California Legislature—2015–16 Regular Session

Assembly BillNo. 745


Introduced by Assembly Member Chau

February 25, 2015


An act to amend Section 5845 of the Welfare and Institutions Code, relating to mental health.

LEGISLATIVE COUNSEL’S DIGEST

AB 745, as introduced, Chau. Mental Health Services Oversight and Accountability Commission.

Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Oversight and Accountability Commission, and requires the commission to consist of 16 voting members, including, among others, two persons with a severe mental illness and a mental health professional. The act may be amended by the Legislature by a 23 vote of both houses and only so long as the amendment is consistent with and furthers the intent of the act. The Legislature may clarify procedures and terms of the act by majority vote.

The bill would require the Speaker of the Assembly to appoint an additional member to the commission who has experience providing supportive housing to persons with a severe mental illness. The bill would state the findings and declarations of the Legislature that this change is consistent with and furthers the intent of the act.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 5845 of the Welfare and Institutions Code
2 is amended to read:

3

5845.  

(a) The Mental Health Services Oversight and
4Accountability Commission is hereby established to oversee Part
53 (commencing with Section 5800), the Adult and Older Adult
6Mental Health System of Care Act; Part 3.1 (commencing with
7Section 5820), Human Resources, Education, and Training
8Programs; Part 3.2 (commencing with Section 5830), Innovative
9Programs; Part 3.6 (commencing with Section 5840), Prevention
10and Early Intervention Programs; and Part 4 (commencing with
11Section 5850), the Children’s Mental Health Services Act. The
12commission shall replace the advisory committee established
13pursuant to Section 5814. The commission shall consist ofbegin delete 16end deletebegin insert 17end insert
14 voting members as follows:

15(1) The Attorney General or his or her designee.

16(2) The Superintendent of Public Instruction or his or her
17designee.

18(3) The Chairperson of the Senate Health and Human Services
19Committee or another member of the Senate selected by the
20President pro Tempore of the Senate.

21(4) The Chairperson of the Assembly Health Committee or
22another member of the Assembly selected by the Speaker of the
23Assembly.

begin insert

24(5) A person who has experienced providing supportive housing
25to persons with a severe mental illness, appointed by the Speaker
26of the Assembly.

end insert
begin delete

27(5)

end delete

28begin insert(6)end insert Two persons with a severe mental illness, a family member
29of an adult or senior with a severe mental illness, a family member
30of a child who has or has had a severe mental illness, a physician
31specializing in alcohol and drug treatment, a mental health
32professional, a county sheriff, a superintendent of a school district,
33a representative of a labor organization, a representative of an
34employer with less than 500 employees and a representative of an
35employer with more than 500 employees, and a representative of
36a health care services plan or insurer, all appointed by the
37Governor. In making appointments, the Governor shall seek
P3    1individuals who have had personal or family experience with
2mental illness.

3(b) Members shall serve without compensation, but shall be
4reimbursed for all actual and necessary expenses incurred in the
5performance of their duties.

6(c) The term of each member shall be three years, to be
7staggered so that approximately one-third of the appointments
8expire in each year.

9(d) In carrying out its duties and responsibilities, the commission
10may do all of the following:

11(1) Meet at least once each quarter at any time and location
12convenient to the public as it may deem appropriate. All meetings
13of the commission shall be open to the public.

14(2) Within the limit of funds allocated for these purposes,
15pursuant to the laws and regulations governing state civil service,
16employ staff, including any clerical, legal, and technical assistance
17as may appear necessary. The commission shall administer its
18operations separate and apart from the State Department of Health
19Care Services and the California Health and Human Services
20Agency.

21(3) Establish technical advisory committees such as a committee
22of consumers and family members.

23(4) Employ all other appropriate strategies necessary or
24convenient to enable it to fully and adequately perform its duties
25and exercise the powers expressly granted, notwithstanding any
26authority expressly granted to any officer or employee of state
27government.

28(5) Enter into contracts.

29(6) Obtain data and information from the State Department of
30Health Care Services, the Office of Statewide Health Planning and
31Development, or other state or local entities that receive Mental
32Health Services Act funds, for the commission to utilize in its
33oversight, review, training and technical assistance, accountability,
34and evaluation capacity regarding projects and programs supported
35with Mental Health Services Act funds.

36(7) Participate in the joint state-county decisionmaking process,
37as contained in Section 4061, for training, technical assistance,
38and regulatory resources to meet the mission and goals of the
39state’s mental health system.

P4    1(8) Develop strategies to overcome stigma and discrimination,
2and accomplish all other objectives of Part 3.2 (commencing with
3Section 5830), 3.6 (commencing with Section 5840), and the other
4provisions of the act establishing this commission.

5(9) At any time, advise the Governor or the Legislature regarding
6actions the state may take to improve care and services for people
7with mental illness.

8(10) If the commission identifies a critical issue related to the
9performance of a county mental health program, it may refer the
10issue to the State Department of Health Care Services pursuant to
11Section 5655.

12(11) Assist in providing technical assistance to accomplish the
13purposes of the Mental Health Services Act, Part 3 (commencing
14with Section 5800), and Part 4 (commencing with Section 5850)
15in collaboration with the State Department of Health Care Services
16and in consultation with the California Mental Health Directors
17Association.

18(12) Work in collaboration with the State Department of Health
19Care Services and the California Mental Health Planning Council,
20and in consultation with the California Mental Health Directors
21Association, in designing a comprehensive joint plan for a
22coordinated evaluation of client outcomes in the community-based
23mental health system, including, but not limited to, parts listed in
24subdivision (a). The California Health and Human Services Agency
25shall lead this comprehensive joint plan effort.

26

SEC. 2.  

The Legislature finds and declares that this act is
27consistent with and furthers the intent of the Mental Health Services
28Act within the meaning of Section 18 of the Mental Health services
29Act.



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