BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 364
Author: Steinberg (D)
Amended: 8/15/13
Vote: 21
SENATE HEALTH COMMITTEE : 7-1, 4/24/13
AYES: Hernandez, Beall, De Le�n, DeSaulnier, Nielsen, Pavley,
Wolk
NOES: Anderson
NO VOTE RECORDED: Monning
SENATE JUDICIARY COMMITTEE : 6-1, 4/30/13
AYES: Evans, Walters, Corbett, Jackson, Leno, Monning
NOES: Anderson
SENATE APPROPRIATIONS COMMITTEE : 6-0, 5/20/13
AYES: De Le�n, Walters, Gaines, Hill, Padilla, Steinberg
NO VOTE RECORDED: Lara
SENATE FLOOR : 39-0, 5/28/13
AYES: Anderson, Beall, Berryhill, Block, Calderon, Cannella,
Corbett, Correa, De Le�n, DeSaulnier, Emmerson, Evans, Fuller,
Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff,
Jackson, Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen,
Padilla, Pavley, Price, Roth, Steinberg, Torres, Walters,
Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Vacancy
ASSEMBLY FLOOR : 77-0, 9/3/13 - See last page for vote
SUBJECT : Mental health
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SOURCE : Author
DIGEST : This bill broadens the types of facilities that can
be used for purposes of a 72-hour treatment and evaluation under
Welfare and Institutions Code Section 5150 of the
Lanterman-Petris-Short Act (LPS Act) for individuals with a
mental health disorder to include facilities licensed or
certified as mental health treatment facilities by the
Department of Health Care Services (DHCS) or the Department of
Public Health (DPH). Permits county mental health directors to
develop procedures for the designation and training of
professionals who will be designated to perform functions under
Section 5150.
Assembly Amendments make numerous clarifying and technical
changes including adding the definition of "designated facility"
and "facility designated by the county for evaluation and
treatment."
ANALYSIS :
Existing law:
1. Provides, under the LPS Act, for the involuntary commitment
and treatment of individuals with specified mental disorders
and for the protection of committed individuals.
2. States legislative intent regarding the LPS Act, which
includes ending inappropriate, indefinite, and involuntary
commitment of mentally disordered persons, developmentally
disabled persons, and persons impaired by chronic alcoholism,
and eliminating legal disabilities and protecting mentally
disordered persons and developmentally disabled persons.
3. Authorizes, under Section 5150 of the LPS Act, a peace
officer, member of the attending staff of an evaluation
facility designated by the county, or other professional
person designated by the county, upon probable cause, to take
a person with a mental disorder who is a danger to
himself/herself, a danger to others, or who is gravely
disabled, into custody and place him/her in a facility
designated by the county and approved as a facility for
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72-hour treatment and evaluation.
4. Requires a person who is taking into custody for a 72-hour
treatment and evaluation to be provided specified information
orally, and requires a person who is admitted for a 72-hour
evaluation and treatment to be provided specified
information.
This bill:
1. Allows a county mental health director to develop procedures
for the designation and training of professionals who perform
5150 functions, including license types, practice
disciplines, clinical experience, training and testing
requirements, application and approval processes, and
monitoring and reviewing processes.
2. Requires 5150-designated facilities to be licensed or
certified as mental health treatment facilities or hospitals,
as defined, and specifies that 5150-designated facilities may
include, but are not limited to, licensed psychiatric
hospitals, licensed psychiatric health facilities, and
certified crisis stabilization units.
3. Creates the option, in addition to placement for evaluation
and treatment in a designated facility, for a person who is a
danger to self or others or gravely disabled to be taken into
custody for up to 72 hours for assessment, evaluation, and
crisis intervention. Requires assessment and evaluation to
be conducted and provided on an ongoing basis and specifies
that crisis intervention may be provided concurrently with
other services.
4. Requires individuals to be provided evaluation, crisis
intervention, or other inpatient or outpatient services on a
voluntary basis if an assessment yields a determination that
a person can be properly served without being detained.
5. Requires a person, at the time he/she takes another person
into custody under the 5150 process, to provide currently
required oral advisements in a language or modality
accessible to the person and record documentation of that
language or modality and makes other minor changes to
required oral advisements.
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6. Requires the information given upon 72-hour admission to
include various advisements: a person may request a facility
or treating professional of his/her choice; a person can
contact the county's Patients' Rights Advocate if they have
questions about their legal rights; and a statement if
weekends and holidays will be excluded from the 72-hour
period.
7. Requires 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 to assess the person to determine whether he/she
can be properly served without being detained.
8. Encourages each city or county mental health department to
include on its Web site a current list, updated annually, of
local ambulatory services and other resources for persons
with mental health disorders and substance use disorders.
9. Makes numerous minor, clarifying, technical, and
terminological changes.
Background
5150 of the LPS Act . Section 5150 law allows peace officers,
members of the attending staff of an evaluation facility
designated by the county, or other professional persons
designated by the county, to take an individual into custody if
they believe that, due to a mental disorder, an individual is:
A. A danger to himself/herself;
B. A danger to others; or
C. Gravely disabled.
Under existing law, the person taking an individual into custody
must take reasonable precautions to safeguard their property,
advise the individual that this is not a criminal arrest, allow
the individual to gather some personal things to bring with
them, and make a phone call. The professional staff of the
county designated facility may detain the individual for up to
72 hours if the staff finds that the individual meets the 5150
criteria. The individual must be given written notice of why
he/she is being held, and must be evaluated. The evaluation
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consists of a multidisciplinary analysis of the individual's
medical, psychological, educational, social, financial and legal
situation.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Assembly Appropriations Committee, negligible
state fiscal effect.
SUPPORT : (Verified 9/3/13)
California Mental Health Directors Association
Disabilities Rights California
National Alliance on Mental Illness California
Superior Court of California of the Counties of Santa Clara, San
Francisco and Kern
Urban Counties Caucus
OPPOSITION : (Verified 9/3/13)
California American College of Emergency Physicians
California Psychiatric Association
Citizens Commission on Human Rights
ARGUMENTS IN SUPPORT : According to Disability Rights
California, this bill clarifies provisions of the LPS Act,
ensures people have access to services in the most appropriate
setting and protects clients' rights. It makes changes to the
legislative intent portions of the LPS Act related to consistent
treatment and least restrictive environment. It encourages
counties to serve people on a voluntary basis, even after being
placed on a custodial hold. It encourages counties to develop
training programs for designated staff about the LPS Act, which
will help ensure people with mental health disabilities are
treated appropriately and in least restrictive environments.
ASSEMBLY FLOOR : 77-0, 9/3/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Gray, Grove, Hagman, Harkey, Roger Hern�ndez, Holden, Jones,
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Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin,
Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea,
V. Manuel P�rez, Quirk, Quirk-Silva, Rendon, Salas, Skinner,
Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Hall, Vacancy, Vacancy
JL:k 9/3/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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