BILL NUMBER: AB 1800 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 10, 2000
AMENDED IN ASSEMBLY MAY 2, 2000
AMENDED IN ASSEMBLY APRIL 24, 2000
AMENDED IN ASSEMBLY APRIL 11, 2000
AMENDED IN ASSEMBLY MARCH 23, 2000
INTRODUCED BY Assembly Member Thomson and Senator Perata
(Coauthors: Assembly Members Alquist, Dutra, Jackson, Kuehl,
Lempert, Mazzoni, Soto, and Washington)
JANUARY 27, 2000
An act to amend Section 2600 of the Penal Code, to amend Sections
5008, 5250, 5256.5, 5256.6, 5257, 5300, 5301, 5304, 5332, 5334, 5336,
and 5350 of, to add Section 4013 to, and to add Article 4.8
(commencing with Section 5280) to Chapter 2 of Part 1 of Division 5
of, the Welfare and Institutions Code, relating to health, and making
an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1800, as amended, Thomson. Mental health.
Existing law, the Lanterman-Petris-Short Act, authorizes the
involuntary detention for a period of 72 hours for evaluation of
persons who are dangerous to self or others, or gravely disabled, as
defined. Existing law requires each person admitted to a facility
for 72-hour treatment and evaluation to receive an evaluation as soon
after he or she is admitted as possible and receive whatever
treatment and care his or her condition requires for the full period
that he or she is held. Existing law further provides that if a
person is detained for 72 hours or under court order for evaluation
and has received an evaluation, he or she may be certified for not
more than 14 days of intensive treatment related to the mental
disorder or impairment by chronic alcoholism if certain conditions
are met.
Existing law also provides for a further period of intensive
treatment of 180 days after the expiration of the initial period of
intensive treatment if certain conditions exist.
This bill would extend that period of intensive treatment to one
year and would require that proof of the existence of these
conditions be made by clear and convincing evidence.
This bill would redefine the term gravely disabled for purposes of
the evaluation of persons to appraise their need for intensive
treatment.
Existing law requires that certain procedures be followed in all
cases of involuntary 14-day intensive treatment.
This bill would revise those requirements to, instead, provide for
the placement of certain persons committed for a 72-hour or 14-day
period in community assisted outpatient treatment programs, if
specific conditions exist, and would require that if the patient does
not or cannot abide by the terms of the treatment plan, he or she
shall be returned to inpatient treatment for the remaining days of
the underlying treatment certification. It would also permit persons
diagnosed with severe and persistent mental illness to receive
treatment in community assisted outpatient treatment programs if
certain conditions are met.
Existing law establishes procedures for the provision of
psychotropic drugs to patients who have been certified for
involuntary treatment.
The bill would revise procedures for the determination of whether
a person who is certified to be involuntarily detained for
involuntary care, protection, and treatment lacks capacity to refuse
treatment with psychotropic drugs.
The bill would require the department to provide training and
technical assistance to counties, mental health providers contracting
with the counties, and other individuals, including, but not limited
to, mental health professionals, law enforcement officials, and
certification hearing officers involved in making treatment and
involuntary commitment decisions.
The bill would also require the department to require counties to
submit certain information to the department, and would require the
department to report to the Legislature on or before April 1, 2002,
on the effectiveness of the bill and recommendations relative to how
involuntary treatment is being implemented. By requiring counties to
provide certain information to the department, this bill would
result in a state-mandated local program.
This bill would appropriate $350,000,000 to the State Department
of Mental Health for allocation to participating counties.
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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
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: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2600 of the Penal Code is amended to read:
2600. A person sentenced to imprisonment in a state prison may
during that period of confinement be deprived of such rights, and
only such rights, as is reasonably related to legitimate penological
interests.
Nothing in this section shall be construed to permit the
involuntary administration of psychotropic medication unless the
process specified in the permanent injunction, dated October 31,
1986, in the matter of Keyhea v. Rushen, 178 Cal.App.3d 526, has
been followed. In addition, the process shall utilize the definition
of "gravely disabled" in subdivision (h) of Section 5008 of the
Welfare and Institutions Code, and who are routinely provided with
food, clothing, and shelter by the penal institution. The judicial
hearing for the authorization for the involuntary administration of
psychotropic medication provided for in Part III of the injunction
shall be conducted by an administrative law judge. The hearing may,
at the direction of the director, be conducted at the facility where
the inmate is located.
Nothing in this section shall be construed to overturn the
decision in Thor v. Superior Court, 5 Cal. 4th 725.
