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Projects :: California Memorial Project
SB 1448 - Chesbro - Amended 4/10/02
AMENDED IN SENATE APRIL 10, 2002
INTRODUCED BY Senators Chesbro, Perata, Romero, and Scott
(Coauthors: Senators Kuehl and Machado)
(Coauthors: Assembly Members Aroner, Ashburn, Bates, Longville, and Strom-Martin)
FEBRUARY 15, 2002
An act relating to state hospitals and developmental centers.
LEGISLATIVE COUNSEL'S DIGEST
SB 1448, as amended, Chesbro. Deceased residents of state hospitals and developmental centers.
Existing law provides for various types of cemeteries, including public cemeteries, private cemeteries, and cemetery authorities. Existing law establishes recordkeeping requirements as to each type of cemetery.
Existing law provides for state hospitals under the jurisdiction of the State Department of Mental Health and developmental centers under the jurisdiction of the State Department of Developmental Services.
This bill would require the State Department of Mental Health, in coordination with other state departments and a task force composed, as prescribed, to conduct various inventories regarding persons who have died while residing at state hospitals and developmental centers, the locations of gravesites, as specified, and the patients whose remains were donated for medical research.
This bill would also require these entities to assist specified persons to develop a plan
for the restoration of gravesites and cemeteries at state hospitals and developmental centers and gravesites not located on state lands but designated by the state for burial of state hospital or developmental center residents and to develop a protocol for the future interment of patients who die while residing at a state hospital or developmental center and are unclaimed by a family member.
This bill would require the department to submit a progress report to the Legislature as to the implementation of this bill no later than January 31, 2004.
Vote: majority. Appropriation: no.
Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all the following:
(1) The state has provided services to persons with disabilities in state hospitals and developmental centers since the mid-1880s.
(2) Over 20,000 patients have died and were interred at a state hospital or developmental center from the mid-1880s until 1960.
(3) Information about the patients who have died while in residency at a state hospital or developmental center is incomplete.
(4) Cemeteries at state hospitals and developmental centers have fallen in disrepair since the 1960s and are in need of restoration. Most of the existing gravesites are unmarked and, in most cases, these cemeteries are untended. Many of these cemeteries are, in effect, massive gravesites, and many records identifying where bodies are buried have been misplaced or destroyed.
(5) The state has an obligation to provide appropriate interment for patients who die while residing at a state hospital or developmental center and whose remains are not claimed by a family member.
(6) The state has an obligation to ensure maintenance of gravesites on state hospital and developmental center lands, and gravesites not located on state lands but designated by the state for burial of state hospital or developmental center residents, in a manner that is respectful, and includes individual acknowledgement, of the persons buried there.
(7) The state has an obligation to maintain appropriate records about persons who resided in state hospitals and developmental centers, including, but not limited to, their names, date of admittance, date of death, and cause of death.
(8) Persons with disabilities should play a leadership role in restoring the integrity of gravesites at state hospitals and developmental center lands and gravesites not located on state lands but designated by the state for burial of state hospital or developmental center residents.
(b) It is the intent of the Legislature to enact legislation that would require the state to support persons with disabilities in their efforts to restore dignity to persons whose remains are buried in gravesites on state hospital and developmental center lands, and in gravesites not located on state lands but designated by the state for burial of state hospital or developmental center residents.
SEC. 2. (a) The State Department of Mental Health shall, in coordination with the task force described in subdivision (b) and with other state departments, including, but not limited to, the Department of General Services, the State Department of Developmental Services, and the California State Library, do all of the following:
(1) Conduct and complete inventories of all of the following:
(A) All materials and records necessary to create the most complete record of persons who died while residing at any state hospital as defined in Section 7200, or any developmental center as defined in Section 4440.
(B) The location of all gravesites at existing state hospitals and developmental center lands and of gravesites not located on state lands but designated by the state for burial of state hospital or developmental center residents. This shall include the location of remains that may have been moved from their original burial site and the location of grave markers that may have been moved from gravesites.
(C) The names of patients whose remains were donated for medical research, the entity to which the remains were donated, and the final disposition of those remains.
(2) Assist, and cooperate with, any state or local organization representing persons with disabilities that conduct research regarding the records of deaths and burials of persons at state hospitals and developmental centers and cemeteries based on the grounds of these facilities. This assistance shall include the granting of access to state records as necessary to perform the inventories described in this section.
(3) Assist persons described in paragraph (2) to develop a plan for the restoration of gravesites and cemeteries at state hospitals and developmental centers and gravesites not located on state lands but designated by the state for burial of state hospital or developmental center residents.
(4) Develop a protocol for the future interment of patients who die while residing at a state hospital or developmental center and are unclaimed by a family member.
(b) (1) The State Department of Mental Health shall establish a task force to provide leadership and direction in carrying out the activities described in this section. The task force shall consist of representatives selected by each of the following entities:
(A) The Peer Self-Advocacy Unit of Protection and Advocacy, Inc.
(B) California Network of Mental Health Clients.
(C) Capitol People First.
(2) Task force members shall be reimbursed for any travel expenses associated with serving on the task force. When requested by a task force member with a disability, the state shall pay the cost of a facilitator chosen by the task force member.
(c) In implementing this section, the state shall make no structural changes to existing gravesites on state hospital or developmental center lands prior to the submission of, and which do not conform with, the restoration plan described in paragraph (3) of
subdivision (a).
(d) The State Department of Mental Health shall submit a progress report on the implementation of this section to the Legislature by January 31, 2004.
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