BILL ANALYSIS Ó SB 585 Page 1 Date of Hearing: August 14, 2013 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair SB 585 (Steinberg and Correa) - As Amended: May 13, 2013 Policy Committee: HealthVote:15-3 Urgency: No State Mandated Local Program: No Reimbursable: No SUMMARY This bill clarifies which funds can be used to provide mental health services under the Assisted Outpatient Treatment Demonstration Project Act of 2002 (Laura's Law), and allows counties an additional means to authorize implementation of Laura's Law. Specifically, this bill: 1)Clarifies the following funds can be used to provide mental health services under Laura's Law: a) Funds distributed to the counties from the Mental Health Subaccount, the Mental Health Equity Subaccount, and the Vehicle License Collection Account of the Local Revenue Fund. b) Funds from the Mental Health Account and the Behavioral Health Subaccount within the Support Services Account of the Local Revenue Fund 2011. c) Funds from the Mental Health Services Fund (when included in county plans). d) Any other funds from which the Controller makes distributions to the counties for those purposes. 2)Allows counties to authorize implementation of Laura's Law through the county budget process. FISCAL EFFECT Negligible state fiscal effect. This bill makes an appropriation by authorizing a previously unspecified use for continuously appropriated Mental Health Services Act (MHSA) funds. However, the bill does not result in any increased funding or costs. SB 585 Page 2 COMMENTS 1)Rationale . According to the author, there is presently a lack of clarity as to whether certain funds can be used for mental health services provided under Laura's Law. This bill provides such clarity, while retaining the requirement that no voluntary services lose ground as the result of a county choosing to implement Laura's Law. In addition, this bill provides counties with the option to implement Laura's Law through their county budget process in order to provide additional flexibility for counties. 2)Background . Enacted in 2002, Laura's Law was named for Laura Wilcox, a 19-year-old college student in Nevada County who was killed by a severely mentally ill man who was not adhering to prescribed mental health treatment. Laura's Law permits counties to provide court-ordered outpatient treatment services for people with serious mental illness. To implement the order, a court must find that a person's recent history of hospitalizations or violent behavior, coupled with noncompliance with voluntary treatment, indicates the person is likely to become dangerous or gravely disabled without treatment. The intent of Laura's Law is to provide prevent deterioration among a small number of individuals who meet narrow eligibility criteria, in order to prevent the individuals from becoming gravely disabled or threatening. A county board of supervisors must pass a resolution in order to implement Laura's Law. To date, only Nevada County has done so. 3)Related Legislation . a) SB 664 (Yee), pending in the Senate Appropriations Committee, deletes the requirement under Laura's Law that county boards of supervisors must pass a resolution authorizing Laura's Law services and makes a finding that no voluntary mental health programs may be reduced as a result of Laura's Law implementation. b) AB 1265 (Conway), which failed passage in the Assembly Judiciary Committee and was granted reconsideration, increases the maximum period of imposed assisted outpatient treatment under Laura's Law from six months to one year. SB 585 Page 3 c) AB 1367 (Mansoor), pending in the Assembly Health Committee, clarifies that assisted outpatient treatment provided under Laura's Law may be provided pursuant to the MHSA and allows funding of local educational agencies for training to identify students with mental health issues that may result in a threat to themselves or others. 1)Previous Legislation . AB 1569 (Allen), Chapter 441, Statutes of 2012, delays the sunset on Laura's Law from January 1, 2013, to January 1, 2017. 2)Opposition/Concern . The National Alliance on Mental Illness, California (NAMI California) and the California Mental Health Directors Association (CMHDA) support the clarification of fund sources available to implement Laura's Law, but request that the bill be amended to delete the provision allowing implementation through the county budget process. Both groups are concerned that authorization through the budget process will reduce transparency and community involvement in the decision to implement Laura's Law. The California Psychological Association opposes the expansion of Laura's Law as well as the county budget provision. The Citizens Commission on Human Rights, which opposes drug-based treatments for mental health disorders broadly, opposes this bill, citing their belief it will result in human rights abuses. Analysis Prepared by : Lisa Murawski / APPR. / (916) 319-2081