SEC. 1.5. Section 4013 is added to the Welfare and Institutions
Code, to read:
4013. (a) The department shall provide training and technical
assistance to counties, mental health providers contracting with the
counties, and other individuals, including, but not limited to,
mental health professionals, law enforcement officials, and
certification hearing officers involved in making treatment and
involuntary commitment decisions.
(b) The training required by subdivision (a) shall include all of
the following:
(1) Information relative to legal requirements for detaining a
person for involuntary inpatient treatment or community-assisted
outpatient care, including criteria to be considered with respect to
determining if a person is considered to be gravely disabled.
(2) Methods for ensuring that decisions made regarding involuntary
treatment as provided for in Sections 5150 and 5250 direct patients
toward the most effective treatment.
SEC. 2. Section 5008 of the Welfare and Institutions Code is
amended to read:
5008. Unless the context otherwise requires, the following
definitions shall govern the construction of this part:
(a) "Evaluation" consists of multidisciplinary professional
analyses of a person's medical, psychological, educational, social,
financial, and legal conditions as may appear to constitute a
problem. Persons providing evaluation services shall be properly
qualified professionals and may be full-time employees of an agency
providing evaluation services or may be part-time employees or may be
employed on a contractual basis.
(b) "Court-ordered evaluation" means an evaluation ordered by a
superior court pursuant to Article 2 (commencing with Section 5200)
or by a court pursuant to Article 3 (commencing with Section 5225) of
Chapter 2.
(c) "Intensive treatment" consists of such hospital and other
services as may be indicated. Intensive treatment shall be provided
by properly qualified professionals and carried out in facilities
qualifying for reimbursement under the California Medical Assistance
Program (Medi-Cal) set forth in Chapter 7 (commencing with Section
14000) of Part 3 of Division 9, or under Title XVIII of the federal
Social Security Act and regulations thereunder. Intensive treatment
may be provided in hospitals of the United States government by
properly qualified professionals. Nothing in this part shall be
construed to prohibit an intensive treatment facility from also
providing 72-hour treatment and evaluation.
(d) "Referral" is referral of persons by each agency or facility
providing intensive treatment or evaluation services to other
agencies or individuals. The purpose of referral shall be to provide
for continuity of care, and may include, but need not be limited to,
informing the person of available services, making appointments on
the person's behalf, discussing the person's problem with the agency
or individual to which the person has been referred, appraising the
outcome of referrals, and arranging for personal escort and
transportation when necessary. Referral shall be considered complete
when the agency or individual to whom the person has been referred
accepts responsibility for providing the necessary services. All
persons shall be advised of available precare services which prevent
initial recourse to hospital treatment or aftercare services which
support adjustment to community living following hospital treatment.
These services may be provided through county welfare departments,
State Department of Mental Health, Short-Doyle programs or other
local agencies.
Each agency or facility providing evaluation services shall
maintain a current and comprehensive file of all community services,
both public and private. These files shall contain current
agreements with agencies or individuals accepting referrals, as well
as appraisals of the results of past referrals.
(e) "Crisis intervention" consists of an interview or series of
interviews within a brief period of time, conducted by qualified
professionals, and designed to alleviate personal or family
situations which present a serious and imminent threat to the health
or stability of the person or the family. The interview or
interviews may be conducted in the home of the person or family, or
on an inpatient or outpatient basis with such therapy, or other
services, as may be appropriate. Crisis intervention may, as
appropriate, include suicide prevention, psychiatric, welfare,
psychological, legal, or other social services.
(f) "Prepetition screening" is a screening of all petitions for
court-ordered evaluation as provided in Article 2 (commencing with
Section 5200) of Chapter 2, consisting of a professional review of
all petitions; an interview with the petitioner and, whenever
possible, the person alleged, as a result of mental disorder, to be a
danger to others, or to himself or herself, or to be gravely
disabled, to assess the problem and explain the petition; when
indicated, efforts to persuade the person to receive, on a voluntary
basis, comprehensive evaluation, crisis intervention, referral, and
other services specified in this part.
(g) "Conservatorship investigation" means investigation by an
agency appointed or designated by the governing body of cases in
which conservatorship is recommended pursuant to Chapter 3
(commencing with Section 5350).
(h) (1) For purposes of Article 1 (commencing with Section 5150),
Article 2 (commencing with Section 5200), and Article 4 (commencing
with Section 5250) of Chapter 2, and for the purposes of Chapter 3
(commencing with Section 5350), "gravely disabled" means either of
the following:
(A) (i) A condition in which a person, as a result of a
mental disorder, is unable to provide for his or her basic personal
needs for food, clothing, or shelter, or presents, as a result of
mental disorder, an acute risk of physical or psychiatric harm to the
person in the absence of treatment.
