BILL ANALYSIS Ó AB 1194 Page 1 Date of Hearing: May 13, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 1194 (Eggman) - As Amended May 6, 2015 ----------------------------------------------------------------- |Policy |Health |Vote:|16 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 "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 Page 3 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