BILL NUMBER: AB 1194 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Eggman
FEBRUARY 27, 2015
An act to amend Section 5150 of the Welfare and Institutions Code,
relating to mental health.
LEGISLATIVE COUNSEL'S DIGEST
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 1. Section 5150 of the Welfare and Institutions Code is
amended to read:
5150. (a) When a person, as a result of a mental health disorder,
is a danger to others, or to himself or herself, or gravely
disabled, a peace officer, professional person in charge of a
facility designated by the county for evaluation and treatment,
member of the attending staff, as defined by regulation, of a
facility designated by the county for evaluation and treatment,
designated members of a mobile crisis team, or professional person
designated by the county may, upon probable cause, take, or cause to
be taken, the person into custody for a period of up to 72 hours for
assessment, evaluation, and crisis intervention, or placement for
evaluation and treatment in a facility designated by the county for
evaluation and treatment and approved by the State Department of
Health Care Services. At a minimum, assessment, as defined in Section
5150.4, and evaluation, as defined in subdivision (a) of Section
5008, shall be conducted and provided on an ongoing basis. Crisis
intervention, as defined in subdivision (e) of Section 5008, may be
provided concurrently with assessment, evaluation, or any other
service.
(b) For purposes of determining, under this section, whether a
person, as a result of a mental health disorder, is a danger to
others, or a danger 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 pursuant to Section
5150.05, and shall not be limited to imminent or immediate risk of
harm to others or to himself or herself.
(b)
(c) The professional person in charge of a facility
designated by the county for evaluation and treatment, member of the
attending staff, or professional person designated by the county
shall assess the person to determine whether he or she can be
properly served without being detained. If in the judgment of the
professional person in charge of the facility designated by the
county for evaluation and treatment, member of the attending staff,
or professional person designated by the county, the person can be
properly served without being detained, he or she shall be provided
evaluation, crisis intervention, or other inpatient or outpatient
services on a voluntary basis. Nothing in this subdivision shall be
interpreted to prevent a peace officer from delivering individuals to
a designated facility for assessment under this section.
Furthermore, the assessment requirement of this subdivision shall not
be interpreted to require peace officers to perform any additional
duties other than those specified in Sections 5150.1 and 5150.2.
(c)
(d) Whenever a person is evaluated by a professional
person in charge of a facility designated by the county for
evaluation or treatment, member of the attending staff, or
professional person designated by the county and is found to be in
need of mental health services, but is not admitted to the facility,
all available alternative services provided pursuant to subdivision
(b) shall be offered as determined by the county mental health
director.
(d)
(e) If, in the judgment of the professional person in
charge of the facility designated by the county for evaluation and
treatment, member of the attending staff, or the professional person
designated by the county, the person cannot be properly served
without being detained, the admitting facility shall require an
application in writing stating the circumstances under which the
person's condition was called to the attention of the peace officer,
professional person in charge of the facility designated by the
county for evaluation and treatment, member of the attending staff,
or professional person designated by the county, and stating that the
peace officer, professional person in charge of the facility
designated by the county for evaluation and treatment, member of the
attending staff, or professional person designated by the county has
probable cause to believe that the person is, as a result of a mental
health disorder, a danger to others, or to himself or herself, or
gravely disabled. The application shall also record whether the
historical course of the person's mental disorder was considered in
the determination , pursuant to Section 5150.05. If
the probable cause is based on the statement of a person other than
the peace officer, professional person in charge of the facility
designated by the county for evaluation and treatment, member of the
attending staff, or professional person designated by the county, the
person shall be liable in a civil action for intentionally giving a
statement which that he or she knows to
be false.
(e)
(f) At the time a person is taken into custody for
evaluation, or within a reasonable time thereafter, unless a
responsible relative or the guardian or conservator of the person is
in possession of the person's personal property, the person taking
him or her into custody shall take reasonable precautions to preserve
and safeguard the personal property in the possession of or on the
premises occupied by the person. The person taking him or her into
custody shall then furnish to the court a report generally describing
the person's property so preserved and safeguarded and its
disposition, in substantially the form set forth in Section 5211,
except that if a responsible relative or the guardian or conservator
of the person is in possession of the person's property, the report
shall include only the name of the relative or guardian or
conservator and the location of the property, whereupon
responsibility of the person taking him or her into custody for that
property shall terminate. As used in this section, "responsible
relative" includes the spouse, parent, adult child, domestic partner,
grandparent, grandchild, or adult brother or sister of the person.
(f)
(g) (1) Each person, at the time he or she is first
taken into custody under this section, shall be provided, by the
person who takes him or her into custody, the following information
orally in a language or modality accessible to the person. If the
person cannot understand an oral advisement, the information shall be
provided in writing. The information shall be in substantially the
following form:
My name is ___________________________________ .
I am a _____________________________
(peace officer/mental health
______________ .
professional)
with __________________ .
(name of agency)
You are not under criminal arrest, but I am
taking you for an examination by mental health
professionals at _____________________________ .
____________________
(name of facility)
You will be told your rights by the mental
health staff.
(2) If taken into custody at his or her own residence, the person
shall also be provided the following information:
You may bring a few personal items with you, which I will have to
approve. Please inform me if you need assistance turning off any
appliance or water. You may make a phone call and leave a note to
tell your friends or family where you have been taken.
(g)
(h) The designated facility shall keep, for each
patient evaluated, a record of the advisement given pursuant to
subdivision (f) which shall include all of the following:
(1) The name of the person detained for evaluation.
(2) The name and position of the peace officer or mental health
professional taking the person into custody.
(3) The date the advisement was completed.
(4) Whether the advisement was completed.
(5) The language or modality used to give the advisement.
(6) If the advisement was not completed, a statement of good
cause, as defined by regulations of the State Department of Health
Care Services.
(h)
(i) (1) Each person admitted to a facility designated
by the county for evaluation and treatment shall be given the
following information by admission staff of the facility. The
information shall be given orally and in writing and in a language or
modality accessible to the person. The written information shall be
available to the person in English and in the language that is the
person's primary means of communication. Accommodations for other
disabilities that may affect communication shall also be provided.
The information shall be in substantially the following form:
My name is ____________________________________.
My position here is____________________________.
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):
( ) Harm
yourself.
( ) Harm someone
else.
( ) Be unable to take care of your own food,
clothing, and housing
needs.
We believe this is true because
________________________________________________
(list of the facts upon which the allegation of
dangerous
or gravely disabled due to mental health
disorder is based, including pertinent
facts arising from the admission interview).
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.
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.
If you have questions about your legal rights,
you may contact the county Patients' Rights
Advocate at _____________________________
(phone number for the county
__________________________________.
Patients' Rights Advocacy office)
Your 72-hour period began _____________.
(date/time)
(2) If the notice is given in a county where weekends and holidays
are excluded from the 72-hour period, the patient shall be informed
of this fact.
(i)
(j) For each patient admitted for evaluation and
treatment, the facility shall keep with the patient's medical record
a record of the advisement given pursuant to subdivision
(h), (i), which shall include all of the
following:
(1) The name of the person performing the advisement.
(2) The date of the advisement.
(3) Whether the advisement was completed.
(4) The language or modality used to communicate the advisement.
(5) If the advisement was not completed, a statement of good
cause.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.