(ii) For purposes of clause (i), "psychiatric harm" means an
exacerbation or escalation of symptoms or behaviors during the 30
days prior to detention that render it more likely than not that the
person will be unable to provide for his or her basic needs or become
dangerous to self or others.
(B) A condition in which a person, has been found mentally
incompetent under Section 1370 of the Penal Code and all of the
following facts exist:
(i) The indictment or information pending against the defendant at
the time of commitment charges a felony involving death, great
bodily harm, or a serious threat to the physical well-being of
another person.
(ii) The indictment or information has not been dismissed.
(iii) As a result of mental disorder, the person is unable to
understand the nature and purpose of the proceedings taken against
him or her and to assist counsel in the conduct of his or her defense
in a rational manner.
(2) For purposes of Article 3 (commencing with Section 5225) and
Article 4 (commencing with Section 5250), of Chapter 2, and for the
purposes of Chapter 3 (commencing with Section 5350), "gravely
disabled" means a condition in which a person, as a result of
impairment by chronic alcoholism, is unable to provide for his or her
basic personal needs for food, clothing, or shelter.
(3) The term "gravely disabled" does not include mentally retarded
persons by reason of being mentally retarded alone.
(i) "Peace officer" means a duly sworn peace officer as that term
is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 of the Penal Code who has completed the basic training course
established by the Commission on Peace Officer Standards and
Training, or any parole officer or probation officer specified in
Section 830.5 of the Penal Code when acting in relation to cases for
which he or she has a legally mandated responsibility.
(j) "Postcertification treatment" means an additional period of
treatment pursuant to Article 6 (commencing with Section 5300) of
Chapter 2.
(k) "Court," unless otherwise specified, means a court of record.
(l) "Antipsychotic medication" means any medication customarily
prescribed for the treatment of symptoms of psychoses and other
severe mental and emotional disorders.
(m) "Emergency" means a situation in which action to impose
treatment over the person's objection is immediately necessary for
the preservation of life or the prevention of serious bodily harm to
the patient or others, and it is impracticable to first gain consent.
It is not necessary for harm to take place or become unavoidable
prior to treatment.
SEC. 3. Section 5250 of the Welfare and Institutions Code is
amended to read:
5250. If a person is detained for 72 hours under the provisions
of Article 1 (commencing with Section 5150), or under court order for
evaluation pursuant to Article 2 (commencing with Section 5200) or
Article 3 (commencing with Section 5225) and has received an
evaluation, he or she may be certified for not more than 14 days of
intensive treatment related to the mental disorder or impairment by
chronic alcoholism, under the following conditions:
(a) The professional staff of the agency or facility providing
evaluation services has analyzed the person's condition and has found
the person is, as a result of mental disorder or impairment by
chronic alcoholism, a danger to others, or to himself or herself, or
gravely disabled.
(b) The facility providing intensive treatment is designated by
the county to provide intensive treatment, and agrees to admit the
person. No facility shall be designated to provide intensive
treatment unless it complies with the certification review hearing
required by this article. The procedures shall be described in the
county Short-Doyle plan.
(c) The person has been advised of the need for, but has not been
willing or able to accept, treatment on a voluntary basis.
(d) (1) Notwithstanding paragraph (1) of subdivision (h) of
Section 5008, a person is not "gravely disabled" if that person can
survive safely without involuntary detention with the help of
responsible family, friends, or others who are both willing and able
to help provide for the person's basic personal needs for food,
clothing, or shelter and who are willing and able to assist the
person in meeting his or her medical and psychiatric needs.
(2) However, unless they specifically indicate in writing their
willingness and ability to help, family, friends, or others shall not
be considered willing or able to provide this help.
(3) The purpose of this subdivision is to avoid the necessity for,
and the harmful effects of, requiring family, friends, and others to
publicly state, and requiring the certification review officer to
publicly find, that no one is willing or able to assist the mentally
disordered person in providing for the person's basic needs for food,
clothing, or shelter.
SEC. 4. Section 5256.5 of the Welfare and Institutions Code is
amended to read:
5256.5. If at the conclusion of the certification review hearing
the person conducting the hearing finds that there is not probable
cause to believe that the person certified should be involuntarily
detained, then the person certified may no longer be involuntarily
detained. Nothing in this section shall prohibit the person from
remaining at the facility on a voluntary basis or the facility from
providing the person with appropriate referral information concerning
mental health services.
