BILL NUMBER: AB 59 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 6, 2015
AMENDED IN ASSEMBLY MARCH 9, 2015
INTRODUCED BY Assembly Member Waldron
(Coauthor: Assembly Member Olsen)
(Coauthors: Senators Hall and Huff)
DECEMBER 9, 2014
An act to amend Sections 5346, 5347, 5348, 5349, 5349.1, and
5349.5 of, and to add Section 5349.3 to, the Welfare and Institutions
Code, relating to mental health services.
LEGISLATIVE COUNSEL'S DIGEST
AB 59, as amended, Waldron. Mental health services: assisted
outpatient treatment.
Existing law, the Assisted Outpatient Treatment Demonstration
Project Act of 2002, known as Laura's Law, until January 1, 2017,
grants each county the authority to offer certain assisted outpatient
treatment services for their residents.
residents by adoption of a resolution or through the county budget
process and by making a finding that no mental health program, as
specified, may be reduced as a result of implementation. In
counties in which these assisted outpatient treatment services are
available, a court may order a person to receive assisted outpatient
treatment for an initial treatment period not to exceed 6 months
pursuant to an order if requisite criteria are met. Under that law,
participating counties are required to provide prescribed assisted
outpatient services, including a service planning and delivery
process, that are client-directed and employ psychosocial
rehabilitation and recovery principles. Existing law authorizes
participating counties to pay for the services provided from moneys
distributed to the counties from various continuously appropriated
funds, including the Local Revenue Fund and the Mental Health
Services Fund when included in a county plan, as specified.
This bill would delete the provisions that authorize a
county to participate in the program, and instead require each county
with available funding to implement the provisions of Laura's Law.
The bill would delete the January 1, 2017, repeal date of
those provisions, thereby extending the program
indefinitely. By imposing additional duties upon the counties to
implement these provisions, the bill would impose a state-mandated
local program. indefinitely, and would also delete the
finding requirement described above. The bill would also
authorize the court to order a person to obtain assisted outpatient
treatment for an initial period not to exceed 12 months if requisite
criteria are met.
Existing law, the Lanterman-Petris-Short Act, authorizes the
involuntary detention for a period of 72 hours for evaluation of
persons who are dangerous to self or others, or gravely disabled, as
defined. Existing law provides that if a person is detained for 72
hours or is under court order for evaluation and has received an
evaluation, he or she may be certified for not more than 14 days of
intensive treatment related to the mental disorder or impairment by
chronic alcoholism if certain conditions are met, as specified. Under
existing law, a person may be certified for intensive treatment for
an additional period of time if he or she remains gravely disabled or
unwilling or unable to accept voluntary treatment or if he or she is
suicidal, as specified, or may be confined for postcertification
treatment for up to 180 days if he or she has, among other things,
attempted or inflicted physical harm upon another person, as
specified.
This bill would, upon the release of a person from intensive
treatment or postcertification treatment described above, authorize
the professional staff of the agency or facility that provided the
treatment to evaluate whether the person meets the criteria for
assisted outpatient treatment. The bill would authorize the
professional staff to request the county mental health director to
file a petition in the superior court for assisted outpatient
treatment if that person meets that criteria.
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 no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5346 of the Welfare and Institutions Code is
amended to read:
5346. (a) In a county in which funding is available for
assisted outpatient treatment, In any county in which
services are available as provided in Section 5348, a court may
order a person who is the subject of a petition filed pursuant to
this section to obtain assisted outpatient treatment if the court
finds, by clear and convincing evidence, that the facts stated in the
verified petition filed in accordance with this section are true and
establish that all of the requisite criteria set forth in this
section are met, including, but not limited to, each of the
following:
(1) The person is 18 years of age or older.
(2) The person is suffering from a mental illness as defined in
paragraphs (2) and (3) of subdivision (b) of Section 5600.3.
(3) There has been a clinical determination that the person is
unlikely to survive safely in the community without supervision.
(4) The person has a history of lack of compliance with treatment
for his or her mental illness, in that at least one of the following
is true:
(A) The person's mental illness has, at least twice within the
last 36 months, been a substantial factor in necessitating
hospitalization, or receipt of services in a forensic or other mental
health unit of a state correctional facility or local correctional
facility, not including any period during which the person was
hospitalized or incarcerated immediately preceding the filing of the
petition.
