BILL NUMBER: SB 364 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Steinberg
FEBRUARY 20, 2013
An act to amend Sections 5001 and 5008 of, and to add Sections
5001.5 and 5013 to, the Welfare and Institutions Code, relating to
mental health.
LEGISLATIVE COUNSEL'S DIGEST
SB 364, as introduced, Steinberg. Mental health.
Existing law, the Lanterman-Petris-Short Act, provides for the
involuntary commitment and treatment of persons with specified mental
disorders and for the protection of the persons so committed.
Existing law states the intent of the Legislature, with regard to
this act, including to end inappropriate, indefinite, and involuntary
commitment of mentally disordered persons, developmentally disabled
persons, and persons impaired by chronic alcoholism, and to eliminate
legal disabilities and to protect mentally disordered persons and
developmentally disabled persons.
This bill would state the intent of the Legislature, additionally,
to ensure equal protection for all persons who are subject to
involuntary detention and to provide services in the least
restrictive setting consistent with the needs and stability of the
person, as well as making technical changes. The bill would require
counties to ensure that persons with severe mental illness who are on
custodial hold receive prompt assessment, evaluation, and treatment,
regardless of insurance status, economic status, or ability to pay
for treatment.
This bill would require each county mental health department to
post on its Internet Web site a current list, to be updated at lease
annually, of ambulatory services and other resources for persons with
severe mental illness and substance use in the county that may be
accessed by providers and consumers of mental health services. By
imposing these additional requirements on counties, this bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5001 of the Welfare and Institutions Code is
amended to read:
5001. The provisions of this part shall be construed to promote
the legislative intent as follows:
(a) To end the inappropriate, indefinite, and involuntary
commitment of mentally disordered persons, developmentally
disabled persons, and persons impaired by persons with
severe mental illness, developmental disabilities, and chronic
alcoholism, and to eliminate legal disabilities;
disabilities.
(b) To provide prompt evaluation and treatment of persons with
serious severe mental
disorders illness or impaired by chronic
alcoholism; alcoholism.
(c) To guarantee and protect public safety;
safety.
(d) To safeguard individual rights through judicial
review; review.
(e) To provide individualized treatment, supervision, and
placement services by a conservatorship program for gravely disabled
persons; persons.
(f) To encourage the full use of all existing agencies,
professional personnel , and public funds to accomplish
these objectives and to prevent duplication of services and
unnecessary expenditures; expenditures.
(g) To protect mentally disordered persons and
developmentally disabled persons persons with severe
mental illness and developmental disabilities from
criminal acts.
(h) To promote consistent statewide application of this part in
order to ensure equal protection for all persons who are subject to
involuntary detention, including preadmission assessment and
evaluation and treatment pursuant to this part.
(i) To provide services in the least restrictive setting
consistent with the needs and stability of the persons subject to
this part.
SEC. 2. Section 5001.5 is added to the Welfare and Institutions
Code, to read:
5001.5. In furtherance of subdivision (b) of Section 5001, each
county shall have the responsibility, in accordance with this part,
to ensure that all persons with severe mental illness who are on a
custodial hold receive prompt assessment, evaluation, and treatment,
regardless of insurance status, economic status, or ability to pay
for services.
SEC. 3. Section 5008 of the Welfare and Institutions Code is
amended to read:
5008. Unless the context otherwise requires, the following
definitions shall govern the construction of this part:
(a) "Evaluation" consists of multidisciplinary professional
analyses of a person's medical, psychological, educational, social,
financial, and legal conditions as may appear to constitute a
problem. Persons providing evaluation services shall be properly
qualified professionals and may be full-time employees of an agency
providing evaluation services or may be part-time employees or may be
employed on a contractual basis.
(b) "Court-ordered evaluation" means an evaluation ordered by a
superior court pursuant to Article 2 (commencing with Section 5200)
or by a court pursuant to Article 3 (commencing with Section 5225) of
Chapter 2.
(c) "Intensive treatment" consists of such hospital and other
services as may be indicated. Intensive treatment shall be provided
by properly qualified professionals and carried out in facilities
qualifying for reimbursement under the California Medical Assistance
Program (Medi-Cal) set forth in Chapter 7 (commencing with Section
14000) of Part 3 of Division 9, or under Title XVIII of the federal
Social Security Act and regulations thereunder. Intensive treatment
may be provided in hospitals of the United States government by
properly qualified professionals. Nothing in this part shall be
construed to prohibit an intensive treatment facility from also
providing 72-hour treatment and evaluation.