SEC. 5. Section 5256.6 of the Welfare and Institutions Code is
amended to read:
5256.6. (a) If at the conclusion of the certification review
hearing the person conducting the hearing determines that there is
probable cause to believe that the person certified should be
involuntarily detained, that person may be detained for involuntary
care, protection, and treatment related to the mental disorder or
impairment by chronic alcoholism for which he or she is involuntarily
detained.
(b) If the person certified refuses treatment with psychotropic
medication within the meaning of Section 5332, the person conducting
the hearing shall also determine whether the person certified lacks
capacity to make an informed refusal of the treatment. If the
hearing officer determines that the person certified lacks capacity
to refuse the treatment, the person certified may be treated with
psychotropic medications without consent during the period of
certification.
(c) At the request of the patient, the decisions of the
certification hearing officer may be reviewed by the court pursuant
to Section 5275. The court shall consider issues of the patient's
capacity by hearing evidence de novo, as provided in subdivision (f)
of Section 5334. Unless good cause is shown to the contrary, all
capacity hearings in the superior court relating to the patient's
capacity to refuse treatment by psychotropic medications shall be
heard concurrently with the judicial review provided for in Section
5275.
(d) If the person conducting the certification hearing determines
that the patient does not lack capacity to refuse treatment by
psychotropic medications, judicial review of the decision may be
initiated by the director or the director's designee pursuant to
subdivision (b) of Section 5333 and paragraph (2) of subdivision (e)
of Section 5334. The superior court shall conduct the hearing de
novo, as provided in subdivision (f) of Section 5334.
(e) If any person is certified for intensive medical treatment
pursuant to this section, the agency or facility providing the
treatment shall acquire his or her medication history.
SEC. 6. Section 5257 of the Welfare and Institutions Code is
amended to read:
5257. During the period of intensive treatment pursuant to
Section 5250 or 5270.15, only if the psychiatrist directly
responsible for the person's treatment believes, as a result of his
or her personal observations, that the person certified no longer is,
as a result of mental disorder or impairment by chronic alcoholism,
a danger to others, or to himself or herself, or gravely disabled,
then the person's involuntary detention shall end and the person
shall be released. If any other professional person who is
authorized to release the person believes the person should be
released during the designated period of intensive treatment, and the
psychiatrist directly responsible for the person's treatment
objects, the matter shall be referred to the medical director of the
facility for the final decision. However, if the medical director is
not a psychiatrist, he or she shall appoint a designee who is a
psychiatrist. If the matter is referred, the person shall be
released during the period of intensive treatment only if the
psychiatrist making the final decision believes, as a result of his
or her personal observations, that the person certified no longer is,
as a result of mental disorder or impairment by chronic alcoholism,
a danger to others, or to himself or herself, or gravely disabled.
Nothing in this section shall prohibit either the person remaining at
the facility on a voluntary basis or the facility from providing the
person with appropriate referral information concerning mental
health services.
A person who has been certified for a period of intensive
treatment pursuant to Section 5250 shall be released at the end of 14
days unless the patient either:
(a) Agrees to receive further treatment on a voluntary basis.
(b) Is certified for an additional 180 days of community assisted
outpatient treatment pursuant to Article 4.5 (commencing with Section
5260).
(c) Is certified for an additional 14 days of intensive treatment
pursuant to Article 4.5 (commencing with Section 5260).
(d) Is certified for an additional 30 days of intensive treatment
pursuant to Article 4.7 (commencing with Section 5270.10).
(e) Is the subject of a conservatorship petition filed pursuant to
Chapter 3 (commencing with Section 5350).
(f) Is the subject of a Petition for Postcertification of a
Dangerous Person filed pursuant to Article 6 (commencing with Section
5300).
SEC. 7. Article 4.8 (commencing with Section 5280) is added to
Chapter 2 of Part 1 of Division 5 of the Welfare and Institutions
Code, to read:
Article 4.8. Community Assisted Outpatient Treatment Programs
5280. Persons committed pursuant to Sections 5150, 5250, 5260,
and 5270.15 shall be placed in community assisted outpatient
treatment programs for 180 days if all of the following conditions
exist:
(a) A hearing officer finds that he or she requires continuing
treatment and care under supervised conditions to maintain and
improve recovery and the person is sufficiently stable to benefit
from community treatment in an appropriate unlocked setting.
(b) The person agrees to community assisted outpatient treatment.
(c) The person does not present an immediate harm to self or
others.
(d) A community treatment plan is prepared by the
multidisciplinary outpatient treatment team.
