AB 1194, as amended, 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 require, when determining if a person is a danger to himself or herself, or to others, as a result of a mental health disorder, that the individual making that determination consider available relevant information about the historical course of the person’s mental disorder, as that phrase is defined, if the individual concludes that the information has a reasonable bearing on the determination.
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
P3 1person into custody for a period of up to 72 hours for assessment,
2evaluation, and crisis intervention, or placement for evaluation
3and treatment in a facility designated by the county for evaluation
4and treatment and approved by the State
Department of Health
5Care Services. At a minimum, assessment, as defined in Section
65150.4, and evaluation, as defined in subdivision (a) of Section
75008, shall be conducted and provided on an ongoing basis. Crisis
8intervention, as defined in subdivision (e) of Section 5008, may
9be provided concurrently with assessment, evaluation, or any other
10service.
11(b) When determining if a person is a danger to himself or
12herself, or to others, as a result of a mental health disorder, the
13individual making that determination shall consider available
14relevant information about the historical course of the person’s
15mental disorder, as that phrase is defined in Section 5150.05, if
16the individual concludes that the information has a reasonable
17bearing on the determination. For purposes of this section, danger
18is not limited to danger of imminent
harm.
19(c) The professional person in charge of a facility designated
20by the county for evaluation and treatment, member of the
21attending staff, or professional person designated by the county
22shall assess the person to determine whether he or she can be
23properly served without being detained. If, in the judgment of the
24professional person in charge of the facility designated by the
25county for evaluation and treatment, member of the attending staff,
26or professional person designated by the county, the person can
27be properly served without being detained, he or she shall be
28provided evaluation, crisis intervention, or other inpatient or
29outpatient services on a voluntary basis. Nothing in this subdivision
30shall be interpreted to prevent a peace officer from delivering
31individuals to a designated facility for assessment under this
32section.
Furthermore, the assessment requirement of this
33subdivision shall not be interpreted to require peace officers to
34perform any additional duties other than those specified in Sections
355150.1 and 5150.2.
36(d) Whenever a person is evaluated by a professional person in
37charge of a facility designated by the county for evaluation or
38treatment, member of the attending staff, or professional person
39designated by the county and is found to be in need of mental
40health services, but is not admitted to the facility, all available
P4 1alternative services provided pursuant to subdivisionbegin delete (b)end deletebegin insert (c)end insert shall
2be offered as determined by the county mental health director.
3(e) If, in the judgment of the professional person in charge of
4the facility designated by the county for evaluation and treatment,
5member of the attending staff, or the professional person designated
6by the county, the person cannot be properly served without being
7detained, the admitting facility shall require an application in
8writing stating the circumstances under which the person’s
9condition was called to the attention of the peace officer,
10professional person in charge of the facility designated by the
11county for evaluation and treatment, member of the attending staff,
12or professional person designated by the county, and stating that
13the peace officer, professional person in charge of the facility
14designated by the county for evaluation and treatment, member of
15the attending staff, or professional person designated by the county
16has
probable cause to believe that the person is, as a result of a
17mental health disorder, a danger to others, or to himself or herself,
18or gravely disabled. The application shall also record whether the
19historical course of the person’s mental disorder was considered
20in the determination, pursuant to Section 5150.05. If the probable
21cause is based on the statement of a person other than the peace
22officer, professional person in charge of the facility designated by
23the county for evaluation and treatment, member of the attending
24staff, or professional person designated by the county, the person
25shall be liable in a civil action for intentionally giving a statement
26
that he or she knows to be false.
27(f) At the time a person is taken into custody for evaluation, or
28within a reasonable time thereafter, unless a responsible relative
29or the guardian or conservator of the person is in possession of the
30person’s personal property, the person taking him or her into
31custody shall take reasonable precautions to preserve and safeguard
32the personal property in the possession of or on the premises
33occupied by the person. The person taking him or her into custody
34shall then furnish to the court a report generally describing the
35person’s property so preserved and safeguarded and its disposition,
36in substantially the form set forth in Section 5211, except that if
37a responsible relative or the guardian or conservator of the person
38is in possession of the person’s property, the report shall include
39only
the name of the relative or guardian or conservator and the
40location of the property, whereupon responsibility of the person
P5 1taking him or her into custody for that property shall terminate.
2As used in this section, “responsible relative” includes the spouse,
3parent, adult child, domestic partner, grandparent, grandchild, or
4adult brother or sister of the person.
5(g) (1) Each person, at the time he or she is first taken into
6custody under this section, shall be provided, by the person who
7takes him or her into custody, the following information orally in
8a language or modality accessible to the person. If the person
9cannot understand an oral advisement, the information shall be
10provided in writing. The information shall be in substantially the
11following 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. |
24(2) If taken into custody at his or her own residence, the person
25shall also be provided the following information:
27You may bring a few personal items with you, which I will have
28to approve. Please inform me if you need assistance turning off
29any appliance or water. You may make a phone call and leave a
30note to tell your friends or family where you have been taken.
32(h) The designated facility shall keep, for each patient evaluated,
33a record of the advisement given pursuant to subdivisionbegin delete (f)end deletebegin insert
(g)end insert
34 which shall include all of the following:
35(1) The name of the person detained for evaluation.
36(2) The name and position of the peace officer or mental health
37professional taking the person into custody.
38(3) The date the advisement was completed.
39(4) Whether the advisement was completed.
P6 1(5) The language or modality used to give the advisement.
2(6) If the advisement was not completed, a statement of good
3cause, as defined by regulations of the State Department of Health
4Care Services.
5(i) (1) Each person admitted to a facility designated by the
6county for evaluation and treatment shall be given the following
7information by admission staff of the facility. The information
8shall be given orally and in writing and in a language or modality
9accessible to the person. The written information shall be available
10to the person in English and in the language that is the person’s
11primary means of communication. Accommodations for other
12disabilities that may affect communication shall also be provided.
13The 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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9(2) If the notice is given in a county where weekends and
10holidays are excluded from the 72-hour period, the patient shall
11be informed of this fact.
12(j) For each patient admitted for evaluation and treatment, the
13facility shall keep with the patient’s medical record a record of the
14advisement given pursuant to subdivision (i), which shall include
15all of the following:
16(1) The name of the person performing the advisement.
17(2) The date of the advisement.
18(3) Whether the advisement was completed.
19(4) The language or modality used to communicate the
20advisement.
21(5) If the advisement was not completed, a statement of good
22cause.
If the Commission on State Mandates determines that
24this act contains costs mandated by the state, reimbursement to
25local agencies and school districts for those costs shall be made
26pursuant to Part 7 (commencing with Section 17500) of Division
274 of Title 2 of the Government Code.
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