same, when approved by the Director of State Hospitals, shall be paid by the Treasurer on the warrant of the Controller, out of moneys provided for the care or support of the patients or out of the moneys provided for the support of the department, in the discretion of the department.
(Amended by Stats. 2014, Ch. 144, Sec. 126. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 5 - Transfer of Patients › Section 7301.

7301. Whenever, in the opinion of the Director of State Hospitals and with the approval of the Secretary of the Department of Corrections and Rehabilitation, any person who has been committed to a state hospital pursuant to provisions of the Penal Code or who has been placed in a state hospital temporarily for observation pursuant to, or who has been committed to a state hospital pursuant to Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of this code needs care and treatment under conditions of custodial security which can be better provided within the Department of Corrections and Rehabilitation, the person may be transferred for those purposes from an institution under the jurisdiction of the State Department of State Hospitals to an institution under the jurisdiction of the Department of Corrections and Rehabilitation.
Persons so transferred shall not be subject to the provisions of Section 4500, 4501, 4501.5, 4502, 4530, or 4531 of the Penal Code. However, they shall be subject to the general rules of the Secretary of the Department of Corrections and Rehabilitation and of the facility where they are confined and any correctional employee dealing with those persons during the course of an escape or attempted escape, a fight or a riot, shall have the same rights, privileges and immunities as if the person transferred had been committed to the Secretary of the Department of Corrections and Rehabilitation.
Whenever a person is transferred to an institution under the jurisdiction of the Department of Corrections and Rehabilitation pursuant to this section, any report, opinion, or certificate required or authorized to be filed with the court which committed the person to a state hospital, or ordered the person placed therein, shall be prepared and filed with the court by the head of the institution in which the person is actually confined or by the designee of the head of the institution.
(Amended by Stats. 2012, Ch. 24, Sec. 186. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 5 - Transfer of Patients › Section 7302.

7302. Patients admitted to a state hospital prior to July 1, 1969, and all patients judicially committed or remanded, may be transferred to a like institution at the request of relatives or friends, if there is room in the like institution to which transfer is sought and if the department or departments having jurisdiction over such institutions and the medical directors of the institutions from which and to which the transfer is to be made consent thereto. The expense of such transfer shall be paid by such relatives or friends.
(Amended by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 5 - Transfer of Patients › Section 7303.

7303. Whenever a person, committed to the care of the State Department of State Hospitals or the State Department of Developmental Services under one of the commitment laws which provides for reimbursement for care and treatment to the state by the county of commitment of the person, is transferred under Section 7300 to an institution under the jurisdiction of the department where the state rather than the county is liable for the support and care of patients, the county of commitment may have the original commitment vacated and a new commitment issued, designating the institution to which the person has been transferred, in order to absolve the county from liability under the original commitment.
(Amended by Stats. 2012, Ch. 24, Sec. 187. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 5 - Transfer of Patients › Section 7304.

7304. Whenever a person, committed to the State Department of State Hospitals or the State Department of Developmental Services under one of the commitment laws providing for no reimbursement for care and treatment to the state by the county of commitment, is transferred under Section 6700 to an institution under the jurisdiction of the department where the county is required to reimburse the state for such care and treatment, the State Department of State Hospitals or the State Department of Developmental Services may have the original commitment vacated and a new commitment issued, designating the institution to which the person has been transferred, in order to make the county liable for the care and treatment of the committed person to the extent provided by Sections 7511 and 7512.
(Amended by Stats. 2012, Ch. 24, Sec. 188. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 5 - Transfer of Patients › Section 7325.5.

7325.5. Notwithstanding Section 5328, information regarding a person’s name, reason for commitment, age, physical description, and any other information which the medical director of the treatment facility considers essential in aiding apprehension of the escapee shall be released if the person has escaped from a state mental health facility, and the person was committed to the state mental health facility by a court after being found not guilty by reason of insanity pursuant to Section 1026 of the Penal Code, unable to stand trial due to mental condition pursuant to Section 1370 of the Penal Code, or a mentally disordered sex offender pursuant to Division 6 (commencing with Section 6000).
(Added by Stats. 1982, Ch. 1415, Sec. 2. Effective September 27, 1982.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 5 - Transfer of Patients › Section 7326.

