BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1194


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          Date of Hearing:  May 13, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1194 (Eggman) - As Amended May 6, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill requires, when an individual is determining if a  
          person is a danger as a result of a mental health disorder (for  
          the purposes of deciding whether the person meets criteria for a  








                                                                    AB 1194


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          "5150" involuntary hold), the individual to consider available  
          relevant information about the historical course of the person's  
          mental disorder, if the individual concludes that the  
          information has a reasonable bearing on the determination. It  
          also specifies danger is not limited to danger of imminent harm.


          FISCAL EFFECT:


          Negligible state fiscal effect.


          There is a theoretical potential for state-reimbursable mandate  
          costs associated with the requirement that an application for  
          detention must record whether the historical course of the  
          person's mental disorder was taken into consideration, and with  
          the requirement to consider historical course of a mental  
          disorder under certain circumstances.  However, the additional  
          effort required to collect this data appears unlikely to  
          generate significant state-reimbursable costs. 


          COMMENTS:


          1)Purpose. The author argues that this bill simply clarifies  
            that when a person with a mental health disorder is a danger  
            to themselves or others, the term danger is not limited to  
            imminent or immediate risk of harm to themselves or others.   
            Rather, danger constitutes a present risk or harm that  
            requires consideration of the historical course of a person's  
            mental health disorder.  The purpose of this bill is to  
            provide clarity and ensure consistent statewide application of  
            Section 5150 of the Welfare and Institutions Code (WIC), which  
            allows involuntary detention. The author contends standards  
            are applied unevenly. This bill is sponsored by the California  
            Psychiatric Association.









                                                                    AB 1194


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          2)Background. Welfare and Institutions Code Section 5150 allows  
            specified individuals to take a person into custody and place  
            the individual in a facility for 72-hour treatment and  
            evaluation if they believe that, due to a mental disorder, the  
            individual is a danger to himself, herself, or others, or is  
            gravely disabled-i.e., unable to provide for basic personal  
            needs for food, clothing, or shelter due to a mental  
            disability.  The Lanterman-Petris-Short (LPS) Act, of which  
            Section 5150 is a part, attempts to balance constitutional  
            rights to personal liberty with public safety.  


          3)Opposition. Disability Rights California (DRC) was opposed to  
            a similar, prior version of this bill, arguing that it was  
            overly broad and that involuntary detention could occur for  
            anyone with a history of a mental health disability under its  
            provisions.    



          Analysis Prepared by:Lisa Murawski / APPR. / (916)  
          319-2081