AB 1193, as introduced, Eggman. 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, authorizes each county to elect to offer certain assisted outpatient treatment services for their residents. Existing law authorizes participating counties to pay for the services provided from moneys distributed to the counties from various continuously appropriated funds, including the Mental Health Services Fund when included in a county plan, as specified.
This bill would delete the provisions that authorize a county to elect to participate in the program, and instead would require each county to implement the provisions of Laura’s Law unless the county elects not to participate in the program by enacting a resolution passed by the county board of supervisors. The bill would extend the January 1, 2017, repeal date of those provisions until January 1, 2022.
Existing law authorizes various persons to request the county mental health director to file a petition in the superior court for an order for assisted outpatient treatment for a person who meets specified criteria. Existing law requires the county mental health director to investigate the appropriateness of filing a petition.
This bill would additionally authorize a judge in a superior court to request a petition for that order to be filed for a person who appears before the judge. By imposing additional duties on county mental health directors, this bill would impose a state-mandated local program. The bill would make additional conforming changes.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 5346 of the Welfare and Institutions Code
2 is amended to read:
(a) In any county in which services are available as
4provided in Section 5348, a court may order a person who is the
5subject of a petition filed pursuant to this section to obtain assisted
6outpatient treatment if the court finds, by clear and convincing
7evidence, that the facts stated in the verified petition filed in
8accordance with this section are true and establish that all of the
9requisite criteria set forth in this section are met, including, but
10not limited to, each of the following:
11(1) The person is 18 years of age or older.
12(2) The person is suffering from a mental illness as defined in
13paragraphs (2) and (3) of subdivision (b) of Section 5600.3.
14(3) There has been a clinical determination that the person is
15unlikely to survive safely in the community without supervision.
16(4) The person has a history of lack of compliance with
17treatment for his or her mental illness, in that at least one of the
18following is true:
19(A) The person’s mental illness has, at least twice within the
20last 36 months, been a substantial factor in necessitating
21hospitalization, or receipt of services in a forensic or other mental
22health unit of a state correctional facility or local correctional
23facility, not including any period during which the person was
P3 1hospitalized or incarcerated immediately preceding the filing of
3(B) The person’s mental illness has resulted in one or more acts
4of serious and violent behavior toward himself or herself or
5another, or threats, or attempts to cause serious physical harm to
6himself or herself or another within the last 48 months, not
7including any period in which the person was hospitalized or
8incarcerated immediately preceding the filing of the petition.
9(5) The person has been offered an opportunity to participate
10in a treatment plan by the director of the local mental health
11department, or his or her designee, provided the treatment plan
12includes all of the services described in Section 5348, and the
13person continues to fail to engage in treatment.
14(6) The person’s condition is substantially deteriorating.
15(7) Participation in the assisted outpatient treatment program
16would be the least restrictive placement necessary to ensure the
17person’s recovery and stability.
18(8) In view of the person’s treatment history and current
19behavior, the person is in need of assisted outpatient treatment in
20order to prevent a relapse or deterioration that would be likely to
21result in grave disability or serious harm to himself or herself, or
22to others, as defined in Section 5150.
23(9) It is likely that the person will benefit from assisted
25(b) (1) A petition for an order authorizing assisted outpatient
26treatment may be filed by the county mental health director, or his
27or her designee, in the superior court in the county in which the
28person who is the subject of the petition is present or reasonably
29believed to be present.
30(2) A request may be made only by any of the following persons
31to the county mental health department for the filing of a petition
32to obtain an order authorizing assisted outpatient treatment:
33(A) Any person 18 years of age or older with whom the person
34who is the subject of the petition resides.
35(B) Any person who is the parent, spouse, or sibling or child
3618 years of age or older of the person who is the subject of the
38(C) The director of any public or private agency, treatment
39facility, charitable organization, or licensed residential care facility
40providing mental health services to the person who is the subject
P4 1of the petition in whose institution the subject of the petition
3(D) The director of a hospital in which the person who is the
4subject of the petition is hospitalized.
5(E) A licensed mental health treatment provider who is either
6supervising the treatment of, or treating for a mental illness, the
7person who is the subject of the petition.
8(F) A peace officer, parole officer, or probation officer assigned
9to supervise the person who is the subject of the petition.