5280.1. A community assisted outpatient treatment program shall
include all of the following:
(a) (1) A multidisciplinary team of providers consisting of a
combination of physicians, psychologists, and other licensed mental
health providers, nurses, social workers, substance abuse
specialists, vocational rehabilitation counselors, peer counselors,
and an assisted outpatient care expediter. This team shall, in
consultation with the client and any family members involved in the
client's day-to-day care, develop and implement an individualized
community assisted outpatient treatment program to ensure the client
receives all necessary support and care to maximize the effectiveness
of treatment and reduce the risk of noncompliance and subsequent
custodial retention pursuant to Section 5150.
(2) For purposes of this article, "assisted outpatient care
expediter" means one who will coordinate all services provided to the
client pursuant to this section.
(b) The treatment plan shall include all of the following:
(1) Immediate crisis response 24 hours a day, seven days a week.
(2) Direct coordination of all medical, psychiatric, and general
health care.
(3) Help in managing symptoms of mental illness.
(4) Provision and supervision of prescribed medication.
(5) Supportive therapy including dual diagnosis.
(6) Periodic blood or urine testing to verify compliance, if the
treatment team has reason to believe that the patient is not
complying with the treatment plan, and the tests are mandated by
court order.
(7) Individual or group therapy, or both.
(8) Day or partial day programs.
(9) Family support and outreach.
(10) Client-site requested support in coping with life's daily
demands including assistance with any or all of the following:
(A) Obtaining financial entitlements through the federal
Supplemental Security Income (SSI) program, the federal Social
Security Disability Insurance (SSDI) program, and the Medi-Cal
program.
(B) Obtaining available insurance coverage.
(C) Accessing housing and residential vouchers.
(D) Learning how to live independently or with a roommate.
(E) Accessing treatment for coexisting substance abuse.
(F) Accessing vocational service and helping to find employment.
(G) Dealing with legal issues.
5281. In the event the patient does not or cannot abide by the
terms of the agreed upon community treatment plan, including
medication compliance, and the person poses an acute risk of physical
or psychiatric deterioration, the person may, by court order, be
returned to inpatient treatment for the remaining days of the
underlying involuntary treatment certification.
5282. Persons diagnosed with severe and persistent mental illness
may receive treatment in community assisted outpatient treatment
programs for 180 days if all of the following requirements are met:
(a) The person agrees to community assisted outpatient treatment.
(b) The person does not present an immediate harm to self or
others.
(c) A community treatment plan is prepared by the
multidisciplinary outpatient treatment team and is agreed to by all
parties.
SEC. 8. Section 5300 of the Welfare and Institutions Code is
amended to read:
5300. (a) At the expiration of the 14-day period of intensive
treatment, a person may be confined for further treatment pursuant to
the provisions of this article for an additional period, not to
exceed one year if it is proved beyond a reasonable doubt that one of
the following exists:
(1) The person has attempted, inflicted, or made a serious threat
of substantial physical harm upon the person of another after having
been taken into custody, and while in custody, for evaluation and
treatment, and who, as a result of mental disorder or mental defect,
presents a demonstrated danger of inflicting substantial physical
harm upon others.
(2) The person had attempted, or inflicted physical harm upon the
person of another, that act having resulted in his or her being taken
into custody and who presents, as a result of mental disorder or
mental defect, a demonstrated danger of inflicting substantial
physical harm upon others.
(3) The person had made a serious threat of substantial physical
harm upon the person of another within seven days of being taken into
custody, that threat having at least in part resulted in his or her
being taken into custody, and the person presents, as a result of
mental disorder or mental defect, a demonstrated danger of inflicting
substantial physical harm upon others.
(b) Any commitment to a licensed health facility under this
article places an affirmative obligation on the facility to provide
treatment for the underlying causes of the person's mental disorder.
(c) Amenability to treatment is not required for a finding that
any person is a person as described in paragraph (1), (2), or (3) of
subdivision (a). Treatment programs need only be made available to
these persons. Treatment does not mean that the treatment be
successful or potentially successful, and it does not mean that the
person must recognize his or her problem and willingly participate in
the treatment program.
SEC. 9. Section 5301 of the Welfare and Institutions Code is
amended to read:
5301. At any time during the 14-day intensive treatment period
the professional person in charge of the licensed health facility, or
his or her designee, may ask the public officer required by Section
5114 to present evidence at proceedings under this article to
petition the superior court in the county in which the licensed
health facility providing treatment is located for an order requiring
the person to undergo an additional period of treatment on the
grounds set forth in Section 5300. The petition shall summarize the
facts that support the contention that the person falls within the
standard set forth in Section 5300. The petition shall be supported
by affidavits describing in detail the behavior that indicates that
the person falls within the standard set forth in Section 5300.
