(a) Subject to an appropriation by the Legislature for this express purpose, the department may contract as follows:

(1) For subacute bed capacity, including, but not limited to, institutions for mental disease, mental health rehabilitation centers, skilled nursing facilities, or any other treatment options, such as community-based restoration of competency services, to address the increasing number of patient referrals to the department.

Terms Used In California Welfare and Institutions Code 4361.6

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Contract: A legal written agreement that becomes binding when signed.

(2) With private or public entities to house and treat individuals committed to the department pursuant to Sections 1026, 1370, and 2972 of the Penal Code or Section 5358 of this code. Contracted funds may include any of the following:

(A) Program implementation costs.

(B) Construction costs, including funds for projects to build new facilities or modify, expand, or retrofit an existing space.

(C) One-time purchases of patient and staff furnishings and minor equipment.

(D) Activities related to recruitment and training of staff before program activation.

(E) Operating expenses.

(b) Contracts awarded pursuant to this chapter shall be exempt from the requirements contained in § 19130 of the Government Code, the Public Contract Code, Section 4101.5 of this code, and the State Administrative Manual. These contracts shall not be subject to approval by the Department of General Services.

(c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section by means of a departmental letter or other similar instruction, as necessary.

(Amended by Stats. 2022, Ch. 738, Sec. 13. (AB 204) Effective September 29, 2022.)

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