BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:   April 28, 2015


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          AB 59  
          (Waldron) - As Amended April 20, 2015


          SUBJECT:  MENTAL HEALTH SERVICES: ASSISTED OUTPATIENT TREATMENT


          KEY ISSUES: 


          1)SHOULD THE JANUARY 1, 2017, DATE, WHEN THE INVOLUNTARY  
            ASSISTED OUTPATIENT MENTAL HEALTH TREATMENT PROGRAM  
            DEMONSTRATION PROJECT (AOT) IS SCHEDULED BY STATUTE TO EXPIRE,  
            BE DELETED SO THAT INVOLUNTARY OUTPATIENT MENTAL HEALTH  
            TREATMENT WOULD BE AUTHORIZED FOR AN INDEFINITE PERIOD IN ALL  
            COUNTIES OF THE STATE, DESPITE LACK OF EMPIRICAL OR SCIENTIFIC  
            EVIDENCE TO SUPPORT SUCH A CHANGE?


          2)SHOULD THE REQUIREMENT FOR ANY COUNTY THAT ELECTS TO OFFER AOT  
            TO MAKE A FINDING, PRIOR TO AUTHORIZING AOT, THAT OTHER MENTAL  
            HEALTH PROGRAMS, INCLUDING BUT NOT LIMITED TO CHILDREN'S  
            MENTAL HEALTH PROGRAMS, WILL NOT BE REDUCED AS A RESULT OF THE  
            IMPLEMENTATION OF AOT BE ELIMINATED?  


          3)SHOULD THE PROFESSIONAL STAFF OF AN AGENCY OR FACILITY THAT  
            PROVIDES A PERSON WITH INVOLUNTARY INPATIENT TREATMENT BE  
            AUTHORIZED, AFTER THE PERSON HAS BEEN RELEASED FROM THAT  
            INPATIENT INVOLUNTARY TREATMENT FACILITY, TO REQUEST  THE  








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            COUNTY MENTAL HEALTH DIRECTOR TO FILE A PETITION FOR A COURT  
            ORDER, REQURING THE PERSON TO PARTICIPATE IN AOT? 


                                      SYNOPSIS


          The Involuntary Assisted Outpatient Mental Health Treatment  
          Program (AOT), also known as "Laura's Law," was initially  
          adopted in 2001, reauthorized in 2006, and reauthorized again in  
          2012.  The law allows any county that wishes to provide  
          "assisted outpatient treatment services," as defined, to do so.   
          In the past 12 years that AOT has been authorized, nine counties  
          - Nevada, Yolo, San Diego, Orange, Los Angeles, San Francisco,  
          Contra Costa, Placer, and Mendocino - have chosen to implement  
          it.  In addition, according to the author, there are formal  
          processes in motion that may lead to adoption before the Board  
          of Supervisors in the following counties: El Dorado, Contra  
          Costa, San Mateo, Kern, Santa Barbara, and Ventura.  Indeed,  
          studies of involuntary outpatient programs have shown that the  
          programs have impressive results.  For example, a Duke  
          University/North Carolina State University study in the 1990s  
          showed that "subjects who underwent sustained periods of  
          outpatient commitment beyond that of the initial court order had  
          approximately 57% fewer readmissions and 20 fewer hospital days  
          than control subjects."  And a 2013 study showed that New York  
          state's AOT law, "Kendra's Law," resulted in substantial cost  
          savings.  Still, the program is controversial and a number of  
          groups still oppose it on philosophical grounds and argue that a  
          county's commitment to provide intensive services, not the  
          coercive nature of the services themselves, are what makes a  
          treatment program successful.  This bill does three things.   
          First, it permanently deletes the January 1, 2017 sunset on the  
          law so it can be extended indefinitely, which may be premature.   
          Second, it eliminates the requirement for any county that elects  
          to offer AOT to make a finding, prior to authorizing the  
          program, that other mental health programs, including but not  
          limited to children's mental health services, will not be  
          reduced as a result of implementation of AOT, which undermines  








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          the need to assess community needs.  Finally, it permits, in any  
          county that has elected to implement the program, the  
          professional staff of the facility where a person has been  
          detained for involuntarily inpatient treatment to request that  
          the county mental health director file a petition for a court  
          order requiring that the person participate in AOT, which may be  
          unnecessary.  This bill is supported by NAMI Contra Costa  
          County, but opposed by Disability Rights California and the  
          California Association of Mental Health Peer Run Organizations.