Copies of the petition for postcertification treatment and the
affidavits in support thereof shall be served upon the person named
in the petition on the same day as they are filed with the clerk of
the superior court.
The petition shall be in the following form:
Petition for Postcertification Treatment of a Dangerous
Person
I, ____, (the professional person in charge of the ____ intensive
treatment facility) (the designee of ____ the professional person in
charge of the ____, treatment facility) in which ____ has been under
treatment pursuant to the certification by ____ and ____, hereby
petition the court for an order requiring ____ to undergo an
additional period of treatment, not to exceed one year, pursuant to
the provisions of Article 6 (commencing with Section 5300) of Chapter
2 of Part 1 of Division 5 of the Welfare and Institutions Code. The
petition is based upon my allegation that (a) ____ has attempted,
inflicted, or made a serious threat of substantial physical harm upon
the person of another after having been taken into custody, and
while in custody, for evaluation, and that, by reason of mental
disorder or mental defect, presents a demonstrated danger of
inflicting substantial physical harm upon others, or that (b) ____
had attempted or inflicted physical harm upon the person of another,
that act having resulted in his or her being taken into custody, and
that he or she presents, as a result of mental disorder or mental
defect, a demonstrated danger of inflicting substantial physical harm
upon others, or that (c) ____ had made a serious threat of
substantial physical harm upon the person of another within seven
days of being taken into custody, that threat having at least in part
resulted in his or her being taken into custody, and that he or she
presents, as a result of mental disorder or mental defect, a
demonstrated danger of inflicting substantial physical harm upon
others.
My allegation is based upon the following facts:
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
This allegation is supported by the accompanying affidavits signed
by ____________.
Signed __________________
The courts may receive the affidavits in evidence and may allow
the affidavits to be read to the jury and the contents thereof
considered in rendering a verdict, unless counsel for the person
named in the petition subpoenas the treating professional person. If
the treating professional person is subpoenaed to testify, the
public officer, pursuant to Section 5114, shall be entitled to a
continuance of the hearing or trial.
SEC. 10. Section 5304 of the Welfare and Institutions Code is
amended to read:
5304. (a) The court shall remand a person named in the petition
for postcertification treatment to the custody of the State
Department of Mental Health or to a licensed health facility
designated by the county of residence of that person for a further
period of intensive treatment not to exceed one year from the date of
court judgment, if the court or jury, beyond a reasonable doubt,
finds that the person named in the petition for postcertification
treatment has done any of the following:
(1) Attempted, inflicted, or made a serious threat of substantial
physical harm upon the person of another after having been taken into
custody, and while in custody, for evaluation and treatment, and
who, as a result of mental disorder or mental defect, presents a
demonstrated danger of inflicting substantial physical harm upon
others.
(2) Attempted or inflicted physical harm upon the person of
another, that act having resulted in his or her being taken into
custody, and who, as a result of mental disorder or mental defect,
presents a demonstrated danger of inflicting substantial physical
harm upon others.
(3) Expressed a serious threat of substantial physical harm upon
the person of another within seven days of being taken into custody,
that threat having at least in part resulted in his or her being
taken into custody, and who presents, as a result of mental disorder
or mental defect, a demonstrated danger of inflicting substantial
physical harm upon others.
(b) The person shall be released from involuntary treatment at the
expiration of one year unless the public officer, pursuant to
Section 5114, files a new petition for postcertification treatment on
the grounds that he or she has attempted, inflicted, or made a
serious threat of substantial physical harm upon another during his
or her period of postcertification treatment, and he or she is a
person who by reason of mental disorder or mental defect, presents a
demonstrated danger of inflicting substantial physical harm upon
others. The new petition for postcertification treatment shall be
filed in the superior court in which the original petition for
postcertification was filed.
(c) The county from which the person was remanded shall bear any
transportation costs incurred pursuant to this section.
SEC. 11. Section 5332 of the Welfare and Institutions Code is
amended to read:
5332. (a) Antipsychotic medication, as defined in subdivision (l)
of Section 5008, may be administered to any person subject to
detention pursuant to Section 5150, 5250, 5260, or 5270.15, if that
person does not refuse that medication following disclosure of the
right to refuse medication as well as information required to be
given to persons pursuant to subdivision (c) of Section 5152 and
subdivision (b) of Section 5213.