(B) The person's mental illness has resulted in one or more acts
of serious and violent behavior toward himself or herself or another,
or threats, or attempts to cause serious physical harm to himself or
herself or another within the last 48 months, not including any
period in which the person was hospitalized or incarcerated
immediately preceding the filing of the petition.
(5) The person has been offered an opportunity to participate in a
treatment plan by the director of the local mental health
department, or his or her designee, provided the treatment plan
includes all of the services described in Section 5348, and the
person continues to fail to engage in treatment.
(6) The person's condition is substantially deteriorating.
(7) Participation in the assisted outpatient treatment program
would be the least restrictive placement necessary to ensure the
person's recovery and stability.
(8) In view of the person's treatment history and current
behavior, the person is in need of assisted outpatient treatment in
order to prevent a relapse or deterioration that would be likely to
result in grave disability or serious harm to himself or herself, or
to others, as defined in Section 5150.
(9) It is likely that the person will benefit from assisted
outpatient treatment.
(b) (1) A petition for an order authorizing assisted outpatient
treatment may be filed by the county mental health director, or his
or her designee, in the superior court in the county where the person
who is the subject of the petition is present or reasonably believed
to be present.
(2) A request may be made only by any of the following persons to
the county mental health department for the filing of a petition to
obtain an order authorizing assisted outpatient treatment:
(A) Any person 18 years of age or older with whom the person who
is the subject of the petition resides.
(B) Any person who is the parent, spouse, or sibling or child 18
years of age or older of the person who is the subject of the
petition.
(C) The director of any public or private agency, treatment
facility, charitable organization, or licensed residential care
facility providing mental health services to the person who is the
subject of the petition in whose institution the subject of the
petition resides.
(D) The director of a hospital in which the person who is the
subject of the petition is hospitalized.
(E) A licensed mental health treatment provider who is either
supervising the treatment of, or treating for a mental illness, the
person who is the subject of the petition.
(F) A peace officer, parole officer, or probation officer assigned
to supervise the person who is the subject of the petition.
(G) The professional staff of an agency or facility, as specified
in Section 5349.3.
(3) Upon receiving a request pursuant to paragraph (2), the county
mental health director shall conduct an investigation into the
appropriateness of filing the petition. The director shall file the
petition only if he or she determines that there is a reasonable
likelihood that all the necessary elements to sustain the petition
can be proven in a court of law by clear and convincing evidence.
(4) The petition shall state all of the following:
(A) Each of the criteria for assisted outpatient treatment as set
forth in subdivision (a).
(B) Facts that support the petitioner's belief that the person who
is the subject of the petition meets each criterion, provided that
the hearing on the petition shall be limited to the stated facts in
the verified petition, and the petition contains all the grounds on
which the petition is based, in order to ensure adequate notice to
the person who is the subject of the petition and his or her counsel.
(C) That the person who is the subject of the petition is present,
or is reasonably believed to be present, within the county where the
petition is filed.
(D) That the person who is the subject of the petition has the
right to be represented by counsel in all stages of the proceeding
under the petition, in accordance with subdivision (c).
(5) The petition shall be accompanied by an affidavit of a
licensed mental health treatment provider designated by the local
mental health director who shall state, if applicable, either of the
following:
(A) That the licensed mental health treatment provider has
personally examined the person who is the subject of the petition no
more than 10 days prior to the submission of the petition, the facts
and reasons why the person who is the subject of the petition meets
the criteria in subdivision (a), that the licensed mental health
treatment provider recommends assisted outpatient treatment for the
person who is the subject of the petition, and that the licensed
mental health treatment provider is willing and able to testify at
the hearing on the petition.
(B) That no more than 10 days prior to the filing of the petition,
the licensed mental health treatment provider, or his or her
designee, has made appropriate attempts to elicit the cooperation of
the person who is the subject of the petition, but has not been
successful in persuading that person to submit to an examination,
that the licensed mental health treatment provider has reason to
believe that the person who is the subject of the petition meets the
criteria for assisted outpatient treatment, and that the licensed
mental health treatment provider is willing and able to examine the
person who is the subject of the petition and testify at the hearing
on the petition.
