BILL NUMBER: SB 364 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 24, 2013
AMENDED IN SENATE MAY 7, 2013
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, 5151, and 5259.3 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 , among other things .
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 city or 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 and substance use
disorders and substance abuse in the city or
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 a facility for evaluation and
treatment to take custody of a person for this
purpose, but would remove that ability for a designated member of a
mobile crisis team purpose. The bill would require
that if the probable cause to place the person in a facility for
evaluation and treatment is based on the statement of a pe
rson 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 be documented and provided to
the person being detained, as specified . 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 ,
and would require that the facility keep a record of the advisement.
By requiring local mental health facilities to provide and maintain
this additional information, 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 and Part 1.5 (commencing
with Section 5585) shall be construed to promote the
legislative intent as follows:
(a) To end the inappropriate, indefinite, and involuntary
commitment of persons with 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 , which includes
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 superior 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
and treatment .
(d) "Referral" is referral of persons by each agency or facility
providing intensive treatment or assessment,
evaluation , crisis intervention, or treatment
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 or city mental health departments, state
hospitals under the jurisdiction of the State Department of
State Hospitals, Short-Doyle programs,
regional centers under contract with the State Department of
Developmental Services, or other local agencies
public or private entities .
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 city or county mental health
department's Internet Web site department is
encouraged to include on its Internet Web site a current
list of ambulatory services and other resources for persons with
mental health disorders and substance abuse
use disorders in the city or 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 city or county mental health
department .
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 a facility designated by the
county for evaluation and treatment , member of the
attending staff, as defined by regulation, of an evaluation
a facility designated by the county for
evaluation and treatment , designated members of a mobile
crisis team, 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 for evaluation and treatment in a facility
designated by the county as a facility for 72-hour
evaluation and treatment. These facilities shall be licensed or
certified as mental health treatment facilities or hospitals, as
defined in subdivision (a) or (b) of Section 1250 of the Health and
Safety Code, by the State Department of Health Care Services or the
State Department of Public Health , and may include, but are not
limited to, licensed psychiatric hospitals, licensed psychiatric
health facilities, and certified crisis stabilization units .
Assessment, as defined in Section 5150.4, and
evaluation , as defined in subdivision (a) of Section 5008,
and crisis intervention, as defined in subdivisions
(a) and subdivision (e) of Section 5008, may be
provided by a professional person in charge of an evaluation
a facility designated by the county for
evaluation and treatment, a member of the attending staff , or
by a professional person designated by the county.
(b) The professional person in charge of a facility
designated by the county for evaluation and treatment, member of the
attending staff, or professional person designated by the county
shall assess the person to determine whether he or she can be
properly served without being detained. 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 for evaluation
and treatment, or his or her designee member
of the attending staff, or professional person designated by the
county , 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
subdivision 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 for evaluation or
treatment, member of the attending staff, or professional person
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 subdivision (b) 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, professional person in charge of
the facility designated by the county for evaluation and treatment,
member of the attending staff, or 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,
professional person in charge of the facility designated by the
county for evaluation and treatment, member of the attending
staff, or professional person designated by the
county , and stating that the peace officer, professional
person in charge of the facility designated by the county for
evaluation and treatment, member of the attending staff, or
professional person designated by the county 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, professional person in charge of
the facility designated by the county for evaluation and treatment,
member of the attending staff, or professional person
designated by the county , 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.
(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.
(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 Health Care Services.
(h) (1) Each person admitted to a designated
facility designated by the county for evaluation and
treatment shall be given the following information by admission staff
at the evaluation unit of the facility
. 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
primary means of communication. Accommodations for other
disabilities that may impact affect
communication shall also be made provided
. The information shall be in substantially the following form:
My name is ____________________________________.
My position here is____________________________.
You are being placed into th e is
psychiatric unit
facility because it is our professional opinion
that, as
that, as a result of a mental health disorder,
you are
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 fe b el ieve this is
true because
________________________________________________
(list of the facts upon which the allegation of
dangerous
or gravely disabled due to mental disorder is
or gravely disabled due to mental health
disorder is based,
including pertinent
facts arising from the admission interview).
You will be held for a period up to 72 hours.
During the 72 hours you may also be transferred
to another facility. You may request to be
treated at a facility of your choice. You will
be given a choice of treatment providers.
However, while we make an effort to honor
these requests, we cannot guarantee that you
will be treated by a specific facility or
evaluated or treated at a facility of your
choice. You may request to be evaluated or
treated by a mental health professional of your
choice. We cannot guarantee the facility or
mental health professional you choose will be
available, but we will honor your choice if we
provider can .
During these 72 hours you will be evaluated by
the hospit f a ci l
ity 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)
Your 72-hour period began _____________.
(date/time)
(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: be informed
of this fact.
The 72-hour period does not include weekends or
holidays. Your 72-hour period began
_____________.
(date/time)
(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
designated by the county for evaluation and
treatment 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. Section 5259.3 of the Welfare and Institutions Code is
amended to read:
5259.3. (a) Notwithstanding Section 5113, if the provisions of
Section 5257 have been met, the professional person in charge of the
facility providing intensive treatment, his or her designee, the
professional person designated by the county, the medical director of
the facility or his or her designee described in Section 5257, the
psychiatrist directly responsible for the person's treatment, or the
psychologist shall not be held civilly or criminally liable for any
action by a person released before the end of 14 days pursuant to
this article.
(b) The professional person in charge of the facility providing
intensive treatment, his or her designee, the professional person
designated by the county, the medical director of the facility or his
or her designee described in Section 5257, the psychiatrist directly
responsible for the person's treatment, or the psychologist shall
not be held civilly or criminally liable for any action by a person
released at the end of the 14 days pursuant to this article.
(c) The attorney or advocate representing the person, the
court-appointed commissioner or referee, the certification review
hearing officer conducting the certification review hearing, and the
peace officer responsible for the detainment of the person shall not
be civilly or criminally liable for any action by a person released
at or before the end of 14 days pursuant to this article.
(d) The amendments to this section made by Assembly Bill 348 of
the 2003-04 Regular Session shall not be construed to revise or
expand the scope of practice of psychologists, as defined in Chapter
6.6 (commencing with Section 2900) of Division 2 of the Business and
Professions Code.
SEC. 11. 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.