(b) If any person subject to detention pursuant to Section 5150,
5250, 5260, or 5270.15, and for whom antipsychotic medication has
been prescribed, orally refuses or gives other indication of refusal
of treatment with that medication, the medication shall only be
administered when treatment staff have considered and determined that
treatment alternatives to involuntary medication are unlikely to
meet the needs of the patient, and upon a determination of that
person's incapacity to refuse the treatment, in a hearing held for
that purpose.
(c) For those patients who have not already been determined to
lack the capacity to refuse treatment with psychotropic medications
pursuant to Section 5256.6, each hospital in conjunction with the
hospital medical staff or any other treatment facility in conjunction
with its clinical staff shall develop internal procedures for
facilitating the filing of petitions for capacity hearings and other
activities required pursuant to this chapter. At the time a facility
providing intensive medical treatment under this section notifies
the court of the certifications for additional treatment, the
facility shall also notify the court that the patient is refusing
psychotropic medication and whether the patient has requested a
finding regarding his or her capacity to refuse the psychotropic
medication.
(d) In the case of an emergency, as defined in subdivision (m) of
Section 5008, a person detained pursuant to Section 5150, 5250, 5260,
or 5270.15 may be treated with antipsychotic medication over his or
her objection prior to a capacity hearing, but only with
antipsychotic medication that is required to treat the emergency
condition, which shall be provided in the manner least restrictive to
the personal liberty of the patient. It is not necessary for harm
to take place or become unavoidable prior to intervention.
(e) If any person is certified for intensive medical treatment
pursuant to this section, the agency or facility providing the
treatment shall acquire his or her medication history.
SEC. 12. Section 5334 of the Welfare and Institutions Code is
amended to read:
5334. (a) Capacity hearings required by Section 5332 shall be
heard within 24 hours of the filing of the petition whenever
possible. However, if any party needs additional time to prepare for
the hearing, the hearing shall be postponed for 24 hours. In case
of hardship, hearings may also be postponed for an additional 24
hours, pursuant to local policy developed by the county mental health
director and the presiding judge of the superior court regarding the
scheduling of hearings. The policy developed pursuant to this
subdivision shall specify procedures for the prompt filing and
processing of petitions to ensure that the deadlines set forth in
this section are met, and shall take into consideration the
availability of advocates and the treatment needs of the patient. In
no event shall hearings be held beyond 72 hours of the filing of the
petition. The person who is the subject of the petition and his or
her advocate or counsel shall receive a copy of the petition at the
time it is filed.
(b) Capacity hearings shall be held in an appropriate location at
the facility where the person is receiving treatment, and shall be
held in a manner compatible with, and the least disruptive of, the
treatment being provided to the person.
(c) Capacity hearings shall be conducted by those individuals
authorized to conduct certification review hearings pursuant to
Section 5256.1. All hearing officers shall receive training in the
issues specific to capacity hearings.
(d) The person who is the subject of the capacity hearing shall be
given oral notification of the determination at the conclusion of
the capacity hearing. As soon thereafter as is practicable, the
person, his or her counsel or advocate, and the director of the
facility where the person is receiving treatment shall be provided
with written notification of the capacity determination, which shall
include a statement of the evidence relied upon and the reasons for
the determination. A copy of the determination shall be submitted to
the superior court.
(e) (1) The person who is the subject of the capacity hearing may
appeal the determination to the superior court or the court of
appeal.
(2) The person who has filed the original petition for a capacity
hearing may request the district attorney or county counsel in the
county in which the person is receiving treatment to appeal the
determination to the superior court or the court of appeal, on behalf
of the state.
(3) Nothing shall prohibit treatment from being initiated pending
appeal of a determination of incapacity pursuant to this section.
(4) Nothing in this section shall be construed to preclude the
right of a person to bring a writ of habeas corpus pursuant to
Section 5275, subject to the provisions of this chapter.
(f) All appeals to the superior court pursuant to this section
shall be subject to de novo review.
SEC. 13. Section 5336 of the Welfare and Institutions Code is
amended to read:
5336. Any determination of a person's incapacity to refuse
treatment with antipsychotic medication made pursuant to Section
5256.6 or 5334 shall remain in effect only for the duration of the
detention period described in Section 5150 or 5250, or both, or until
capacity has been restored according to standards developed pursuant
to subdivision (c) of Section 5332, or by court determination,
whichever is sooner.
SEC. 14. Section 5350 of the Welfare and Institutions Code is
amended to read:
5350. A conservator of the person, of the estate, or of the
person and the estate may be appointed for any person who is gravely
disabled as a result of mental disorder or impairment by chronic
alcoholism.