(c) The person who is the subject of the petition shall have the
right to be represented by counsel at all stages of a proceeding
commenced under this section. If the person so elects, the court
shall immediately appoint the public defender or other attorney to
assist the person in all stages of the proceedings. The person shall
pay the cost of the legal services if he or she is able.
(d) (1) Upon receipt by the court of a petition submitted pursuant
to subdivision (b), the court shall fix the date for a hearing at a
time not later than five business days from the date the petition is
received by the court. The petitioner shall promptly cause service of
a copy of the petition, together with written notice of the hearing
date, to be made personally on the person who is the subject of the
petition, and shall send a copy of the petition and notice to the
county office of patient rights, and to the current health care
provider appointed for the person who is the subject of the petition,
if that provider is known to the petitioner. Continuances shall be
permitted only for good cause shown. In granting continuances, the
court shall consider the need for further examination by a physician
or the potential need to provide expeditiously assisted outpatient
treatment. Upon the hearing date, or upon any other date or dates to
which the proceeding may be continued, the court shall hear
testimony. If it is deemed advisable by the court, and if the person
who is the subject of the petition is available and has received
notice pursuant to this section, the court may examine in or out of
court the person who is the subject of the petition who is alleged to
be in need of assisted outpatient treatment. If the person who is
the subject of the petition does not appear at the hearing, and
appropriate attempts to elicit the attendance of the person have
failed, the court may conduct the hearing in the person's absence. If
the hearing is conducted without the person present, the court shall
set forth the factual basis for conducting the hearing without the
person's presence.
(2) The court shall not order assisted outpatient treatment unless
an examining licensed mental health treatment provider, who has
personally examined, and has reviewed the available treatment history
of, the person who is the subject of the petition within the time
period commencing 10 days before the filing of the petition,
testifies in person at the hearing.
(3) If the person who is the subject of the petition has refused
to be examined by a licensed mental health treatment provider, the
court may request that the person consent to an examination by a
licensed mental health treatment provider appointed by the court. If
the person who is the subject of the petition does not consent and
the court finds reasonable cause to believe that the allegations in
the petition are true, the court may order a person designated under
Section 5150 to take into custody the person who is the subject of
the petition and transport him or her, or cause him or her to be
transported, to a hospital for examination by a licensed mental
health treatment provider as soon as is practicable. Detention of the
person who is the subject of the petition under the order may not
exceed 72 hours. If the examination is performed by another licensed
mental health treatment provider, the examining licensed mental
health treatment provider may consult with the licensed mental health
treatment provider whose affirmation or affidavit accompanied the
petition regarding the issues of whether the allegations in the
petition are true and whether the person meets the criteria for
assisted outpatient treatment.
(4) The person who is the subject of the petition shall have all
of the following rights:
(A) To adequate notice of the hearings to the person who is the
subject of the petition, as well as to parties designated by the
person who is the subject of the petition.
(B) To receive a copy of the court-ordered evaluation.
(C) To counsel. If the person has not retained counsel, the court
shall appoint a public defender.
(D) To be informed of his or her right to judicial review by
habeas corpus.
(E) To be present at the hearing unless he or she waives the right
to be present.
(F) To present evidence.
(G) To call witnesses on his or her behalf.
(H) To cross-examine witnesses.
(I) To appeal decisions, and to be informed of his or her right to
appeal.
(5) (A) If after hearing all relevant evidence, the court finds
that the person who is the subject of the petition does not meet the
criteria for assisted outpatient treatment, the court shall dismiss
the petition.
(B) If after hearing all relevant evidence, the court finds that
the person who is the subject of the petition meets the criteria for
assisted outpatient treatment, and there is no appropriate and
feasible less restrictive alternative, the court may order the person
who is the subject of the petition to receive assisted outpatient
treatment for an initial period not to exceed 12 months. In
fashioning the order, the court shall specify that the proposed
treatment is the least restrictive treatment appropriate and feasible
for the person who is the subject of the petition. The order shall
state the categories of assisted outpatient treatment, as set forth
in Section 5348, that the person who is the subject of the petition
is to receive, and the court may not order treatment that has not
been recommended by the examining licensed mental health treatment
provider and included in the written treatment plan for assisted
outpatient treatment as required by subdivision (e). If the person
has executed an advance health care directive pursuant to Chapter 2
(commencing with Section 4650) of Part 1 of Division 4.7 of the
Probate Code, any directions included in the advance health care
directive shall be considered in formulating the written treatment
plan.