12(3) Upon receiving a request pursuant to paragraph (2), the
13county mental health director shall conduct an investigation into
14the appropriateness of
begin delete theend delete filing begin delete ofend delete
the petition. The director shall
15file the petition only if he or she determines that there is a
16reasonable likelihood that all the necessary elements to sustain the
17petition can be proven in a court of law by clear and convincing
19(4) The petition shall state all of the following:
20(A) Each of the criteria for assisted outpatient treatment as set
21forth in subdivision (a).
22(B) Facts that support the petitioner’s belief that the person who
23is the subject of the petition meets each criterion, provided that
24the hearing on the petition shall be limited to the stated facts in
25the verified petition, and the petition contains all the grounds on
26which the petition is based, in order to ensure adequate notice to
27the person who is the subject of the petition and his or her counsel.
28(C) That the person who is the subject of the petition is present,
29or is reasonably believed to be present, within the county where
30the petition is filed.
31(D) That the person who is the subject of the petition has the
32right to be represented by counsel in all stages of the proceeding
33under the petition, in accordance with subdivision (c).
34(5) The petition shall be accompanied by an affidavit of a
35licensed mental health treatment provider designated by the local
36mental health director who shall state, if applicable, either of the
38(A) That the licensed mental health treatment provider has
39personally examined the person who is the subject of the petition
40no more than 10 days prior to the submission of the petition, the
P5 1facts and reasons why the person who is the subject of the petition
2meets the criteria in subdivision (a), that the licensed mental health
3treatment provider recommends assisted outpatient treatment for
4the person who is the subject of the petition, and that the licensed
5mental health treatment provider is willing and able to testify at
6the hearing on the petition.
7(B) That no more than 10 days prior to the filing of the petition,
8the licensed mental health treatment provider, or his or her
9designee, has made appropriate attempts to elicit the cooperation
10of the person who is the subject of the petition, but has not been
11successful in persuading that person to submit to an examination,
12that the licensed mental health treatment provider has reason to
13believe that the person who is the subject of the petition meets the
14criteria for assisted outpatient treatment, and that the licensed
15mental health treatment provider is willing and able to examine
16the person who is the subject of the petition and testify at the
17hearing on the petition.
18(c) The person who is the subject of the petition shall have the
19right to be represented by counsel at all stages of a proceeding
20commenced under this section. If the person so elects, the court
21shall immediately appoint the public defender or other attorney to
22assist the person in all stages of the proceedings. The person shall
23pay the cost of the legal services if he or she is able.
24(d) (1) Upon receipt by the court of a petition submitted
25pursuant to subdivision (b), the court shall fix the date for a hearing
26at a time not later than five days from the date the petition is
27received by the court, excluding Saturdays, Sundays, and holidays.
28The petitioner shall promptly cause service of a copy of the
29petition, together with written notice of the hearing date, to be
30made personally on the person who is the subject of the petition,
31and shall send a copy of the petition and notice to the county office
32of patient rights, and to the current health care provider appointed
33for the person who is the subject of the petition, if
begin delete any suchend delete
34 provider is known to the petitioner. Continuances shall be permitted
35only for good cause shown. In granting continuances, the court
36shall consider the need for further examination by a physician or
37the potential need to provide expeditiously assisted outpatient
38treatment. Upon the hearing date, or upon any other date or dates
39to which the proceeding may be continued, the court shall hear
40testimony. If it is deemed advisable by the court, and if the person
P6 1who is the subject of the petition is available and has received
2notice pursuant to this section, the court may examine in or out of
3court the person who is the subject of the petition who is alleged
4to be in need of assisted outpatient treatment. If the person who is
5the subject of the petition does not appear at the hearing, and
6appropriate attempts to elicit the attendance of the person have
7failed, the court may conduct the hearing in the person’s absence.
8If the hearing is conducted without the person present, the court
9shall set forth the factual basis for conducting the hearing without
10the person’s presence.
11(2) The court shall not order assisted outpatient treatment unless
12an examining licensed mental health treatment provider, who has
13personally examined, and has reviewed the available treatment
14history of, the person who is the subject of the petition within the
15time period commencing 10 days before the filing of the petition,
16testifies in person at the hearing.
