Sacramento – The California Assembly today voted 66-0 to approve AB 366, legislation by Assemblymember Michael Allen (D – Santa Rosa) to modify the process by which individuals who are declared incompetent to stand trial can be involuntarily medicated.
AB 366 makes state hospitals safer for patients and staff by improving the current involuntary medication process to eliminate any significant gap in the necessary treatment for patients deemed incompetent to stand trial (IST) and committed to a state hospital (Penal Code 1370) who have demonstrated that they are a danger to themselves or others.
A study performed jointly by the University of California, Davis and Napa State Hospital revealed that in 2010 there were over 8,300 aggressive incidents at the five state hospitals and over 5,100 injuries to patients and staff including one staff death which translates into 23 assaults and 14 injuries per day.
“From a workers’ compensation perspective, this translates into nearly 800 staff injuries and over 20,000 missed work days at Napa State Hospital alone over the last two years,” Allen said. “And while we cannot attribute all of the injuries to workplace assaults, data does show that as the number of assaults have increased so have the number of workers compensation claims.
“We also know that the increase in workers’ compensation claims has led to an increase in overtime costs for the Department of Mental Health to ensure that federal and state required staff ratios are met,” Allen added. “In fact, since the 2003-04 fiscal year, the department has spent over $311 million in overtime compensation and overtime has increased from approximately $41 million to $101 million annually.
“By providing a temporary process for involuntary medication, one that upholds a patient’s due process rights, patients in need of medication will no longer go untreated and patients will be restored to competency so that they can stand trial.”
Allen, who represents California’s 7th Assembly District, chairs the Assembly Select Committee on State Hospital Safety.
AB 366 is co-authored by Assemblymember Katcho Achadjian (R – San Luis Obispo) and Senator Sam Blakeslee (R – San Luis Obispo).
The language for the bill was developed after discussions with AFSCME (the American Federation of State, County and Municipal Employees), the California Association of Psychiatric Technicians, the California State Law Enforcement Association, SEIU (the Service Employees International Union), the Union of Physicians and Dentists, and the ACLU.
Contact: David W. Miller (916) 319-2572