(6) If the person who is the subject of a petition for an order
for assisted outpatient treatment pursuant to subparagraph (B) of
paragraph (5) refuses to participate in the assisted outpatient
treatment program, the court may order the person to meet with the
assisted outpatient treatment team designated by the director of the
assisted outpatient treatment program. The treatment team shall
attempt to gain the person's cooperation with treatment ordered by
the court. The person may be subject to a 72-hour hold pursuant to
subdivision (f) only after the treatment team has attempted to gain
the person's cooperation with treatment ordered by the court, and has
been unable to do so.
(e) Assisted outpatient treatment shall not be ordered unless the
licensed mental health treatment provider recommending assisted
outpatient treatment to the court has submitted to the court a
written treatment plan that includes services as set forth in Section
5348, and the court finds, in consultation with the county mental
health director, or his or her designee, all of the following:
(1) That the services are available from the county, or a provider
approved by the county, for the duration of the court order.
(2) That the services have been offered to the person by the local
director of mental health, or his or her designee, and the person
has been given an opportunity to participate on a voluntary basis,
and the person has failed to engage in, or has refused, treatment.
(3) That all of the elements of the petition required by this
article have been met.
(4) That the treatment plan will be delivered to the county
director of mental health, or to his or her appropriate designee.
(f) If, in the clinical judgment of a licensed mental health
treatment provider, the person who is the subject of the petition has
failed or has refused to comply with the treatment ordered by the
court, and, in the clinical judgment of the licensed mental health
treatment provider, efforts were made to solicit compliance, and, in
the clinical judgment of the licensed mental health treatment
provider, the person may be in need of involuntary admission to a
hospital for evaluation, the provider may request that persons
designated under Section 5150 take into custody the person who is the
subject of the petition and transport him or her, or cause him or
her to be transported, to a hospital, to be held up to 72 hours for
examination by a licensed mental health treatment provider to
determine if the person is in need of treatment pursuant to Section
5150. Continued involuntary retention in a hospital beyond the
initial 72-hour period shall be pursuant to Section 5250. If at any
time during the 72-hour period the person is determined not to meet
the criteria of Section 5150, and does not agree to stay in the
hospital as a voluntary patient, he or she shall be released and any
subsequent involuntary detention in a hospital shall be pursuant to
Section 5150. Failure to comply with an order of assisted outpatient
treatment alone may not be grounds for involuntary civil commitment
or a finding that the person who is the subject of the petition is in
contempt of court.
(g) If the director of the assisted outpatient treatment program
determines that the condition of the patient requires further
assisted outpatient treatment, the director shall apply to the court,
prior to the expiration of the period of the initial assisted
outpatient treatment order, for an order authorizing continued
assisted outpatient treatment for a period not to exceed 180 days
from the date of the order. The procedures for obtaining an order
pursuant to this subdivision shall be in accordance with subdivisions
(a) to (f), inclusive. The period for further involuntary outpatient
treatment authorized by a subsequent order under this subdivision
may not exceed 180 days from the date of the order.
(h) At intervals of not less than 60 days during an assisted
outpatient treatment order, the director of the outpatient treatment
program shall file an affidavit with the court that ordered the
outpatient treatment affirming that the person who is the subject of
the order continues to meet the criteria for assisted outpatient
treatment. At these times, the person who is the subject of the order
shall have the right to a hearing on whether or not he or she still
meets the criteria for assisted outpatient treatment if he or she
disagrees with the director's affidavit. The burden of proof shall be
on the director.
(i) During each 60-day period specified in subdivision (h), if the
person who is the subject of the order believes that he or she is
being wrongfully retained in the assisted outpatient treatment
program against his or her wishes, he or she may file a petition for
a writ of habeas corpus, thus requiring the director of the assisted
outpatient treatment program to prove that the person who is the
subject of the order continues to meet the criteria for assisted
outpatient treatment.
(j) Any person ordered to undergo assisted outpatient treatment
pursuant to this article, who was not present at the hearing at which
the order was issued, may immediately petition the court for a writ
of habeas corpus. Treatment under the order for assisted outpatient
treatment may not commence until the resolution of that petition.
