BILL ANALYSIS Ó
AB 59
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
59 (Waldron)
As Amended March 28, 2016
Majority vote
--------------------------------------------------------------------
|ASSEMBLY: | | (January 27, |SENATE: |38-0 |(August 15, |
| | |2016) | | |2016) |
| | | | | | |
| | | | | | |
--------------------------------------------------------------------
(vote not relevant)
Original Committee Reference: HEALTH
SUMMARY: Extends the repeal date of the Assisted Outpatient
Treatment (AOT) Demonstration Project Act of 2002, or "Laura's
Law," by five years, to January 1, 2022, and deletes and recasts
in existing law the Department of Health Care Service's
reporting requirement, as specified, regarding the AOT services
a county provides.
The Senate amendments delete the Assembly version of this bill,
and instead sunsets Laura's Law on January 1, 2017, unless a
later enacted statute extends or repeals that date.
EXISTING LAW:
AB 59
Page 2
1)Permits counties to provide AOT services for people with
serious mental illnesses when a court determines that a
person's recent 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.
2)Permits a petition for a court order authorizing AOT to be
filed by the county mental health director, or his or her
designee, in the superior court in the county where the person
requiring treatment is present.
3)Grants any person subject to a petition for an order of AOT
the right to legal counsel at all steps of the hearing
process.
4)Requires the Department of Health Care Services to submit a
report and evaluation to the Governor and the Legislature of
all counties implementing an AOT program by July 1, 2015.
5)Sunsets Laura's Law on January 1, 2017, unless a later enacted
statute extends or repeals that date.
FISCAL EFFECT: According to Senate Appropriations Committee,
pursuant to Senate Rule 28.8, this bill has negligible state
fiscal effect.
COMMENTS: According to the author, AOT or "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. The author states that
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. The author
further states that based on previous evidence, the first six
months in the program demonstrate significant improvements in
self-care and community living, social functioning, task
performance, and incidents of harmful behaviors in patients.
According to the author, studies also show that improvement
AB 59
Page 3
takes time therefore, to insure full stability of patients once
the initial period is complete, this bill will require counties
with available funding to implement this program and extend it
from six months to one year.
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 Welfare and Institutions
Code 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
adults, and no children's mental health program, was reduced in
order to implement the law.
The California Medical Association (CMA) states in support of a
previous version of this bill that Laura's Law provides for
community-based, AOT services to a small population of
individuals who meet specific criteria and as a result of their
mental illness are unable to voluntarily access community mental
health services. The CMA notes that Nevada County, which has
fully implemented the law, has seen increased access to mental
health treatment and a reduction of cost to the county in the
amount of $500,000 through avoidance of hospitalizations and
incarcerations.
Disability Rights California (DRC) writes in opposition to a
previous version of this bill that it removes many provisions in
current law that protect the rights of individuals subject to
AOT. DRC states that to the extent it continues to be
authorized in California, counties should retain local control
and AOT should be at their election and not imposed on them by
the state.
AB 59
Page 4
The California State Association of Counties and the County
Behavioral Health Directors Association write in opposition to a
previous version of this bill, stating that it is critical that
county Boards of Supervisors retain the authority and
flexibility to determine whether implementing Laura's Law AOT
services in their community is appropriate.
Analysis Prepared by:
Paula Villescaz / HEALTH / (916) 319-2097 FN:
0003653