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SB-565 Mental health: involuntary commitment.(2017-2018)

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Date Published: 03/23/2017 09:00 PM
SB565:v98#DOCUMENT

Amended  IN  Senate  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 565


Introduced by Senator Portantino

February 17, 2017


An act to amend Sections 5256.4 and 5260 and 5270.15 of the Welfare and Institutions Code, relating to mental health.


LEGISLATIVE COUNSEL'S DIGEST


SB 565, as amended, Portantino. Mental health: involuntary commitment.
Existing law provides for up to 14 days of intensive treatment for a mental disorder or impairment by chronic alcoholism for a person who has been involuntarily committed and received an evaluation that meets certain specified criteria. Under existing law, before a person may be certified for a 14-day intensive treatment program, he or she is entitled to a certification review hearing conducted by a court-appointed commissioner or referee, or a certification review hearing officer. Existing law requires the mental health facility to make reasonable attempts to notify family members or any other person designated by the patient of the time and place of the certification hearing, unless the patient requests that this information not be provided.

This bill would require the mental health facility to make reasonable attempts to notify family members or any other person designated by the patient at least 36 hours prior to the certification review hearing.

Existing law provides for a 2nd 14-day period of intensive treatment for a person who, as a result of a mental disorder or impairment by chronic alcoholism, threatened or attempted to take his or her own life or who was detained for evaluation and treatment because he or she threatened or attempted to take his or her own life and who continues to present an imminent threat of taking his or her own life, as specified.

The bill would make technical, nonsubstantive changes to the above provision.

Under existing law, upon the completion of a 14-day period of intensive treatment, a person may be certified for an additional period of not more than 30 days of intensive treatment if the professional staff of the agency or facility treating the person has found that the person remains gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, and he or she remains unwilling or unable to accept treatment voluntarily. Existing law requires a person certified for an additional 30 days of treatment pursuant to these provisions to be provided a certification review hearing, as specified, unless a judicial review is requested.
This bill would require the mental health facility to make reasonable attempts to notify family members or any other person designated by the patient at least 36 hours prior to the certification review hearing for the additional 30 days of treatment. The bill would make related technical, nonsubstantive changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.Section 5256.4 of the Welfare and Institutions Code is amended to read:
5256.4.

(a)At the certification review hearing, the person certified shall have the following rights:

(1)Assistance by an attorney or advocate.

(2)To present evidence on his or her own behalf.

(3)To question persons presenting evidence in support of the certification decision.

(4)To make reasonable requests for the attendance of facility employees who have knowledge of, or participated in, the certification decision.

(5)If the person has received medication within 24 hours or a longer period of time as the person conducting the hearing may designate prior to the beginning of the hearing, the person conducting the hearing shall be informed of that fact and of the probable effects of the medication.

(b)The hearing shall be conducted in an impartial and informal manner in order to encourage free and open discussion by participants. The person conducting the hearing shall not be bound by rules of procedure or evidence applicable in judicial proceedings.

(c)Reasonable attempts shall be made by the mental health facility to notify family members or any other person designated by the patient at least 36 hours prior to the certification review hearing, of the time and place of the certification hearing, unless the patient requests that this information not be provided. The patient shall be advised by the facility that is treating the patient that he or she has the right to request that this information not be provided.

(d)All evidence which is relevant to establishing that the person certified is or is not as a result of mental disorder or impairment by chronic alcoholism, a danger to others, or to himself or herself, or gravely disabled, shall be admitted at the hearing and considered by the hearing officer.

(e)Although resistance to involuntary commitment may be a product of a mental disorder, this resistance shall not, in itself, imply the presence of a mental disorder or constitute evidence that a person meets the criteria of being dangerous to self or others, or gravely disabled.

SEC. 2.SECTION 1.

 Section 5260 of the Welfare and Institutions Code is amended to read:

5260.
 At the expiration of the 14-day period of intensive treatment any person who, as a result of mental disorder or impairment by chronic alcoholism, during the 14-day period or the 72-hour evaluation period, threatened or attempted to take his or her own life or who was detained for evaluation and treatment because he or she threatened or attempted to take his or her own life and who continues to present an imminent threat of taking his or her own life, may be confined for further intensive treatment pursuant to this article for an additional period not to exceed 14 days.
This further intensive treatment may occur only under the following conditions:
(a) The professional staff of the agency or facility providing intensive treatment services has analyzed the person’s condition and has found that the person presents an imminent threat of taking his or her own life.
(b) The person has been advised of, but has not accepted, voluntary treatment.
(c) The facility providing additional intensive treatment is equipped and staffed to provide treatment, is designated by the county to provide that intensive treatment, and agrees to admit the person.
(d) The person has, as a result of mental disorder or impairment by chronic alcoholism, threatened or attempted to take his or her own life during the 14-day period of intensive treatment or the 72-hour evaluation period or was detained for evaluation and treatment because he or she threatened or attempted to take his or her own life.

SEC. 2.

 Section 5270.15 of the Welfare and Institutions Code is amended to read:

5270.15.
 (a) Upon the completion of a 14-day period of intensive treatment pursuant to Section 5250, the person may be certified for an additional period of not more than 30 days of intensive treatment under both of the following conditions:

(a)

(1) The professional staff of the agency or facility treating the person has found that the person remains gravely disabled as a result of a mental disorder or impairment by chronic alcoholism.

(b)

(2) The person remains unwilling or unable to accept treatment voluntarily.

Any

(b) A person certified for an additional 30 days pursuant to this article shall be provided a certification review hearing in accordance with Section 5256 unless a judicial review is requested pursuant to Article 5 (commencing with Section 5275).
(1) Reasonable attempts shall be made by the mental health facility to notify family members or any other person designated by the patient at least 36 hours prior to the certification review hearing, of the time and place of the certification hearing, unless the patient requests that this information not be provided. The patient shall be advised by the facility that is treating the patient that he or she has the right to request that this information not be provided.

The

(2) The professional staff of the agency or facility providing intensive treatment shall analyze the person’s condition at intervals of not to exceed 10 days, to determine whether the person continues to meet the criteria established for certification under this section, and shall daily monitor the person’s treatment plan and progress. Termination of this certification prior to the 30th day shall be made pursuant to Section 5270.35.