Amended in Senate April 16, 2015

Senate Bill No. 130

Introduced by Senator Roth

January 22, 2015

An act to amend Section begin delete 5600.3 of the Welfare and Institutions Code, relating to mental health. end delete begin insert 987.005 of the Military and Veterans Code, relating to veterans. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 130, as amended, Roth. begin delete Mental Health. end delete begin insert Veterans: mental health. end insert

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Existing law, the Veterans Housing and Homelessness Prevention Act of 2014, requires the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs to establish and implement programs to assist veterans at risk for homelessness or experiencing temporary or chronic homelessness. Existing law, as added by Proposition 41 on the June 3, 2014, statewide primary election, authorizes the state to sell $600,000,000 in general obligation bonds to fund affordable multifamily housing for low-income and homeless veterans, as specified. Proposition 41 authorizes the Legislature to amend its provisions for purposes of improving efficiency, effectiveness, and accountability, or for the purpose of furthering overall program costs, by a majority vote.

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This bill would require the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs to establish a grant process to provide grants to entities that provide supportive services as part of housing programs established under the Veterans Housing and Homelessness Prevention Act of 2014. The bill would provide that implementation of this grant process would be subject to appropriation by the Legislature.

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Existing law requires every county to establish a community mental health service. Existing law requires cities and counties to use specified funds to establish and maintain a local health and welfare trust fund. To the extent resources are available, existing law directs that the primary goal of the use of the mental health account in that trust fund is to serve specified populations.

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This bill would make technical, nonsubstantive changes to those provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 987.005 of the end insert begin insert Military and Veterans
Code end insert begin insert is amended to read: end insert

987.005.  

(a) The departments shall establish and implement
programs pursuant to the purposes of this article that focus on
veterans at risk for homelessness or experiencing temporary or
chronic homelessness. To the extent feasible, the departments shall
establish and implement programs that, among other things, do
the following:

(1) Leverage public (federal, state, and local), private, and
nonprofit program and fiscal resources.

(2) Prioritize projects that combine housing and supportive
services, including, but not limited to, job training, mental health
and drug treatment, case management, care coordination, or
physical rehabilitation.

(3) Promote public and private partnerships.

(4) Foster innovative financing opportunities.

(5) Ensure program guidelines and terms provide threshold
requirements or scoring criteria, or both, to advance applicants
with experience in combining permanent or transitional housing,
or both, with supportive services for veterans, or for partnering
with housing developers or service providers with experience
offering housing or services to veterans.

(b) The departments shall ensure at least 50 percent of funds
awarded for capital development under this article provide housing
to veteran households with extremely low incomes, as defined in
Section 50106 of the Health and Safety Code.

(1) In determining whether a potential tenant is eligible for
supportive, affordable, or transitional housing targeted to extremely
low income households under this provision, eligibility shall take
into consideration all of a household’s income sources upon initial
tenancy.

(2) At least 60 percent of units funded targeting extremely low
income households shall be supportive housing.

(3) This section shall not deter the departments from funding
projects serving mixed-income populations.

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(c) In order to implement subdivision (a) and the programs
established pursuant to this article, the departments shall establish
a grant process for purposes of funding supportive services for
veterans, including, but not limited to, job training, mental health
and drug treatment, case management, care coordination, or
physical rehabilitation. Pursuant to that grant process, the
departments shall award grants to those entities that provide
supportive services for veterans based on the efficiency and
effectiveness of the supportive services provided. Implementation
of this subdivision shall be subject to appropriation by the
Legislature.

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(c)

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begin insert (d) end insert  The departments may review, adopt, amend, and repeal
guidelines or terms, or both, to implement this article. Any
guidelines or terms adopted to implement this article shall not be
subject to Chapter 3.5 (commencing with Section 11340) of Part
1 of Division 3 of Title 2 of the Government Code.

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(d)

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begin insert (e) end insert  Nothing in this article permits the departments or the board
to purchase, operate, or manage properties except in the event of
a foreclosure on a borrower or grantee.

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SECTION 1.  

Section 5600.3 of the Welfare and Institutions
Code is amended to read:

5600.3.  