          SUMMARY:  Deletes the repeal date of January 1, 2017, of the AOT  
          program so that the program is authorized to continue for an  
          indefinite basis and makes other changes.  Specifically, this  
          bill:  


          1)Deletes the January 1, 2017, repeal date for the Assisted  
            Outpatient Treatment Demonstration Project Act of 2002,  
            thereby extending the program indefinitely.  
           2)Eliminates the requirement for any county that elects to offer  
            AOT to make a finding, prior to authorizing the program, that  
            other mental health programs, including but not limited to  
            children's mental health services, will not be reduced as a  
            result of implementation of AOT. 


          3)Authorizes the professional staff of the agency or facility  
            which has provided a person with intensive inpatient treatment  
            to request that the county mental health director file a  
            petition in the superior court requiring the person to  
            participate in AOT.


          EXISTING LAW:  


          1)Permits counties to provide AOT for people with serious mental  
            illnesses when a court determines that a person's recent  








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            history of hospitalizations or violent behavior, and  
            noncompliance with voluntary treatment, indicates the person  
            is likely to become dangerous or gravely disabled without the  
            court-ordered outpatient treatment.  (Welfare and Institutions  
            Code Section 5346.  All further statutory references are to  
            this Code, unless otherwise indicated.)


          2)Requires the board of supervisors of a county, in order to  
            authorize an AOT program in the county to adopt the program by  
            resolution or through the county budget process and make a  
            finding that no voluntary mental health program serving  
            adults, and no children's mental health program, may be  
            reduced as a result of its implementation.  (Section 5349.)


          3)Allows the following individuals to request that the county  
            mental health director file a motion for a court order  
            requiring a person to participate in AOT: 


             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  








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               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.  (5346(b)(2).)


          1)Allows a court, upon petition of the county mental health  
            director and after finding that an individual meets the  
            criteria for assisted outpatient treatment and there is no  
            appropriate and feasible less restrictive level of care  
            necessary to ensure the person's recovery and stability in the  
            community, to order the individual to receive assisted  
            outpatient treatment for an initial period not to exceed six  
            months.  If the director of the assisted outpatient program  
            determines that the individual requires further assisted  
            outpatient services, requires that director, prior to  
            expiration of the time period of the treatment, to apply to  
            the court for an extension of the services, not to exceed 180  
            days.  (Section 5346(d), (g).)
          2)Sunsets this authorization on January 1, 2017.  (Section  
            5349.5(a).)


          3)Grants any person subject to a petition for an order of  
            assisted outpatient treatment the right to legal counsel at  
            all steps of the hearing process.  (Section 5346(d)(4)(C).)


          4)Requires the Department of Health Services to submit a report  
            and evaluation to the Governor and the Legislature of all  
            counties implementing an assisted outpatient treatment program  
            by July 1, 2015.  (Section 5349.5(b).)


          5)Establishes the Lanterman-Petris Short Act (LPS Act), which  
            authorizes a person to be involuntarily detained for inpatient  
            mental health treatment when, as a result of a mental  








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            disorder, the person is a danger to him or herself or to  
            others, or is "gravely disabled".  Defines "gravely disabled"  
            to mean a condition in which a person, as a result of a mental  
            disorder, is unable to provide for his or her basic personal  
            needs for food, clothing or shelter.  (Sections 5008 (h)(1)(A)  
            and 5150.)


          6)Allows, under the LPS Act, a person who is gravely disabled to  
            be involuntarily detained for further inpatient mental health  
            treatment for an additional 14 days, as provided, which can be  
            extended for 14 days if the person presents an imminent threat  
            of taking his or her own life or 30 days if the county has  
            authorized the program and the person remains gravely  
            disabled.  (Section 5250, 5257, 5260.)


          7)Allows, under the LPS Act, a court to order an imminently  
            dangerous person to be confined for further inpatient  
            intensive health treatment for an additional 180 days, as  
            provided.  (Section 5300 et seq.)


          FISCAL EFFECT:  As currently in print this bill is keyed fiscal.


          COMMENTS:  The AOT Demonstration Project allows courts in  
          participating counties to order a person into an AOT program if  
          the court finds that the individual either meets existing  
          involuntary commitment requirements pursuant to Section 5150 (is  
          gravely disabled, or is a danger to self or others), or the  
          person meets non-5150 criteria, including that the person has  
          refused treatment; their mental health condition is  
          substantially deteriorating; and AOT would be the least  
          restrictive level of care necessary to ensure the person's  
          recovery and stability in the community.  The law is only  
          operative in those counties in which the county board of  
          supervisors, by resolution, authorizes its application and makes  
          a finding that no voluntary mental health program serving  








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          adults, and no children's mental health program, was reduced in  
          order to implement the law.