17(3) If the person who is
the subject of the petition has refused
18to be examined by a licensed mental health treatment provider,
19the court may request that the person consent to an examination
20by a licensed mental health treatment provider appointed by the
21court. If the person who is the subject of the petition does not
22consent and the court finds reasonable cause to believe that the
23allegations in the petition are true, the court may order any person
24designated under Section 5150 to take into custody the person who
25is the subject of the petition and transport him or her, or cause him
26or her to be transported, to a hospital for examination by a licensed
27mental health treatment provider as soon as is practicable.
28Detention of the person who is the subject of the petition under
29the order may not exceed 72 hours. If the examination is performed
30by another licensed mental health treatment provider, the
31examining licensed mental health treatment provider may consult
32with the licensed mental health treatment provider whose
33affirmation or affidavit accompanied the petition regarding the
34issues of whether the allegations in the petition are true and whether
35the person meets the criteria for assisted outpatient treatment.
36(4) The person who is the subject of the petition shall have all
37of the following rights:
38(A) To adequate notice of the hearings to the person who is the
39subject of the petition, as well as to parties designated by the person
40who is the subject of the petition.
P7 1(B) To receive a copy of the court-ordered evaluation.
2(C) To counsel. If the person has not retained counsel, the court
3shall appoint a public defender.
4(D) To be informed of his or her right to judicial review by
6(E) To be present at the hearing unless he or she waives the
7right to be present.
8(F) To present evidence.
9(G) To call witnesses on his or her behalf.
10(H) To cross-examine witnesses.
11(I) To appeal decisions, and to be informed of his or her right
13(5) (A) If after hearing all relevant evidence, the court finds
14that the person who is the subject of the petition does not meet the
15criteria for assisted outpatient treatment, the court shall dismiss
17(B) If after hearing all relevant evidence, the court finds that
18the person who is the subject of the petition meets the criteria for
19assisted outpatient treatment, and there is no appropriate and
20feasible less restrictive alternative, the court may order the person
21who is the subject of the petition to receive assisted outpatient
22treatment for an initial period not to exceed six months. In
23fashioning the order, the court shall specify that the proposed
24treatment is the least restrictive treatment appropriate and feasible
25for the person who is the subject of the petition. The order shall
26state the categories of assisted outpatient treatment, as set forth in
27Section 5348, that the person who is the subject of the petition is
28to receive, and the court may not order treatment that has not been
29recommended by the examining licensed mental health treatment
30provider and included in the written treatment plan for assisted
31outpatient treatment as required by subdivision (e). If the person
32has executed an advance health care directive pursuant to Chapter
332 (commencing with Section 4650) of Part 1 of Division 4.7 of
34the Probate Code, any directions included in the advance health
35care directive shall be considered in formulating the written
37(6) If the person who is the subject of a petition for an order for
38assisted outpatient treatment pursuant to subparagraph (B) of
begin delete of subdivision (d)end delete refuses to participate in the assisted
40outpatient treatment program, the court may order the person to
P8 1meet with the assisted outpatient treatment team designated by the
2director of the assisted outpatient treatment program. The treatment
3team shall attempt to gain the person’s cooperation with treatment
4ordered by the court. The person may be subject to a 72-hour hold
5pursuant to subdivision (f) only after the treatment team has
6attempted to gain the person’s cooperation with treatment ordered
7by the court, and has been unable to do so.
8(e) Assisted outpatient treatment shall not be ordered unless the
9licensed mental health treatment provider recommending assisted
10outpatient treatment to the court has submitted to the court a written
11treatment plan that includes services as set forth in Section 5348,
12and the court finds, in consultation with the county mental health
13director, or his or her designee, all of the following:
14(1) That the services are available from the county, or a provider
15approved by the county, for the duration of the court order.
16(2) That the services have been offered to the person by the
17local director of mental health, or his or her designee, and the
18person has been given an opportunity to participate on a voluntary
19basis, and the person has failed to engage in, or has refused,
21(3) That all of the elements of the petition required by this article
22have been met.
23(4) That the treatment plan will be delivered to the county
24director of mental health, or to his or her appropriate designee.
