California Welfare and Institutions Code 4361.7 – (a) Subject to an appropriation by the Legislature for this …
(a) Subject to an appropriation by the Legislature for this express purpose, the department may contract for medical, evaluation, and other services as necessary to facilitate early access to treatment for individuals in county jails who have been deemed incompetent to stand trial on a felony charge.
(b) County jails shall allow the department and any of its contractors or designees reasonable access to its facilities and individuals deemed incompetent to stand trial on a felony charge to provide early access treatment.
Terms Used In California Welfare and Institutions Code 4361.7
- 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.
- County: includes "city and county. See California Welfare and Institutions Code 14
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) The department may petition for and participate in involuntary medication hearings pursuant to § 1370 of the Penal Code for individuals housed in county jails who are being treated by department employees or contractors. Nothing in this section shall remove the ability or responsibility of a jail to utilize existing authority to seek an involuntary medication order for individuals or to provide other medical or mental health care.
(d) Contracts awarded pursuant to this chapter are 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 are not subject to approval by the Department of General Services.
(e) 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.
(Added by Stats. 2022, Ch. 47, Sec. 57. (SB 184) Effective June 30, 2022.)