BILL NUMBER: SB 364 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 15, 2013
AMENDED IN SENATE APRIL 4, 2013
INTRODUCED BY Senator Steinberg
FEBRUARY 20, 2013
An act to amend Sections 5001, 5008, 5150, and 5151 of, to add
Sections 5013 and 5121 to, and to repeal Sections 5150.3, 5156, and
5157 of, the Welfare and Institutions Code, relating to mental
health.
LEGISLATIVE COUNSEL'S DIGEST
SB 364, as amended, 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 provide consistent standards for protection of the personal
rights of persons who are subject to involuntary detention and to
provide services in the least restrictive setting appropriate to the
needs of the person, as well as making technical changes.
This bill would encourage each county mental health department to
post on its Internet Web site a current list, to be updated at least
annually, of ambulatory services and other resources for persons with
mental health disorders and substance abuse in the county that may
be accessed by providers and consumers of mental health services.
Under existing law, when a person, as a result of mental disorder,
is a danger to others, or to himself or herself, or gravely
disabled, he or she may, upon probable cause, be taken into custody
by a peace officer, member of the attending staff of an evaluation
facility, designated members of a mobile crisis team, or other
designated professional person, and placed in a facility designated
by the county and approved by the State Department of Social Services
as a facility for 72-hour treatment and evaluation. Existing law
specifies advisements that are to be given to the person prior to
involuntary commitment.
This bill would authorize a county health director to develop
procedures for the county's designation and training of professionals
who will be designated to perform functions relating to the 72-hour
treatment and evaluation. The bill would require the facilities for
72-hour treatment and evaluation to be licensed or certified as
mental health treatment facilities by the State Department of Health
Care Services or the State Department of Public Health. The bill
would also authorize a professional person in charge of an evaluation
facility to take custody of a person for this purpose, but would
remove that ability for a designated member of a mobile crisis team.
The bill would make prescribed changes to the advisements given when
the person is taken into custody and when the person is admitted to
the facility.
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 persons with severe mental health disorders,
developmental disabilities, and chronic alcoholism, and to eliminate
legal disabilities.
(b) To provide prompt evaluation and treatment of persons with
mental health disorders or impaired by chronic alcoholism.
(c) To guarantee and protect public safety.
(d) To safeguard individual rights through judicial review.
(e) To provide individualized treatment, supervision, and
placement services by a conservatorship program for persons who are
gravely disabled.
(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.
(g) To protect persons with mental health disorders and
developmental disabilities from criminal acts.
(h) To provide consistent standards for protection of the personal
rights of persons receiving services under this part and under Part
1.5 (commencing with Section 5585).
(i) To provide services in the least restrictive setting
appropriate to the needs of each person receiving services under this
part and under Part 1.5 (commencing with Section 5585).
SEC. 2. 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 face to face or telehealth 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 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 to whom the person has been referred
accepts responsibility for providing the necessary services. All
persons shall be advised of available precare services that prevent
initial recourse to hospital treatment or aftercare services that
support adjustment to community living following hospital treatment.
These services may be provided through county 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. The interview or interviews may include family
members, significant support persons, providers, or other entities
or individuals, as appropriate and as authorized by law. 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 a mental health
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 health
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 person 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 a mental health 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 persons with
intellectual disabilities by reason of that disability 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. 3. 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 is
encouraged to include a current list of ambulatory services and other
resources for persons with mental health disorders and substance
abuse in the county that may be accessed by providers and consumers
of mental health services. The list of services on the Internet Web
site should be updated at least annually by the county.
SEC. 4. Section 5121 is added to the Welfare and Institutions
Code, to read:
5121. The county mental health director may develop procedures
for the county's designation and training of professionals who will
be designated to perform functions under Section 5150. These
procedures may include, but are not limited to, the following:
(a) The license types, practice disciplines, and clinical
experience of professionals eligible to be designated by the county.
(b) The initial and ongoing training and testing requirements for
professionals eligible to be designated by the county.
(c) The application and approval processes for professionals
seeking to be designated by the county, including the timeframe for
initial designation and procedures for renewal of the designation.
(d) The county's process for monitoring and reviewing
professionals designated by the county to ensure appropriate
compliance with state law, regulations, and county procedures.