SEC. 2. Section 5347 of the Welfare and Institutions Code is
amended to read:
5347. (a) In a county in which funding is available for
assisted outpatient treatment, In any county in which
services are avail able pursuant to Section 5348, a
person who is determined by the court to be subject to subdivision
(a) of Section 5346 may voluntarily enter into an agreement for
services under this section.
(b) (1) After a petition for an order for assisted outpatient
treatment is filed, but before the conclusion of the hearing on the
petition, the person who is the subject of the petition, or the
person's legal counsel with the person's consent, may waive the right
to an assisted outpatient treatment hearing for the purpose of
obtaining treatment under a settlement agreement, if an examining
licensed mental health treatment provider states that the person can
survive safely in the community. The settlement agreement may not
exceed 180 days in duration and shall be agreed to by all parties.
(2) The settlement agreement shall be in writing, shall be
approved by the court, and shall include a treatment plan developed
by the community-based program that will provide services that
provide treatment in the least restrictive manner consistent with the
needs of the person who is the subject of the petition.
(3) Either party may request that the court modify the treatment
plan at any time during the 180-day period.
(4) The court shall designate the appropriate county department to
monitor the person's treatment under, and compliance with, the
settlement agreement. If the person fails to comply with the
treatment according to the agreement, the designated county
department shall notify the counsel designated by the county and the
person's counsel of the person's noncompliance.
(5) A settlement agreement approved by the court pursuant to this
section shall have the same force and effect as an order for assisted
outpatient treatment pursuant to Section 5346.
(6) At a hearing on the issue of noncompliance with the agreement,
the written statement of noncompliance submitted shall be prima
facie evidence that a violation of the conditions of the agreement
has occurred. If the person who is the subject of the petition denies
any of the facts as stated in the statement, he or she has the
burden of proving by a preponderance of the evidence that the alleged
facts are false.
SEC. 3. Section 5348 of the Welfare and Institutions Code is
amended to read:
5348. (a) Each county with available funding
For purposes of subdivisi on (e) of Section 5346, a
county that chooses to provide assisted outpatient treatment services
pursuant to this article shall offer assisted outpatient
treatment services, including, but not limited to, all of the
following:
(1) Community-based, mobile, multidisciplinary, highly trained
mental health teams that use high staff-to-client ratios of no more
than 10 clients per team member for those subject to court-ordered
services pursuant to Section 5346.
(2) A service planning and delivery process that includes the
following:
(A) Determination of the numbers of persons to be served and the
programs and services that will be provided to meet their needs. The
local director of mental health shall consult with the sheriff, the
police chief, the probation officer, the mental health board,
contract agencies, and family, client, ethnic, and citizen
constituency groups as determined by the director.
(B) Plans for services, including outreach to families whose
severely mentally ill adult is living with them, design of mental
health services, coordination and access to medications, psychiatric
and psychological services, substance abuse services, supportive
housing or other housing assistance, vocational rehabilitation, and
veterans' services. Plans shall also contain evaluation strategies,
which shall consider cultural, linguistic, gender, age, and special
needs of minorities and those based on any characteristic listed or
defined in Section 11135 of the Government Code in the target
populations. Provision shall be made for staff with the cultural
background and linguistic skills necessary to remove barriers to
mental health services as a result of having limited-English-speaking
ability and cultural differences. Recipients of outreach services
may include families, the public, primary care physicians, and others
who are likely to come into contact with individuals who may be
suffering from an untreated severe mental illness who would be likely
to become homeless if the illness continued to be untreated for a
substantial period of time. Outreach to adults may include adults
voluntarily or involuntarily hospitalized as a result of a severe
mental illness.
(C) Provision for services to meet the needs of persons who are
physically disabled.
(D) Provision for services to meet the special needs of older
adults.
(E) Provision for family support and consultation services,
parenting support and consultation services, and peer support or
self-help group support, if appropriate.
(F) Provision for services to be client-directed and that employ
psychosocial rehabilitation and recovery principles.
(G) Provision for psychiatric and psychological services that are
integrated with other services and for psychiatric and psychological
collaboration in overall service planning.