7326. Any person who willfully assists any judicially committed or remanded patient of a state hospital or other public or private mental health facility to escape, to attempt to escape therefrom, or to resist being returned from a leave of absence shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, a fine of not more than ten thousand dollars ($10,000), or both such imprisonment and fine; or by imprisonment in a county jail for a period of not more than one year, a fine of not more than two thousand dollars ($2,000), or both such imprisonment and fine.
(Amended by Stats. 2011, Ch. 15, Sec. 624. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 5 - Transfer of Patients › Section 7327.

7327. Every peace officer who is designated in and pursuant to Section 7325 delivers or assists in the delivery of a patient to a state hospital or other place designated by a state hospital shall be entitled to receive from the state hospital such fees and expenses as are payable to sheriffs for conveyance of patients to state hospitals.
(Added by Stats. 1967, Ch. 1667.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 5 - Transfer of Patients › Section 7328.

7328. Whenever a person who is committed to an institution subject to the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, under one of the commitment laws that provides for reimbursement for care and treatment to the state by the county of commitment of the person, is accused of committing a crime while confined in the institution and is committed by the court in which the crime is charged to another institution under the jurisdiction of the State Department of State Hospitals or the Department of Corrections and Rehabilitation, the state rather than the county of commitment shall bear the subsequent cost of supporting and caring for the person.
(Amended by Stats. 2012, Ch. 24, Sec. 190. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 7 - Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals › Section 7350.

7350. The provisions of this article except for Section 7355 shall not apply to any patient held upon an order of a court or judge in a proceeding arising out of a criminal action.
(Amended by Stats. 1978, Ch. 1291.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 7 - Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals › Section 7351.

7351. Wherever in any provision of this code heretofore or hereafter enacted the term “parole” is used in relation to the release of a patient from a state hospital, it shall be construed to refer to and mean “leave of absence.” A judicially committed patient or patient with an intellectual disability granted a leave of absence on or after July 1, 1969, and a patient on leave of absence as of July 1, 1969, may at any time during the period of the leave of absence be recalled and returned to the hospital.
Upon the release of a judicially committed patient as granted by the medical director of a state hospital, on leave of absence or discharge upon any of the grounds provided in this article, in accordance with the rules and regulations prescribed by the department, the superintendent shall issue to or on behalf of the judicially committed patient a document stating the general terms or limitations of the leave of absence, or a certificate stating the general condition of, or the reason for, the discharge of the judicially committed patient.
(Amended by Stats. 2012, Ch. 457, Sec. 66. (SB 1381) Effective January 1, 2013.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 7 - Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals › Section 7352.

7352. (a) The medical director of a state hospital may grant a leave of absence to a judicially committed patient, except as provided in Section 7350, under general conditions prescribed by the State Department of State Hospitals.
(b) The State Department of State Hospitals may continue to render services to patients placed on leave of absence prior to July 1, 1969, to the extent those services are authorized by law in effect immediately preceding July 1, 1969.
(Amended by Stats. 2014, Ch. 144, Sec. 128. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 7 - Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals › Section 7352.5.

7352.5. The medical director of a state hospital for the developmentally disabled may grant a leave of absence to any developmentally disabled patient or judicially committed patient, except as provided in Section 7350, under general conditions prescribed by the State Department of Developmental Services.
The State Department of Developmental Services may continue to render services to patients placed on leave of absence prior to July 1, 1969, to the extent such services are authorized by law in effect immediately preceding July 1, 1969.
(Added by Stats. 1977, Ch. 1252.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 7 - Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals › Section 7353.