SEC. 5. Section 5150 of the Welfare and Institutions Code is
amended to read:
5150. (a) When a person, as a result of a mental health disorder,
is a danger to others, or to himself or herself, or gravely
disabled, a peace officer, professional person in charge of an
evaluation facility designated by the county, member of the attending
staff, as defined by regulation, of an evaluation facility
designated by the county , or professional person designated by the
county may, upon probable cause, take, or cause to be taken, the
person into custody for assessment, evaluation, and crisis
intervention, or place him or her in a facility designated by the
county as a facility for evaluation and treatment. These facilities
shall be licensed or certified as mental health treatment facilities
by the State Department of Health Care Services or the State
Department of Public Health. Assessment, as defined in Section
5150.4, and evaluation and crisis intervention, as defined in
subdivisions (a) and (e) of Section 5008, may be provided by a
professional person in charge of an evaluation facility designated by
the county, or by a professional person designated by the county.
(b) If in the judgment of the professional person designated by
the county or professional person in charge of the facility
designated by the county providing evaluation and treatment, or his
or her designee, the person can be properly served without being
detained, he or she shall be provided evaluation, crisis
intervention, or other inpatient or outpatient services on a
voluntary basis. Nothing in this subdivision shall be interpreted to
prevent a peace officer from delivering individuals to a designated
facility for assessment under this section. Furthermore, the
assessment requirement of this section shall not be interpreted to
require peace officers to perform any additional duties other than
those specified in Sections 5150.1 and 5150.2.
(c) Whenever a person is evaluated by a professional person
designated by the county or a professional person in charge of a
facility designated by the county and is found to be in need of
mental health services, but is not admitted to the facility, all
available alternative services provided for pursuant to Section 5151
shall be offered as determined by the county mental health director.
(d) If, in the judgment of the peace officer, member of the
attending staff, the professional person designated by the county, or
the professional person in charge of a designated facility, the
person cannot be properly served without being detained, the facility
shall require an application in writing stating the circumstances
under which the person's condition was called to the attention of the
peace officer, member of the attending staff, or professional
person, and stating that the peace officer, member of the attending
staff, or professional person has probable cause to believe that the
person is, as a result of a mental health disorder, a danger to
others, or to himself or herself, or gravely disabled. If the
probable cause is based on the statement of a person other than the
peace officer, member of the attending staff, or professional person,
the identity of the person and portions of the person's statement
relevant to the determination of probable cause shall be documented
in the application and the person giving the statement shall be
liable in a civil action for intentionally giving a statement which
he or she knows to be false. A copy of the application shall be
provided to the person being detained.
(e) At the time a person is taken into custody for evaluation, or
within a reasonable time thereafter, unless a responsible relative or
the guardian or conservator of the person is in possession of the
person's personal property, the person taking him or her into custody
shall take reasonable precautions to preserve and safeguard the
personal property in the possession of or on the premises occupied by
the person. The person taking him or her into custody shall then
furnish to the court a report generally describing the person's
property so preserved and safeguarded and its disposition, in
substantially the form set forth in Section 5211, except that if a
responsible relative or the guardian or conservator of the person is
in possession of the person's property, the report shall include only
the name of the relative or guardian or conservator and the location
of the property, whereupon responsibility of the person taking him
or her into custody for that property shall terminate. As used in
this section, "responsible relative" includes the spouse, parent,
adult child, domestic partner, grandparent, grandchild, or adult
brother or sister of the person , except that it does not
include the person who applied for the petition under this article
.
(f) (1) Each person, at the time he or she is first taken into
custody under this section, shall be provided, by the person who
takes him or her into custody, the following information orally in a
language or modality accessible to the person. If the person cannot
understand an oral advisement, the information shall be provided in
writing. The information shall be in substantially the following
form:
My name is ___________________________________ .
I am a _____________________________
(peace officer/mental health
______________ .
professional)
with __________________ .
(name of agency)
You are not under criminal arrest, but I am
taking you for an examination by mental health
professionals at _____________________________ .
____________________
(name of facility)
You will be told your rights by the mental
health staff.
(2) If taken into custody at his or her own residence, the person
shall also be provided the following information:
You may bring a few personal items with you, which I will have to
approve. Please inform me if you need assistance turning off any
appliance or water. You may make a phone call and leave a note to
tell your friends or family where you have been taken.
