BILL ANALYSIS Ó
AB 1569
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CONCURRENCE IN SENATE AMENDMENTS
AB 1569 (Allen)
As Amended July 3, 2012
Majority vote
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|ASSEMBLY: |68-4 |(May 3, 2012) |SENATE: |37-0 |(August 20, |
| | | | | |2012) |
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Original Committee Reference: HEALTH
SUMMARY : Extends the sunset date in current law providing
counties with the option to implement court-ordered assisted
outpatient treatment (AOT) programs for mentally ill persons
from January 1, 2013, to January 1, 2017, and requires the
Department of Health Care Services (DHCS) to submit a related
evaluation report to the Governor and Legislature by July 1,
2015.
The Senate amendments require DHCS, rather than the former
Department of Mental Health (DMH), to fulfill the reporting
requirement in this bill.
EXISTING LAW :
1)Establishes, pursuant to AB 1421 (Thomson), Chapter 1017,
Statutes of 2002, the AOT Demonstration Project Act of 2002
(Act) to permit counties to provide AOT services for people
with serious mental illnesses when a court finds that a
person's recent history of hospitalizations or violent
behavior, and noncompliance with voluntary treatment,
indicates the person is likely to become dangerous or gravely
disabled without the court-ordered outpatient treatment.
2)Sunsets the Act on January 1, 2013, and requires DMH to submit
a report and evaluation to the Legislature of all counties
implementing an AOT program by July 31, 2011.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
AB 1569
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COMMENTS : The author states that scientific research
demonstrates that sustained AOT services can be highly
successful for individuals with the most severe and persistent
mental illnesses. The author points to numerous studies of New
York's AOT law, also known as Kendra's Law, that have found
that, in the first five years of the program, the estimated
3,900 individuals who received treatment orders experienced
increases in engagement of services and adherence to prescribed
medications, and reductions in hospitalizations, homelessness,
arrests, and, incarcerations. The author notes that, while only
Nevada County has opted to implement an AOT program in
California, this bill is needed to ensure that counties continue
to have another tool available for providing the legal and
clinical treatment structure necessary to give severely mentally
ill individuals who chronically refuse voluntary treatment the
support they need to achieve stability and meaningful recovery
in their communities.
Supporters of this bill, including the California Psychiatric
Association, the California State Sheriffs' Association, and the
National Alliance for the Mentally Ill, state that AB 1421 needs
to be extended because it is a valuable early intervention
alternative to revolving door hospitalization and incarceration
for a small group of individuals who meet certain stringent
criteria and occupies a unique niche in counties' continuum of
care that supports recovery from severe and persistent mental
illness. They note that, in Nevada County, AOT saved $1.81 in
hospitalization and incarceration costs for every $1.00 invested
and it has had a positive fiscal impact on decreasing costs to
other county systems, such as emergency departments, ambulance,
law enforcement, and the courts.
Opponents of this bill, including Disability Rights California,
the American Civil Liberties Union of California, and other
patient advocacy groups, argue that AOT is unnecessary as there
are good alternatives to ensure access to needed mental health
services; AOT has not been widely implemented and does not work;
and, the current Lanterman-Petris Short Act allows for
involuntary mental health treatment under statutorily defined
criteria. They maintain that forced treatment is inconsistent
with mental health recovery principles of self-determination and
empowerment and state that California should increase the
availability of a full array of voluntary mental health services
for the mentally disabled and expand programs that have
demonstrated success in saving lives and money.
AB 1569
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Analysis Prepared by : Cassie Royce / HEALTH / (916) 319-2097
FN: 0004547