7353. The State Department of State Hospitals shall pay the premium for third-party health coverage for Medicare beneficiaries who are patients at state hospitals under the jurisdiction of the State Department of State Hospitals. The department shall, when a mental health state hospital patient’s coverage would lapse due to lack of sufficient income or financial resources, or any other reason, continue the health coverage by paying the costs of continuation or group coverage pursuant to federal law or converting from a group to an individual plan.
(Amended by Stats. 2012, Ch. 24, Sec. 193. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 7 - Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals › Section 7354.

7354. (a) A person with a mental health disorder may be granted care in a licensed institution or other suitable licensed or certified facility. The State Department of State Hospitals may pay for that care at a rate not exceeding the average cost of care of patients in the state hospitals, as determined by the Director of State Hospitals. The payments shall be made from funds available to the State Department of State Hospitals for that purpose.
(b) The State Department of State Hospitals may make payments for services for patients who have mental health disorders in private facilities released or discharged from state hospitals on the basis of reimbursement for reasonable cost, using the same standards and rates consistent with those established by the State Department of Health Care Services for similar types of care. The payments shall be made within the limitation of funds appropriated to the State Department of State Hospitals for that purpose.
(c) No payments for care or services of a patient with a mental health disorder shall be made by the State Department of State Hospitals pursuant to this section unless the care or services are requested by the local director of the mental health services of the county of the patient’s residence, unless provision for the care or services is made in the county Short-Doyle plan of the county under which the county shall reimburse the department for 10 percent of the amount expended by the department, exclusive of the portion of the cost that is provided by the federal government.
(d) The provision for the 10-percent county share shall be inapplicable with respect to a county with a population of under 100,000 persons that has not elected to participate financially in providing services under Division 5 (commencing with Section 5000) in accordance with Section 5709.5.
(Amended by Stats. 2014, Ch. 144, Sec. 129. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 7 - Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals › Section 7354.5.

7354.5. Any developmentally disabled person may be granted care in a licensed institution or other suitably licensed or certified facility. The State Department of Developmental Services may pay for such care at a rate not exceeding the average cost of care of patients in the state hospitals as determined by the Director of Developmental Services. Such payments shall be made from funds available to the State Department of Developmental Services for that purpose.
The State Department of Developmental Services may make payments for services for developmentally disabled patients in private facilities released or discharged from state hospitals on the basis of reimbursement for reasonable cost, using the same standards and rates consistent with those established by the State Department of Developmental Services for similar types of care. Such payments shall be made within the limitation of funds appropriated to the State Department of Developmental Services for that purpose. No payments for care or services of a developmentally disabled person shall be made by the State Department of Developmental Services pursuant to this section, unless requested by the regional center having jurisdiction over the patient and provision for such care or services is made in the areawide plan for the developmentally disabled.
(Amended by Stats. 1978, Ch. 429.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 7 - Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals › Section 7355.

7355. No patient shall be discharged or, granted a leave of absence, or placed on parole or outpatient care from a state hospital without suitable clothing adapted to the season in which he is discharged; and, if it cannot otherwise be obtained, the superintendent, under general conditions prescribed by the department having jurisdiction of the hospital, shall furnish such clothing and money, not exceeding fifty dollars ($50), to defray the necessary expenses of such patient who is going on leave of absence, parole or outpatient care or is to be discharged, until he can reach his relatives or friends, or find employment to earn a subsistence.
The superintendent may, under general conditions prescribed by the department having jurisdiction of the hospital, furnish to patients while on leave of absence such incidental moneys, supplies or services as are necessary and advisable in the care, supervision and rehabilitation of such patients on leave of absence. Payments therefor shall be made from funds available for support of patients in the state hospital or hospitals from which such patients have been granted a leave of absence.
(Amended by Stats. 1978, Ch. 1291.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 7 - Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals › Section 7356.

7356. The charges for the care and keeping of persons on leave of absence from a state hospital where the State Department of State Hospitals, the State Department of Developmental Services, or the State Department of Social Services pays for the care shall be a liability of the person, his or her estate, and relatives, to the same extent that the liability exists for patients in state hospitals.
The State Department of State Hospitals shall collect or adjust the charges in accordance with Article 4 (commencing with Section 7275) of Chapter 3 of this division.
(Amended by Stats. 2012, Ch. 24, Sec. 195. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 7 - Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals › Section 7357.