The procedure for establishing, administering, and terminating a
conservatorship under this chapter shall be the same as that provided
in Division 4 (commencing with Section 1400) of the Probate Code,
except as follows:
(a) A conservator may be appointed for a gravely disabled minor.
(b) (1) Appointment of a conservator under this part, including
the appointment of a conservator for a person who is gravely
disabled, as defined in subparagraph (A) of paragraph (1) of
subdivision (h) of Section 5008, shall be subject to the list of
priorities in Section 1812 of the Probate Code unless the officer
providing conservatorship investigation recommends otherwise to the
superior court.
(2) In appointing a conservator, as defined in subparagraph (B) of
paragraph (1) of subdivision (h) of Section 5008, the court shall
consider the purposes of protection of the public and the treatment
of the conservatee.
(c) No conservatorship of the estate pursuant to this chapter
shall be established if a conservatorship or guardianship of the
estate exists under the Probate Code. When a gravely disabled person
already has a guardian or conservator of the person appointed under
the Probate Code, the proceedings under this chapter shall not
terminate the prior proceedings but shall be concurrent with and
superior thereto. The superior court may appoint the existing
guardian or conservator of the person or another person as
conservator of the person under this chapter.
(d) The person for whom conservatorship is sought shall have the
right to demand a court or jury trial on the issue whether he or she
is gravely disabled. The issue shall be proved beyond a reasonable
doubt. Demand for court or jury trial shall be made within five days
following the hearing on the conservatorship petition. If the
proposed conservatee demands a court or jury trial before the date of
the hearing as provided for in Section 5365, the demand shall
constitute a waiver of the hearing.
Court or jury trial shall commence within 10 days of the date of
the demand, except that the court shall continue the trial date for a
period not to exceed 15 days upon the request of counsel for the
proposed conservatee.
This right shall also apply in subsequent proceedings to
reestablish conservatorship.
(e) (1) Notwithstanding subparagraph (A) of paragraph (1) of
subdivision (h) of Section 5008, a person is not "gravely disabled"
if that person can survive safely without involuntary detention with
the help of responsible family, friends, or others who are both
willing and able to help provide for the person's basic personal
needs for food, clothing, or shelter and who are willing and able to
assist the person in meeting his or her other medical and psychiatric
needs.
(2) However, unless they specifically indicate in writing their
willingness and ability to help, family, friends, or others shall not
be considered willing or able to provide this help.
(3) The purpose of this subdivision is to avoid the necessity for,
and the harmful effects of, requiring family, friends, and others to
publicly state, and requiring the court to publicly find, that no
one is willing or able to assist the mentally disordered person in
providing for the person's basic needs for food, clothing, or
shelter.
(4) This subdivision does not apply to a person who is gravely
disabled, as defined in subparagraph (B) of paragraph (1) of
subdivision (h) of Section 5008.
(f) Conservatorship investigation shall be conducted pursuant to
this part and shall not be subject to Section 1826 or Chapter 2
(commencing with Section 1850) of Part 3 of Division 4 of the Probate
Code.
(g) Notice of proceedings under this chapter shall be given to a
guardian or conservator of the person or estate of the proposed
conservatee appointed under the Probate Code.
(h) As otherwise provided in this chapter.
SEC. 15. (a) The State Department of Mental Health shall require
counties to submit data and progress reports to the department,
including, but not limited to, the numbers of persons being assigned
to involuntary inpatient and outpatient treatment, the length of time
for which persons are detained and treated involuntarily for
inpatient and outpatient treatment, changes in mental health
treatment utilization patterns, and the effectiveness of community
assisted outpatient treatment programs.
(b) On or before April 1, 2002, the department shall report to the
Legislature, based on the information it collects from counties, on
the effectiveness of this act.
(c) This report shall include recommendations to the Legislature
relative to how the involuntary treatment is being implemented,
whether further involuntary treatment policy changes are recommended,
and whether inpatient and community-assisted outpatient mental
health services are effective and warrant additional funding.
SEC. 16. The sum of three hundred fifty million dollars
($350,000,000) is hereby appropriated from the General Fund to the
State Department of Mental Health, in augmentation of Item
4440-101-0001 of the Budget Act of 2000, for allocation to those
counties that implement a community assisted outpatient program
pursuant to this act. Up to 25 percent of each qualifying county's
share may be used for short-term inpatient services if it is deemed
appropriate by the county department of mental health to ensure the
availability of the appropriate level of mental health treatment
services.
SEC. 17. Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.