(d) "Referral" is referral of persons by each agency or facility
providing intensive treatment or evaluation services to other
agencies or individuals. The purpose of referral shall be to provide
for continuity of care, and may include, but need not be limited to,
informing the person of available services, making appointments on
the person's behalf, discussing the person's problem with the
agency or individual facility, provider, or
other organization to which the person has been referred,
appraising the outcome of referrals, and arranging for personal
escort and transportation when necessary. Referral shall be
considered complete when the agency or individual
facility, provider, or other organization to whom the
person has been referred accepts responsibility for providing the
necessary services. All persons shall be advised of available precare
services which that prevent initial
recourse to hospital treatment or aftercare services which
that support adjustment to community living
following hospital treatment. These services may be provided through
county welfare mental health
departments, State Department of State Hospitals, Short-Doyle
programs , or other local agencies.
Each agency or facility providing evaluation services shall
maintain a current and comprehensive file of all community services,
both public and private. These files shall contain current agreements
with agencies or individuals accepting referrals, as well as
appraisals of the results of past referrals.
(e) "Crisis intervention" consists of an interview or series of
interviews within a brief period of time, conducted by qualified
professionals, and designed to alleviate personal or family
situations which present a serious and imminent threat to the health
or stability of the person or the family. The interview or interviews
may be conducted in the home of the person or family, or on an
inpatient or outpatient basis with such therapy, or other services,
as may be appropriate. Crisis intervention may, as appropriate,
include suicide prevention, psychiatric, welfare, psychological,
legal, or other social services.
(f) "Prepetition screening" is a screening of all petitions for
court-ordered evaluation as provided in Article 2 (commencing with
Section 5200) of Chapter 2, consisting of a professional review of
all petitions; an interview with the petitioner and, whenever
possible, the person alleged, as a result of mental disorder, to be a
danger to others, or to himself or herself, or to be gravely
disabled, to assess the problem and explain the petition; when
indicated, efforts to persuade the person to receive, on a voluntary
basis, comprehensive evaluation, crisis intervention, referral, and
other services specified in this part.
(g) "Conservatorship investigation" means investigation by an
agency appointed or designated by the governing body of cases in
which conservatorship is recommended pursuant to Chapter 3
(commencing with Section 5350).
(h) (1) For purposes of Article 1 (commencing with Section 5150),
Article 2 (commencing with Section 5200), and Article 4 (commencing
with Section 5250) of Chapter 2, and for the purposes of Chapter 3
(commencing with Section 5350), "gravely disabled" means either of
the following:
(A) A condition in which a person, as a result of a mental
disorder, is unable to provide for his or her basic personal needs
for food, clothing, or shelter.
(B) A condition in which a person, has been found mentally
incompetent under Section 1370 of the Penal Code and all of the
following facts exist:
(i) The indictment or information pending against the defendant at
the time of commitment charges a felony involving death, great
bodily harm, or a serious threat to the physical well-being of
another person.
(ii) The indictment or information has not been dismissed.
(iii) As a result of mental disorder, the person is unable to
understand the nature and purpose of the proceedings taken against
him or her and to assist counsel in the conduct of his or her defense
in a rational manner.
(2) For purposes of Article 3 (commencing with Section 5225) and
Article 4 (commencing with Section 5250), of Chapter 2, and for the
purposes of Chapter 3 (commencing with Section 5350), "gravely
disabled" means a condition in which a person, as a result of
impairment by chronic alcoholism, is unable to provide for his or her
basic personal needs for food, clothing, or shelter.
(3) The term "gravely disabled" does not include mentally retarded
persons by reason of being mentally retarded alone.
(i) "Peace officer" means a duly sworn peace officer as that term
is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 of the Penal Code who has completed the basic training course
established by the Commission on Peace Officer Standards and
Training, or any parole officer or probation officer specified in
Section 830.5 of the Penal Code when acting in relation to cases for
which he or she has a legally mandated responsibility.
(j) "Postcertification treatment" means an additional period of
treatment pursuant to Article 6 (commencing with Section 5300) of
Chapter 2.
(k) "Court," unless otherwise specified, means a court of record.
( l ) "Antipsychotic medication" means any medication
customarily prescribed for the treatment of symptoms of psychoses and
other severe mental and emotional disorders.
(m) "Emergency" means a situation in which action to impose
treatment over the person's objection is immediately necessary for
the preservation of life or the prevention of serious bodily harm to
the patient or others, and it is impracticable to first gain consent.
It is not necessary for harm to take place or become unavoidable
prior to treatment.
SEC. 4. Section 5013 is added to the Welfare and Institutions
Code, to read:
5013. (a) It is the intent of the Legislature that referrals
between facilities, providers, and other organizations shall be
facilitated by the sharing of information and records in accordance
with Section 5328 and applicable federal and state laws.
(b) Each county mental health department's Internet Web site shall
include a current list of ambulatory services and other resources
for persons with severe mental illness and substance use in the
county that may be accessed by providers and consumers of mental
health services. The list of services on the Internet Web site shall
be updated at least annually by the county.
SEC. 5. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.