7357. The superintendent of a state hospital, on filing his or her written certificate with the Director of State Hospitals, may discharge a patient who, in his or her judgment, has recovered or did not, at time of admission, have a mental health disorder.
(Amended by Stats. 2014, Ch. 144, Sec. 130. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 7 - Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals › Section 7359.

7359. The superintendent of a state hospital, on filing his or her written certificate with the Director of State Hospitals, may discharge as improved, or may discharge as unimproved, as the case may be, any judicially committed patient who is not recovered, but whose discharge, in the judgment of the superintendent, will not be detrimental to the public welfare, or injurious to the patient.
(Amended by Stats. 2012, Ch. 24, Sec. 197. (AB 1470) Effective June 27, 2012.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 7 - Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals › Section 7360.

7360. The medical superintendent shall not refuse to discharge any judicially committed patient as improved, on the ground that the guardian, friends, or relatives of the patient are not financially able and willing to care properly for the patient after his discharge. Any patient whose condition has improved so as to render him eligible for discharge under Section 7359 and whose guardian, friends, or relatives are not financially able and willing to care properly for him after his discharge shall be returned to the county from which he was committed, at the expense of the county, and shall be cared for by the county as are other indigent persons.
(Amended by Stats. 1968, Ch. 1374.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 7 - Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals › Section 7361.

7361. When the superintendent is unwilling to certify to the discharge of an unrecovered judicially committed patient, upon request, and so certifies in writing, giving his reasons therefor, any superior judge of the county in which the hospital is situated, upon such certificate, and upon any other proofs produced before him, after affording opportunity for a hearing to the superintendent, may direct, by order, the discharge of the patient, upon such security to the people of the state as he may require for the good behavior and maintenance of the patient. The certificate and the proof, and the order granted thereon, shall be filed in the clerk’s office of the county in which the hospital is situated, and a certified copy of the order shall be filed in the hospital from which the patient is discharged.
(Added by Stats. 1967, Ch. 1667.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 7 - Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals › Section 7362.

7362. (a) The medical superintendent of a state hospital, on filing his or her written certificate with the Director of State Hospitals, may on his or her own motion, and shall on the order of the State Department of State Hospitals, discharge a patient who comes within any of the following descriptions:
(1) Who is not a proper case for treatment therein.
(2) Who has a developmental disability or a chronic harmless mental health disorder.
(b) The person, when discharged, shall be returned to the county of his or her residence at the expense of the county, and delivered to the sheriff or other appropriate county official to be designated by the board of supervisors, for delivery to the official or agency in that county charged with the responsibility for the person. Should the person be a poor and indigent person, he or she shall be cared for by the county as are other indigent poor.
(c) No person who has been discharged from a state hospital under the provisions of paragraph (2) of subdivision (a) shall be again committed to a state hospital unless he or she is subject to judicial commitment.
(Amended by Stats. 2014, Ch. 144, Sec. 131. (AB 1847) Effective January 1, 2015.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 2 - State Hospitals for the Mentally Disordered › ARTICLE 8 - Disposition of Mentally Disordered Criminals Upon Recovery › Section 7375.

7375. Whenever a convict is received into a state hospital under the provisions of Section 2684 of the Penal Code, the medical director of the state hospital shall, 90 days after the arrival of such person and each six months thereafter, report to the Director of Corrections regarding the status and progress of the person. The convict shall, on recovery, be returned to prison in accordance with the provisions of Section 2685 of the Penal Code.
(Repealed and added by Stats. 1980, Ch. 547, Sec. 27.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 7 - MENTAL INSTITUTIONS › CHAPTER 3 - State Hospitals for the Developmentally Disabled › Section 7500.

7500. There is established in the state, Porterville Developmental Center, in Tulare County, a state hospital for the care and treatment of persons with developmental disabilities.
(Repealed and added by Stats. 2021, Ch. 76, Sec. 58. (AB 136) Effective July 16, 2021.)