          According to the author, "'Laura's Law' provides family members  
          with important tools for initiating outpatient treatment for  
          severely mentally ill adults who are incapable of seeking help  
          on their own.  It helps to identify when a patient's condition  
          is significantly worsening and to intervene before the patient  
          becomes too ill and is subject to involuntary civil confinement.  
           AB 59 will authorize county participation in the Assisted  
          Outpatient Treatment Demonstration Project without requiring  
          counties to make findings that no existing mental health  
          programs will be reduced as a result of AOT implementation.   
          This bill streamlines the process for a county to opt into  
          Laura's law and removes a time consuming barrier to ensure more  
          counties have access to mental health treatment."



          Indeed, studies of involuntary outpatient programs have shown  
          that the programs have impressive results.  For example, a Duke  
          University/North Carolina State University study in the 1990s  
          showed that "subjects who underwent sustained periods of  
          outpatient commitment beyond that of the initial court order had  
          approximately 57% fewer readmissions and 20 fewer hospital days  
          than control subjects."  That same study, however, showed that  
          "sustained outpatient commitment reduced hospital readmissions  
          only when combined with a higher intensity of outpatient  
          treatment" and concluded that "use of outpatient commitment is  
          not a substitute for intensive treatment; it requires a  
          substantial commitment of treatment resources to be effective."



          Counties have a financial incentive to implement AOT programs,  
          according to other recent studies.  For example, a 2013 study  
          showed that New York state's AOT law, "Kendra's Law," resulted  








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          in substantial cost savings.  "In the New York City sample, net  
          costs declined 43% in the first year after assisted outpatient  
          treatment began and an additional 13% in the second year.  In  
          the five-county sample, costs declined 49% in the first year and  
          an additional 27% in the second year."  (Swanson et al, Am J  
          Psychiatry 2013; 170:1423-1432.) 



          County Experience with implementation of AOT.  The AOT  
          Demonstration Project was first implemented in Nevada County.   
          According to the treatment provider that provides AOT services  
          in Nevada County, Turning Point Community Programs, initiating  
          the AOT process begins with a referral submitted by family  
          members, relatives, cohabitants, treatment providers or their  
          supervisors, or peace officers.  If the person meets the AOT  
          eligibility requirements, a preliminary care plan is developed.   
          If the individual voluntarily engages with the treatment after  
          initial contact, a petition is no longer necessary and the  
          patient no longer meets the criteria for AOT referral.  However  
          if the client declines the preliminary care plan, the AOT team  
          proceeds with a petition and a public defender is assigned to  
          the client.  The court must be notified within 10 days of the  
          intervention, and a hearing must be set within five days of the  
          filing of the petition and the judge either grants or rejects  
          the AOT petition.  If ordered, AOT is valid for up to 180 days.



          According to Nevada County, in the seven years the county has  
          implemented Laura's Law, 37 AOT commitments have been ordered by  
          the court, and six individuals have failed to complete their  
          orders due to hospitalization, incarceration, or death.  Nevada  
          County indicates that the number of hospitalization days for  
          program participants has been cut in half, and no patient has  
          encountered problems with law enforcement since their  
          commitment.  In Orange County, two individuals have been ordered  
          to fulfill an AOT commitment.  The other county programs have  
          been recently implemented and do not yet have any court ordered  








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          AOT commitments.



          In the past ten years that AOT has been authorized, nine  
          counties - Nevada, Yolo, San Diego, Orange, San Francisco,  
          Contra Costa, Placer, and Mendocino -- have chosen to fully  
          implement it.  (Los Angeles County has implemented AOT on a  
          limited basis).  In addition, according to the author, there are  
          formal processes in motion that may lead to adoption before the  
          Board of Supervisors in the following counties: El Dorado,  
          Contra Costa, San Mateo, Kern, Santa Barbara, and Ventura.


          Removal of the sunset provision.  The AOT program was originally  
          scheduled to expire by law on January 1, 2008, but was  
          reauthorized in 2006, and reauthorized again in 2012.  The 2012  
          legislation, Assembly Bill 1569 (Allen, Chapter 441, Statutes of  
          2102) was controversial.  It was opposed by all of the groups  
          that oppose this bill, but also many others that do not oppose  
          this bill that removes the sunset in its entirety, including the  
          American Civil Liberties Union of California, California Council  
          of Community Mental Health Agencies, California Mental Health  
          Planning Council, Mental Health America of California, and the  
          National Association for Rights Protection and Advocacy.  Based  
          upon the fact that fewer groups oppose this much more  
          far-reaching bill, it appears that the AOT program is more  
          widely accepted and less controversial that it was at one time,  
          but is not without critics.  