(H) Provision for services specifically directed to seriously
mentally ill young adults 25 years of age or younger who are homeless
or at significant risk of becoming homeless. These provisions may
include continuation of services that still would be received through
other funds had eligibility not been terminated as a result of age.
(I) Services reflecting special needs of women from diverse
cultural backgrounds, including supportive housing that accepts
children, personal services coordinator therapeutic treatment, and
substance abuse treatment programs that address gender-specific
trauma and abuse in the lives of persons with mental illness, and
vocational rehabilitation programs that offer job training programs
free of gender bias and sensitive to the needs of women.
(J) Provision for housing for clients that is immediate,
transitional, permanent, or all of these.
(K) Provision for clients who have been suffering from an
untreated severe mental illness for less than one year, and who do
not require the full range of services, but are at risk of becoming
homeless unless a comprehensive individual and family support
services plan is implemented. These clients shall be served in a
manner that is designed to meet their needs.
(3) Each client shall have a clearly designated mental health
personal services coordinator who may be part of a multidisciplinary
treatment team who is responsible for providing or assuring needed
services. Responsibilities include complete assessment of the client'
s needs, development of the client's personal services plan, linkage
with all appropriate community services, monitoring of the quality
and followthrough of services, and necessary advocacy to ensure each
client receives those services that are agreed to in the personal
services plan. Each client shall participate in the development of
his or her personal services plan, and responsible staff shall
consult with the designated conservator, if one has been appointed,
and, with the consent of the client, shall consult with the family
and other significant persons as appropriate.
(4) The individual personal services plan shall ensure that
persons subject to assisted outpatient treatment programs receive
age-appropriate, gender-appropriate, and culturally appropriate
services, to the extent feasible, that are designed to enable
recipients to:
(A) Live in the most independent, least restrictive housing
feasible in the local community, and, for clients with children, to
live in a supportive housing environment that strives for
reunification with their children or assists clients in maintaining
custody of their children as is appropriate.
(B) Engage in the highest level of work or productive activity
appropriate to their abilities and experience.
(C) Create and maintain a support system consisting of friends,
family, and participation in community activities.
(D)
Access an appropriate level of academic education or vocational
training.
(E) Obtain an adequate income.
(F) Self-manage their illnesses and exert as much control as
possible over both the day-to-day and long-term decisions that affect
their lives.
(G) Access necessary physical health care and maintain the best
possible physical health.
(H) Reduce or eliminate serious antisocial or criminal behavior,
and thereby reduce or eliminate their contact with the criminal
justice system.
(I) Reduce or eliminate the distress caused by the symptoms of
mental illness.
(J) Have freedom from dangerous addictive substances.
(5) The individual personal services plan shall describe the
service array that meets the requirements of paragraph (4), and to
the extent applicable to the individual, the requirements of
paragraph (2).
(b) A county that provides assisted outpatient treatment services
pursuant to this article also shall offer the same services on a
voluntary basis.
(c) Involuntary medication shall not be allowed absent a separate
order by the court pursuant to Sections 5332 to 5336, inclusive.
(d) A county with available funding that
operates an assisted outpatient treatment program pursuant to this
article shall provide data to the State Department of Health
Care Services and, based on the data, the department shall report to
the Legislature on or before May 1 of each year regarding the
services the county provides pursuant to this article. The report
shall include, at a minimum, an evaluation of the effectiveness of
the strategies employed by each program operated pursuant to this
article in reducing homelessness and hospitalization of persons in
the program and in reducing involvement with local law enforcement by
persons in the program. The evaluation and report shall also include
any other measures identified by the department regarding persons in
the program and all of the following, based on information that is
available:
(1) The number of persons served by the program and, of those, the
number who are able to maintain housing and the number who maintain
contact with the treatment system.
(2) The number of persons in the program with contacts with local
law enforcement, and the extent to which local and state
incarceration of persons in the program has been reduced or avoided.
(3) The number of persons in the program participating in
employment services programs, including competitive employment.
(4) The days of hospitalization of persons in the program that
have been reduced or avoided.
(5) Adherence to prescribed treatment by persons in the program.
(6) Other indicators of successful engagement, if any, by persons
in the program.
(7) Victimization of persons in the program.
(8) Violent behavior of persons in the program.
(9) Substance abuse by persons in the program.
(10) Type, intensity, and frequency of treatment of persons in the
program.