To the extent resources are available, the primary goal
of the use of funds deposited in the mental health account of the
local health and welfare trust fund should be to serve the target
populations identified in the following categories, which shall not
be construed as establishing an order of priority:

(a) (1) Seriously emotionally disturbed children or adolescents.

(2) For the purposes of this part, “seriously emotionally
disturbed children or adolescents” means minors under the age of
18 years who have a mental disorder as identified in the most recent
edition of the Diagnostic and Statistical Manual of Mental
Disorders, other than a primary substance use disorder or
developmental disorder, which results in behavior inappropriate
to the child’s age according to expected developmental norms.

(3) Members of this target population shall meet one or more
of the following criteria:

(A) As a result of the mental disorder, the child has substantial
impairment in at least two of the following areas: self-care, school
functioning, family relationships, or ability to function in the
community; and either of the following occur:

(i) The child is at risk of removal from home or has already
been removed from the home.

(ii) The mental disorder and impairments have been present for
more than six months or are likely to continue for more than one
year without treatment.

(B) The child displays one of the following: psychotic features,
risk of suicide, or risk of violence due to a mental disorder.

(C) The child meets special education eligibility requirements
under Chapter 26.5 (commencing with Section 7570) of Division
7 of Title 1 of the Government Code.

(b) (1) Adults and older adults who have a serious mental
disorder.

(2) For the purposes of this part, “serious mental disorder”
means a mental disorder that is severe in degree and persistent in
duration, which may cause behavioral functioning which interferes
substantially with the primary activities of daily living, and which
may result in an inability to maintain stable adjustment and
independent functioning without treatment, support, and
rehabilitation for a long or indefinite period of time. Serious mental
disorders include, but are not limited to, schizophrenia, bipolar
disorder, post-traumatic stress disorder, as well as major affective
disorders or other severely disabling mental disorders. This section
shall not be construed to exclude persons with a serious mental
disorder and a diagnosis of substance abuse, developmental
disability, or other physical or mental disorder.

(3) Members of this target population shall meet all of the
following criteria:

(A) The person has a mental disorder as identified in the most
recent edition of the Diagnostic and Statistical Manual of Mental
Disorders, other than a substance use disorder or developmental
disorder or acquired traumatic brain injury pursuant to subdivision
(a) of Section 4354 unless that person also has a serious mental
disorder as defined in paragraph (2).

(B) (i) As a result of the mental disorder, the person has
substantial functional impairments or symptoms, or a psychiatric
history demonstrating that without treatment there is an imminent
risk of decompensation to having substantial impairments or
symptoms.

(ii) For the purposes of this part, “functional impairment” means
being substantially impaired as the result of a mental disorder in
independent living, social relationships, vocational skills, or
physical condition.

(C) As a result of a mental functional impairment and
circumstances, the person is likely to become so disabled as to
require public assistance, services, or entitlements.

(4) For the purpose of organizing outreach and treatment options,
to the extent resources are available, this target population includes,
but is not limited to, any of the following persons:

(A) Homeless persons who are mentally ill.

(B) Persons evaluated by appropriately licensed persons as
requiring care in acute treatment facilities including state hospitals,
acute inpatient facilities, institutes for mental disease, and crisis
residential programs.

(C) Persons arrested or convicted of crimes.

(D) Persons who require acute treatment as a result of a first
episode of mental illness with psychotic features.

(5) California veterans in need of mental health services and
who meet the existing eligibility requirements of this section, shall
be provided services to the extent services are available to other
adults pursuant to this section. Veterans who may be eligible for
mental health services through the United States Department of
Veterans Affairs should be advised of these services by the county
and assisted in linking to those services.

(A) No eligible veteran shall be denied county mental health
services based solely on his or her status as a veteran.

(B) Counties shall refer a veteran to the county veterans service
officer, if any, to determine the veteran’s eligibility for, and the
availability of, mental health services provided by the United States
Department of Veterans Affairs or other federal health care
provider.

(C) Counties should consider contracting with community-based
veterans’ services agencies, where possible, to provide high-quality,
veteran specific mental health services.

(c) Adults or older adults who require or are at risk of requiring
acute psychiatric inpatient care, residential treatment, or outpatient
crisis intervention because of a mental disorder with symptoms of
psychosis, suicidality, or violence.

(d) Persons who need brief treatment as a result of a natural
disaster or severe local emergency.

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