25(f) If, in the clinical judgment of a licensed mental health
26treatment provider, the person who is the subject of the petition
27has failed or has refused to comply with the treatment ordered by
28the court, and, in the clinical judgment of the licensed mental health
29treatment provider, efforts were made to solicit compliance, and,
30in the clinical judgment of the licensed mental health treatment
31provider, the person may be in need of involuntary admission to
32a hospital for evaluation, the provider may request that persons
33designated under Section 5150 take into custody the person who
34is the subject of the petition and transport him or her, or cause him
35or her to be transported, to a hospital, to be held up to 72 hours for
36examination by a licensed mental health treatment provider to
37determine if the person is in need of treatment pursuant to Section
385150. Any continued involuntary retention in a hospital beyond
39the initial 72-hour period shall be pursuant to Section 5150. If at
40any time during the 72-hour period the person is determined not
P9 1to meet the criteria of Section 5150, and does not agree to stay in
2the hospital as a voluntary patient, he or she shall be released and
3any subsequent involuntary detention in a hospital shall be pursuant
4to Section 5150. Failure to comply with an order of assisted
5outpatient treatment alone may not be grounds for involuntary
6civil commitment or a finding that the person who is the subject
7of the petition is in contempt of court.
8(g) If the director of the assisted outpatient treatment program
9determines that the condition of the patient requires further assisted
10outpatient treatment, the director shall apply to the court, prior to
11the expiration of the period of the initial assisted outpatient
12treatment order, for an order authorizing continued assisted
13outpatient treatment for a period not to exceed 180 days from the
14date of the order. The procedures for obtaining
begin delete anyend delete order
15pursuant to this subdivision shall be in accordance with
16subdivisions (a) to (f), inclusive. The period for further involuntary
17outpatient treatment authorized by
begin delete anyend delete subsequent order under
18this subdivision may not exceed 180 days from the date of the
20(h) At intervals of not less than 60 days during an assisted
21outpatient treatment order, the director of the outpatient treatment
22program shall file an affidavit with the court that ordered the
23outpatient treatment affirming that the person who is the subject
24of the order continues to meet the criteria for assisted outpatient
25treatment. At these times, the person who is the subject of the order
26shall have the right to a hearing on whether or not he or she still
27meets the criteria for assisted outpatient treatment if he or she
28disagrees with the director’s affidavit. The burden of proof shall
29be on the director.
30(i) During each 60-day period specified in subdivision (h), if
31the person who is the subject of the order believes that he or she
32is being wrongfully retained in the assisted outpatient treatment
33program against his or her wishes, he or she may file a petition for
34a writ of habeas corpus, thus requiring the director of the assisted
35outpatient treatment program to prove that the person who is the
36subject of the order continues to meet the criteria for assisted
38(j) Any person ordered to undergo assisted outpatient treatment
39pursuant to this article, who was not present at the hearing at which
40the order was issued, may immediately petition the court for a writ
P10 1of habeas corpus. Treatment under the order for assisted outpatient
2treatment may not commence until the resolution of that petition.
Section 5348 of the Welfare and Institutions Code is
4amended to read:
(a) For purposes of subdivision (e) of Section 5346, a
begin delete chooses to provideend delete assisted outpatient
7treatment services pursuant to this article shall offer assisted
8outpatient treatment services including, but not limited to, all of
10(1) Community-based, mobile, multidisciplinary, highly trained
11mental health teams that use high staff-to-client ratios of no more
12than 10 clients per team member for those subject to court-ordered
13services pursuant to Section 5346.
14(2) A service planning
and delivery process that includes the
16(A) Determination of the numbers of persons to be served and
17the programs and services that will be provided to meet their needs.
18The local director of mental health shall consult with the sheriff,
19the police chief, the probation officer, the mental health board,
20contract agencies, and family, client, ethnic, and citizen
21constituency groups as determined by the director.
22(B) Plans for services, including outreach to families whose
23severely mentally ill adult is living with them, design of mental
24health services, coordination and access to medications, psychiatric
25and psychological services, substance abuse services, supportive
26housing or other housing assistance, vocational rehabilitation, and
27veterans’ services. Plans shall also contain evaluation strategies,
28which shall consider cultural, linguistic, gender, age, and special
29 needs of minorities and those based on any characteristic listed or
30defined in Section 11135 of the Government Code in the target
31populations. Provision shall be made for staff with the cultural
32background and linguistic skills necessary to remove barriers to
33mental health services as a result of having
34limited-English-speaking ability and cultural differences.
