AB 1194, as introduced, Eggman. Mental health: involuntary commitment.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders for the protection of the persons so committed. Under the act, when a person, as a result of mental health disorder, is a danger to others, or to himself or herself, or gravely disabled, he or she may, upon probable cause, be taken into custody by a peace officer, member of the attending staff of an evaluation facility, designated members of a mobile crisis team, or other designated professional person, and placed in a facility designated by the county and approved by the State Department of Social Services as a facility for 72-hour treatment and evaluation. Existing law requires, when determining if probable cause exists to take a person into custody, or cause a person to be taken into custody pursuant to the provisions described above, any person who is authorized to take or cause that person to be taken into custody to consider available relevant information about the historical course of the person’s mental disorder, as specified, if the authorized person determines that information has a reasonable bearing on the determination described above.
This bill would provide that for purposes of determining whether a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, danger constitutes a present risk of harm that requires consideration of the historical course of a person’s mental health disorder and shall not be limited to imminent or immediate risk of harm to others or to himself or herself.
Existing law requires the admitting facility to require an application in writing stating the circumstances under which the person’s condition was called to the attention of those persons authorized to make the determination of probable cause, and stating that he or she has probable cause, as specified.
The bill would also require the application to record whether the historical course of a person’s mental disorder was considered in the determination of probable cause.
By imposing additional duties on local officials, the bill would impose a state-mandated local program.
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 5150 of the Welfare and Institutions Code
2 is amended to read:
(a) When a person, as a result of a mental health
4disorder, is a danger to others, or to himself or herself, or gravely
5disabled, a peace officer, professional person in charge of a facility
6designated by the county for evaluation and treatment, member of
7the attending staff, as defined by regulation, of a facility designated
8by the county for evaluation and treatment, designated members
9of a mobile crisis team, or professional person designated by the
10county may, upon probable cause, take, or cause to be taken, the
11person into custody for a period of up to 72 hours for assessment,
12evaluation, and crisis intervention, or placement for evaluation
P3 1and treatment in a facility designated by the county for evaluation
2and treatment and approved by the State Department of Health
3Care Services. At a minimum, assessment, as defined in
Section
45150.4, and evaluation, as defined in subdivision (a) of Section
55008, shall be conducted and provided on an ongoing basis. Crisis
6intervention, as defined in subdivision (e) of Section 5008, may
7be provided concurrently with assessment, evaluation, or any other
8service.
9(b) For purposes of determining, under this section, whether a
10person, as a result of a mental health disorder, is a danger to
11others, or a danger to himself or herself, danger constitutes a
12present risk of harm that requires consideration of the historical
13course of a person’s mental health disorder pursuant to Section
145150.05, and shall not be limited to imminent or immediate risk
15of harm to others or to himself or herself.
16(b)
end delete
17begin insert(c)end insert The professional person in charge of a facility designated
18by the county for evaluation and treatment, member of the
19attending staff, or professional person designated by the county
20shall assess the person to determine whether he or she can be
21properly served without being detained. If in the judgment of the
22professional person in charge of the facility designated by the
23county for evaluation and treatment, member of the attending staff,
24or professional person designated by the county, the person can
25be properly served without being detained, he or she shall be
26provided evaluation, crisis intervention, or other inpatient or
27outpatient services on a voluntary basis. Nothing in this subdivision
28shall be interpreted to prevent a peace officer from delivering
29individuals to a designated facility for assessment under this
30section.
Furthermore, the assessment requirement of this
31subdivision shall not be interpreted to require peace officers to
32perform any additional duties other than those specified in Sections
335150.1 and 5150.2.
34(c)
end delete
35begin insert(d)end insert Whenever a person is evaluated by a professional person in
36charge of a facility designated by the county for evaluation or
37treatment, member of the attending staff, or professional person
38designated by the county and is found to be in need of mental
39health services, but is not admitted to the facility, all available
P4 1alternative services provided pursuant to subdivision (b) shall be
2offered as determined by the county mental health director.