(3) If the advisement was not completed, the mental health
professional at the facility shall complete the advisement.
(g) The designated facility shall keep, for each patient
evaluated, a record of the advisement given pursuant to subdivision
(f) which shall include all of the following:
(1) The name of the person detained for evaluation.
(2) The name and position of the peace officer or mental health
professional taking the person into custody.
(3) The date the advisement was completed.
(4) Whether the advisement was completed.
(5) The language or modality used to give the advisement.
(6) If the advisement was not completed, a statement of good
cause, as defined by regulations of the State Department of Social
Services.
(h) (1) Each person admitted to a designated facility for
evaluation and treatment shall be given the following information by
admission staff at the evaluation unit. The information shall be
given orally and in writing and in a language or modality accessible
to the person. The written information shall be available to the
person in English and in the language that is the person's principal
means of communication. Accommodations for other disabilities that
may impact communication shall also be made. The information shall be
in substantially the following form:
My name is ____________________________________.
My position here is____________________________.
You are being placed into the psychiatric unit
because it is our professional opinion that, as
a result of a mental health disorder, you are
likely to (check applicable):
( ) Harm
yourself.
( ) Harm someone
else.
( ) Be unable to take care of your own food,
clothing, and housing
needs.
We feel this is true because
________________________________________________
(list of the facts upon which the allegation of
dangerous
or gravely disabled due to mental disorder is
based, including pertinent
facts arising from the admission interview).
You will be held on the ward for a period up
to 72 hours.
to 72 hours. During the 72 hours you may also
be
transferred
be transferred to another facility. You may
request to be
request to be treated at a facility of your
choice. You
will
choice. You will be given a choice of treatment
providers.
providers.
During these 72 hours you will be evaluated by
the hospital staff, and you may be given
treatment, including medications. It is
possible for you to be released before the end
of the 72 hours. But if the staff decides that
you need continued treatment you can be held
for a longer period of time. If you are
held longer than 72 hours, you have the right
to a lawyer and a qualified interpreter and a
hearing before a judge. If you are unable to
pay for the lawyer, then one will be provided
to you free of charge.
If you have questions about your legal rights,
you may contact the county Patients' Rights
Advocate at _____________________________
(phone number for the county
__________________________________.
Patients' Rights Advocacy office)
(2) If the notice is given in a county where weekends and holidays
are excluded from the 72-hour period, the patient shall also be
given the following information:
The 72-hour period does not include
weekends or holidays. Your 72-hour period began
_____________.
(date/time)
(3) If the advisement was not completed at admission, the
advisement process shall be continued on the ward until completed.
(i) For each patient admitted for 72-hour evaluation and
treatment, the facility shall keep with the patient's medical record
a record of the advisement given pursuant to subdivision (h), which
shall include all of the following:
(1) The name of the person performing the advisement.
(2) The date of the advisement.
(3) Whether the advisement was completed.
(4) The language or modality used to communicate the advisement.
(5) If the advisement was not completed, a statement of good
cause.
SEC. 6. Section 5150.3 of the Welfare and Institutions Code is
repealed.
SEC. 7. Section 5151 of the Welfare and Institutions Code is
amended to read:
5151. If the facility for 72-hour treatment and evaluation admits
the person, it may detain him or her for evaluation and treatment
for a period not to exceed 72 hours. Saturdays, Sundays, and holidays
may be excluded from the 72-hour period if the State Department of
Health Care Services certifies for each facility that evaluation and
treatment services cannot reasonably be made available on those days.
The certification by the department is subject to renewal every two
years. The department shall adopt regulations defining criteria for
determining whether a facility can reasonably be expected to make
evaluation and treatment services available on Saturdays, Sundays,
and holidays.
Prior to admitting a person to the facility for 72-hour treatment
and evaluation pursuant to Section 5150, the professional person in
charge of the facility or his or her designee shall assess the
individual in person to determine the appropriateness of the
involuntary detention.
SEC. 8. Section 5156 of the Welfare and Institutions Code is
repealed.
SEC. 9. Section 5157 of the Welfare and Institutions Code is
repealed.
SEC. 10. 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.