35Recipients of outreach services may include families, the public,
36primary care physicians, and others who are likely to come into
37contact with individuals who may be suffering from an untreated
38severe mental illness who would be likely to become homeless if
39the illness continued to be untreated for a substantial period of
P11 1time. Outreach to adults may include adults voluntarily or
2involuntarily hospitalized as a result of a severe mental illness.
3(C) Provision for services to meet the needs of persons who are
5(D) Provision for services to meet the special needs of older
7(E) Provision for family support and consultation services,
8parenting support and consultation services, and peer support or
9self-help group support, where appropriate.
10(F) Provision for services to be client-directed and that employ
11psychosocial rehabilitation and recovery principles.
12(G) Provision for psychiatric and psychological services that
13are integrated with other services and for psychiatric and
14psychological collaboration in overall service planning.
15(H) Provision for services specifically directed to seriously
16mentally ill young adults 25 years of age or younger who are
17homeless or at significant risk of becoming homeless. These
18provisions may include continuation of services that still would
19be received through other funds had eligibility not been terminated
20as a result of age.
21(I) Services reflecting special needs of women from diverse
22cultural backgrounds, including supportive housing that accepts
23children, personal services coordinator therapeutic treatment, and
24substance treatment programs that address gender-specific trauma
25and abuse in the lives of persons with mental illness, and vocational
26rehabilitation programs that offer job training programs free of
27gender bias and sensitive to the needs of women.
28(J) Provision for housing for clients that is immediate,
29transitional, permanent, or all of these.
30(K) Provision for clients who have been suffering from an
31untreated severe mental illness for less than one year, and who do
32not require the full range of services, but are at risk of becoming
33homeless unless a comprehensive individual and family support
34services plan is implemented. These clients shall be served in a
35manner that is designed to meet their needs.
36(3) Each client shall have a clearly designated mental health
37personal services coordinator who may be part of a
38multidisciplinary treatment team who is responsible for providing
39or assuring needed services. Responsibilities include complete
40assessment of the client’s needs, development of the client’s
P12 1personal services plan, linkage with all appropriate community
2services, monitoring of the quality and followthrough of services,
3and necessary advocacy to ensure each client receives those
4services that are agreed to in the personal services plan. Each client
5shall participate in the development of his or her personal services
6plan, and responsible staff shall consult with the designated
7conservator, if one has been appointed, and, with the consent of
8the client, shall consult with the family and other significant
9persons as appropriate.
10(4) The individual personal services plan shall ensure that
11persons subject to assisted outpatient treatment programs receive
12age-appropriate, gender-appropriate, and culturally appropriate
13services, to the extent feasible, that are designed to enable
15(A) Live in the most independent, least restrictive housing
16feasible in the local community, and, for clients with children, to
17live in a supportive housing environment that strives for
18reunification with their children or assists clients in maintaining
19custody of their children as is appropriate.
20(B) Engage in the highest level of work or productive
21appropriate to their abilities and experience.
22(C) Create and maintain a support system consisting of friends,
23family, and participation in community activities.
24(D) Access an appropriate level of academic education or
26(E) Obtain an adequate income.
27(F) Self-manage their illnesses and exert as much control as
28possible over both the day-to-day and long-term decisions that
29affect their lives.
30(G) Access necessary physical health care and maintain the best
31possible physical health.
32(H) Reduce or eliminate serious antisocial or criminal behavior,
33and thereby reduce or eliminate their contact with the criminal
35(I) Reduce or eliminate the distress caused by the symptoms of
37(J) Have freedom from dangerous addictive substances.
38(5) The individual personal services plan shall describe the
39service array that meets the requirements of paragraph (4), and to
P13 1the extent applicable to the individual, the requirements of
3(b) A county that provides assisted outpatient treatment services
4pursuant to this article also shall offer the same services on a
6(c) Involuntary medication shall not be allowed absent a separate
7order by the court pursuant to Sections 5332 to 5336, inclusive.
