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.








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          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.








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             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