          Disability Rights California has "concerns about AOT programs  
          and we believe that voluntary services are more effective and  
          should be expanded, we believe that the sunset provision is  
          important to protect the rights of people with mental health  
          disabilities in California."  Meanwhile, the California  
          Association of Mental Health Peer Run Organizations questions  
          whether AOT is as effective as less coercive alternative  
          treatments and writes:








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               Clearly it is the services that make the difference and  
               produce positive results. Through the MHSA (Prop 63),  
               California has put its money into a voluntary network of  
               community services that are person centered and holistic  
               and based on the recovery model.  The results of a 2012  
               UCLA study of MHSA Full Service Partnerships found that  
               every dollar spent on mental health services in California  
               saved roughly $0.88 in costs to the criminal justice and  
               health and housing services by reducing the number of  
               arrests, incarcerations, ER visits, and hospitalizations.  
               These same kinds of results were found in the Petris Center  
               Evaluation, May 2010; a large reduction in homelessness, a  
               rise in the proportion of consumers living independently,  
               less use of mental health related emergency services, less  
               incarcerations, and a rise in employment.  AB 34 and 2034,  
               the pilot programs that the full service partnerships are  
               modeled on, produced the same kind of positive results. 


          Given these concerns, the Committee may want to consider whether  
          this bill's proposal to delete the January 1, 2017 sunset date  
          and extend the program indefinitely is premature.


          Importance of a finding by the board of supervisors that other  
          treatment programs will not be affected.  Current law requires  
          the board of supervisors of a county, in order to authorize an  
          AOT program in the county, to adopt the program by resolution or  
          through the county budget process and make a finding that no  
          voluntary mental health program serving adults, and no  
          children's mental health program, will be reduced as a result of  
          its implementation.  (Section 5349.)  This bill would do away  
          with that requirement.  


          Disability Rights California writes, "Existing law requires the  
          board of supervisors when implementing an AOT program make a  








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          finding that no voluntary mental health programs will be reduced  
          as a result of the AOT program.  This bill would remove that  
          mandate, potentially threatening access and availability to  
          mental health services for individuals who seek them on a  
          voluntary basis."  Given concerns among many consumers of health  
          services, including mental health services, at the local level,  
          the Committee may want to consider whether removal of this  
          requirement is warranted.


          Parties who are authorized to request a petition to initiate AOT  
          process.  Current law allows specific individuals to request  
          that the county mental health director file a motion for a court  
          order requiring a person to participate in AOT: 


             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.









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             f)   A peace officer, parole officer, or probation officer  
               assigned to supervise the person who is the subject of the  
               petition.  (5346(b)(2).)


          Disability Rights California writes, "Existing law provides that  
          certain people who are involved in providing mental health  
          treatment to an individual, including a licensed mental health  
          treatment provider and the director of a hospital, public or  
          private agency, treatment facility, charitable organization or  
          licensed residential care facility, may request that the county  
          mental health department file an AOT petition on behalf of that  
          individual.  This bill would add the "professional staff" of an  
          agency or facility that provided involuntary treatment to an  
          individual to that list.  It is unclear who would constitute  
          "professional staff" under this provision.  To the extent this  
          category goes beyond the existing requirements, it increases the  
          possibility that the petitions may be filed without adequate  
          basis, therefore further limiting individual rights." 


          Related pending legislation.  AB 1193 (Eggman) Mandates AOT in  
          all counties, unless they opt out of the program by proclamation  
          of the county board of supervisors, extends the sunset until  
          2022, and allows judges to recommend a petition for anyone  
          appearing in the judge's court.


          AB 193 (Maienschein) - allows probate courts to recommend a  
          referral for an LPS conservatorship to the county officer  
                                                              providing conservatorship investigations.


          Previous legislation.  AB 2266 (Waldron, 2014) would have  
          increased the maximum period of imposed outpatient treatment  
          under the AOT Demonstration Project from six months to one year.  
          AB 2266 failed in the Assembly Judiciary Committee.









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          AB 1265 (Conway, 2013) would have increased the maximum period  
          of imposed outpatient treatment under the AOT Demonstration  
          Project from six months to one year.  AB 1265 also failed in the  
          Assembly Judiciary Committee.


          AB 1569 (Allen), Chapter 441, Statutes of 2012, extended  
          authorization for "Laura's Law" to January 1, 2017 and required  
          DHCS to submit a report to the Legislature regarding the program  
          by July 1, 2015.


          AB 1421 (Thomson), Chapter 1017, Statutes of 2002, authorized  
          counties to provide court-ordered outpatient treatment services  
          for people with serious mental illnesses when a court finds that  
          a person's recent history of hospitalizations or violent  
          behavior, coupled with noncompliance with voluntary treatment,  
          indicate the person is likely to become dangerous or gravely  
          disabled without the court-ordered outpatient treatment.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          NAMI - Contra Costa County




          Opposition


          California Association of Mental Health Peer Run Organizations








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          Disability Rights California




          Analysis Prepared by:Alison Merrilees / JUD. / (916) 319-2334