8(d) A county that operates an assisted outpatient treatment
9program pursuant to this article shall provide data to the State
10Department of Health Care Services and, based on the data, the
11department shall report to the Legislature on or before May 1 of
12each year in which the county provides services pursuant to this
13article. The report shall include, at a minimum, an evaluation of
14the effectiveness of the strategies employed by each program
15operated pursuant to this article in reducing homelessness and
16hospitalization of persons in the program and in reducing
17involvement with local law enforcement by persons in the program.
18The evaluation and report shall also include any other measures
19identified by the department regarding persons in the program and
20all of the following, based on information that is available:
21(1) The number of persons served by the program and, of those,
22the number who are able to maintain housing and the number who
23maintain contact with the treatment system.
24(2) The number of persons in the program with contacts with
25local law enforcement, and the extent to which local and state
26incarceration of persons in the program has been reduced or
28(3) The number of persons in the program participating in
29employment services programs, including competitive employment.
30(4) The days of hospitalization of persons in the program that
31have been reduced or avoided.
32(5) Adherence to prescribed treatment by persons in the program.
33(6) Other indicators of successful engagement, if any, by persons
34in the program.
35(7) Victimization of persons in the program.
36(8) Violent behavior of persons in the program.
37(9) Substance abuse by persons in the program.
38(10) Type, intensity, and frequency of treatment of persons in
P14 1(11) Extent to which enforcement mechanisms are used by the
2program, when applicable.
3(12) Social functioning of persons in the program.
4(13) Skills in independent living of persons in the program.
5(14) Satisfaction with program services both by those receiving
6them and by their families, when relevant.
Section 5349 of the Welfare and Institutions Code is
8amended to read:
begin deleteThis article shall be operative in those counties in which To the extent
10the county board of supervisors, by resolution or through the county
11budget process, authorizes its application and makes a finding that
12no voluntary mental health program serving adults, and no
13children’s mental health program, may be reduced as a result of
14the implementation of this article. end delete
19otherwise permitted under state and federal law, counties that
begin delete elect
implement this article may pay for the provision of services
21under Sections 5347 and 5348 using funds distributed to the
22counties from the Mental Health Subaccount, the Mental Health
23Equity Subaccount, and the Vehicle License Collection Account
24of the Local Revenue Fund, funds from the Mental Health Account
25and the Behavioral Health Subaccount within the Support Services
26Account of the Local Revenue Fund 2011, funds from the Mental
27Health Services Fund when included in county plans pursuant to
28Section 5847, and any other funds from which the Controller makes
29distributions to the counties for those purposes. Compliance with
30this section shall be monitored by the State Department of Health
31Care Services as part of its review and approval of county
Section 5349.1 of the Welfare and Institutions Code
34 is amended to read:
(a) Counties that
begin delete elect toend delete implement this article, shall,
36in consultation with the State Department of Health Care Services,
37client and family advocacy organizations, and other stakeholders,
38develop a training and education program for purposes of
39improving the delivery of services to mentally ill individuals who
40are, or who are at risk of being, involuntarily committed under this
P15 1part. This training shall be provided to mental health treatment
2providers contracting with participating counties and to other
3individuals, including, but not limited to, mental health
4professionals, law enforcement officials, and certification hearing
5officers involved in making treatment and involuntary commitment
7(b) The training shall include both of the following:
8(1) Information relative to legal requirements for detaining a
9person for involuntary inpatient and outpatient treatment, including
10criteria to be considered with respect to determining if a person is
11considered to be gravely disabled.
12(2) Methods for ensuring that decisions regarding involuntary
13treatment as provided for in this part direct patients toward the
14most effective treatment. Training shall include an emphasis on
15each patient’s right to provide informed consent to assistance.
Section 5349.5 of the Welfare and Institutions Code
17 is amended to read:
(a) This article shall remain in effect only until January
begin delete 2017,end delete and as of that date is repealed, unless a later enacted
20statute that is enacted on or before January 1,
begin delete 2017,end delete deletes
21or extends that date.
22(b) The State Department of Health Care Services shall submit
23a report and evaluation of all counties implementing any
24component of this article to the Governor and to the Legislature
25by July 1, 2015. The evaluation shall include data described in
26subdivision (d) of Section 5348.
If the Commission on State Mandates determines that
28this act contains costs mandated by the state, reimbursement to
29local agencies and school districts for those costs shall be made
30pursuant to Part 7 (commencing with Section 17500) of Division
314 of Title 2 of the Government Code.