3(d)
end delete
4begin insert(e)end insert If, in the judgment of the professional person in charge of
5the facility designated by the county for evaluation and treatment,
6member of the attending staff, or the professional person designated
7by the county, the person cannot be properly served without being
8detained, the admitting facility shall require an application in
9writing stating the circumstances under which the person’s
10condition was called to the attention of the peace officer,
11professional person in charge of the facility designated by the
12county for evaluation and treatment, member of the attending staff,
13or professional person designated by the county, and stating that
14the peace officer, professional person in charge of the facility
15designated by the county for evaluation and treatment, member of
16the attending staff, or professional person designated by the county
17has
probable cause to believe that the person is, as a result of a
18mental health disorder, a danger to others, or to himself or herself,
19or gravely disabled.begin insert The application shall also record whether the
20historical course of the person’s mental disorder was considered
21in the determinationend insertbegin insert, pursuant to Section 5150.05.end insert If the probable
22cause is based on the statement of a person other than the peace
23officer, professional person in charge of the facility designated by
24the county for evaluation and treatment, member of the attending
25staff, or professional person designated by the county, the person
26shall be liable in a civil action for intentionally giving a statement
27begin delete whichend deletebegin insert
thatend insert he or she knows to be false.
28(e)
end delete
29begin insert(f)end insert At the time a person is taken into custody for evaluation, or
30within a reasonable time thereafter, unless a responsible relative
31or the guardian or conservator of the person is in possession of the
32person’s personal property, the person taking him or her into
33custody shall take reasonable precautions to preserve and safeguard
34the personal property in the possession of or on the premises
35occupied by the person. The person taking him or her into custody
36shall then furnish to the court a report generally describing the
37person’s property so preserved and safeguarded and its disposition,
38in
substantially the form set forth in Section 5211, except that if
39a responsible relative or the guardian or conservator of the person
40is in possession of the person’s property, the report shall include
P5 1only the name of the relative or guardian or conservator and the
2location of the property, whereupon responsibility of the person
3taking him or her into custody for that property shall terminate.
4As used in this section, “responsible relative” includes the spouse,
5parent, adult child, domestic partner, grandparent, grandchild, or
6adult brother or sister of the person.
7(f)
end delete
8begin insert(g)end insert (1) Each person, at the time he or she is first taken into
9custody under this
section, shall be provided, by the person who
10takes him or her into custody, the following information orally in
11a language or modality accessible to the person. If the person
12cannot understand an oral advisement, the information shall be
13provided in writing. The information shall be in substantially the
14following form:
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My name is .
You are not under criminal arrest, but I am taking you for an examination by mental health professionals at .
You will be told your rights by the mental health staff. |
27(2) If taken into custody at his or her own residence, the person
28shall also be provided the following information:
30You may bring a few personal items with you, which I will have
31to approve. Please inform me if you need assistance turning off
32any appliance or water. You may make a phone call and leave a
33note to tell your friends or family where you have been taken.
35(g)
end delete
36begin insert(h)end insert The designated facility shall keep, for each patient evaluated,
37a record of the advisement given pursuant to subdivision (f) which
38shall include all of the following:
39(1) The name of the person detained for evaluation.
P6 1(2) The name and position of the peace officer or mental health
2professional taking the person into custody.
3(3) The date the advisement was completed.
4(4) Whether the advisement was completed.
5(5) The language or modality used to give the advisement.
6(6) If the advisement was not completed, a statement of good
7cause, as defined by regulations of the State Department of Health
8Care Services.
9(h)
end delete
10begin insert(i)end insert (1) Each person admitted to a facility designated by the
11county for evaluation and treatment shall be given the following
12information by admission staff of the facility. The information
13shall be given orally and in writing and in a language or modality
14accessible to the person. The written information shall be available
15to the person in English and in the language that is the person’s
16primary means of communication. Accommodations for other
17disabilities that may affect communication shall
also be provided.
18The information shall be in substantially the following form:
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My name is . |
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My position here is . |
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You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable): |
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◻ Harm yourself. |
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(list of the facts upon which the allegation of dangerous |
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You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can. |
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During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge. |
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14(2) If the notice is given in a county where weekends and
15holidays are excluded from the 72-hour period, the patient shall
16be informed of this fact.
17(i)
end delete
18begin insert(j)end insert For each patient admitted for evaluation and treatment, the
19facility shall keep with the patient’s medical record a record of the
20advisement given pursuant to subdivisionbegin delete (h),end deletebegin insert
(i),end insert which shall
21include all of the following:
22(1) The name of the person performing the advisement.
23(2) The date of the advisement.
24(3) Whether the advisement was completed.
25(4) The language or modality used to communicate the
26advisement.
27(5) If the advisement was not completed, a statement of good
28cause.
If the Commission on State Mandates determines that
30this act contains costs mandated by the state, reimbursement to
31local agencies and school districts for those costs shall be made
32pursuant to Part 7 (commencing with Section 17500) of Division
334 of Title 2 of the Government Code.
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