(11) Extent to which enforcement mechanisms are used by the
program, when applicable.
(12) Social functioning of persons in the program.
(13) Skills in independent living of persons in the program.
(14) Satisfaction with program services both by those receiving
them and by their families, when relevant.
SEC. 4. Section 5349 of the Welfare and
Institutions Code is amended to read:
5349. To the extent otherwise permitted under state and federal
law, counties may pay for the provision of services under Sections
5347 and 5348 using 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, funds
from the Mental Health Account and the Behavioral Health Subaccount
within the Support Services Account of the Local Revenue Fund 2011,
funds from the Mental Health Services Fund when included in county
plans pursuant to Section 5847, and any other funds from which the
Controller makes distributions to the counties for those purposes.
Compliance with this section shall be monitored by the State
Department of Health Care Services as part of its review and approval
of county performance contracts.
SEC. 4. Section 5349 of the Welfare and
Institutions Code is amended to read:
5349. This article shall be operative in those counties in which
the county board of supervisors, by resolution or through the county
budget process, authorizes its application and makes a
finding that no voluntary mental health program serving adults, and
no children's mental health program, may be reduced as a result of
the implementation of this article. application.
To the extent otherwise permitted under state and federal law,
counties that elect to implement this article may pay for the
provision of services under Sections 5347 and 5348 using 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, funds from the Mental Health
Account and the Behavioral Health Subaccount within the Support
Services Account of the Local Revenue Fund 2011, funds from the
Mental Health Services Fund when included in county plans pursuant to
Section 5847, and any other funds from which the Controller makes
distributions to the counties for those purposes. Compliance with
this section shall be monitored by the State Department of Health
Care Services as part of its review and approval of county
performance contracts.
SEC. 5. Section 5349.1 of the Welfare and Institutions Code is
amended to read:
5349.1. (a) Counties with available funding
that elect to implement this article shall, in
consultation with the State Department of Health Care Services,
client and family advocacy organizations, and other stakeholders,
develop a training and education program for purposes of improving
the delivery of services to mentally ill individuals who are, or who
are at risk of being, involuntarily committed under this part. This
training shall be provided to mental health treatment providers
contracting with participating counties and to other individuals,
including, but not limited to, mental health professionals, law
enforcement officials, and certification hearing officers involved in
making treatment and involuntary commitment decisions.
(b) The training shall include both of the following:
(1) Information relative to legal requirements for detaining a
person for involuntary inpatient and outpatient treatment, including
criteria to be considered with respect to determining if a person is
considered to be gravely disabled.
(2) Methods for ensuring that decisions regarding involuntary
treatment as provided for in this part direct patients toward the
most effective treatment. Training shall include an emphasis on each
patient's right to provide informed consent to assistance.
SEC. 6. Section 5349.3 is added to the Welfare and Institutions
Code, to read:
5349.3. (a) Upon the release of a person from involuntary
treatment pursuant to Section 5257, 5264, 5270.35, or 5304, the
professional staff of the agency or facility that provided that
treatment may evaluate whether that person meets the criteria
established in subdivision (a) of Section 5346 for assisted
outpatient treatment.
(b) If that person meets the criteria in subdivision (a) of
Section 5346, the professional staff of the agency or facility may
request the county mental health director, or his or her designee, to
file a petition in the superior court pursuant to subdivision (b) of
Section 5346 for assisted outpatient treatment.
SEC. 7. Section 5349.5 of the Welfare and Institutions Code is
amended to read:
5349.5. The State Department of Health Care Services shall submit
a report and evaluation of all counties providing assisted
outpatient treatment pursuant to implementing any
component of this article to the Governor and to the
Legislature by July 1, 2015. The evaluation shall include data
described in subdivision (d) of Section 5348.
SEC. 8. To the extent that this act has an
overall effect of increasing the costs already borne by a local
agency for programs or levels of service mandated by the 2011
Realignment Legislation within the meaning of Section 36 of Article
XIII of the California Constitution, it shall apply to local agencies
only to the extent that the state provides annual funding for the
cost increase. Any new program or higher level of service provided by
a local agency pursuant to this act above the level for which
funding has been provided shall not require a subvention of funds by
the state nor otherwise be subject to Section 6 of Article XIII B of
the California Constitution.