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AB-1861 Mental health: involuntary commitment.(2019-2020)

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Date Published: 01/07/2020 09:00 PM
AB1861:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1861


Introduced by Assembly Member Santiago

January 07, 2020


An act to amend Section 5150.1 of the Welfare and Institutions Code, relating to mental health.


LEGISLATIVE COUNSEL'S DIGEST


AB 1861, as introduced, Santiago. Mental health: involuntary commitment.
Under existing law, if a person, as a result of a mental disorder, is a danger to others, or to themselves, or is gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services as a facility for 72-hour treatment and evaluation. Existing law prohibits specified mental health personnel from taking certain actions that interfere with a peace officer seeking to transport, or having transported, a person detained for 72-hour treatment and evaluation.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 5150.1 of the Welfare and Institutions Code is amended to read:

5150.1.
 No (a) A peace officer seeking to transport, or having transported, a person to a designated facility for assessment under Section 5150, shall not be instructed by mental health personnel to take the person to, or keep the person at, a jail solely because of the unavailability of an acute bed, nor bed. Nor shall the peace officer be forbidden to transport the person directly to the designated facility. No A mental health employee from any county, state, city, or any private agency providing Short-Doyle psychiatric emergency services shall not interfere with a peace officer performing duties under Section 5150 by preventing the peace officer from entering a designated facility with the person to be assessed, nor shall any an employee of such an agency require the peace officer to remove the person without assessment as a condition of allowing the peace officer to depart.

“Peace officer”

(b)  “Peace officer ” for the purposes of this section also means includes a jailer seeking to transport or transporting a person in custody to a designated facility for assessment consistent with Section 4011.6 or 4011.8 of the Penal Code and Section 5150.