Protection & Advocacy Inc.

Advancing the Rights of Californians with Disabilities

LEGISLATION & PUBLIC
INFORMATION UNIT

1029 J Street, Suite 150
Sacramento CA 95814
Telephone: (916) 497-0331
Fax: (916) 497-0813
www.pai-ca.org

Principles Related to Individuals Committed under
Section 6600 of the Welfare and Institutions Code

(Adopted 12/01/2006)

Welfare and Institutions Code 6600 et seq. provides protections which ensure that state hospital residents are not confined beyond the time necessary to determine they are not dangerous. In recent years, there have been many proposals designed to reduce or eliminate these protections. As with any other residents in the state hospitals, PAI will advocate for the legal rights of individuals committed to the state hospitals under § 6600, and will formulate positions on legislation and appropriations as follows:

·       PAI will oppose legislation that interferes with any individual’s access to the judicial system for review of their commitment to a state hospital, regardless of the category of commitment. Access to the judicial system includes: the process for the commitment under § 6600 or other commitment statute, burdens and standards of proof, rules for obtaining and presenting evidence, and the time period for judicial review.

·       PAI will support all legislative measures to ensure that state hospital residents receive humane care and treatment without discrimination based on category of commitment.

·       PAI will support appropriations and legislative measures that ensure that treatment is available for those who request it in the least restrictive environment that is most protective of personal dignity and privacy. PAI supports the development of appropriate community services and supports for individuals transferring out of state hospitals. PAI does not oppose the appropriate and reasonable use of monitoring systems designed to address safety concerns regarding community placement of individuals committed under § 6600, such as surveillance, polygraph examinations, global positioning devices, increased supervision through random visits, and sexual offender registration. PAI will oppose legislative efforts which restrict further community placement of individuals for whom the Department of Mental Health (DMH) deems ready for community placement under appropriate supervision.

·       PAI will support legislative efforts to protect personal rights of individuals committed to state hospitals notwithstanding psychiatric diagnosis or commitment status. Personal rights include, but are not limited to, the right to: freedom from abuse and neglect, confidential communications with an attorney, reasonable access to confidential telephone calls, mail, education, social interaction, personal visits, medical treatment, and informed consent to medical or psychiatric treatment.

·       PAI will support measures that allow individuals committed under § 6600 to receive appropriate, voluntary mental health and medical treatment and that protect their personal rights when they are transported to and from, or are confined in, the county jail. PAI will oppose legislative measures which attempt to inappropriately confine individuals committed under § 6600 or other commitment statutes in a county jail.

Policy #1029.01

Adopted 12/01/2006