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AB-2404 Mental health: involuntary commitment.(2019-2020)

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Date Published: 04/27/2020 09:00 PM
AB2404:v98#DOCUMENT

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2404


Introduced by Assembly Member Ramos

February 18, 2020


An act to amend Section 5151 of add Section 5122 to the Welfare and Institutions Code, relating to mental health.


LEGISLATIVE COUNSEL'S DIGEST


AB 2404, as amended, Ramos. Mental health: involuntary commitment.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders and for the protection of the persons so committed. Under existing law, when a person, as a result of mental disorder, is a danger to self or others, or gravely disabled, the person may, upon probable cause, be taken into custody by a peace officer, member of the attending staff of an evaluation facility, designated members of a mobile crisis team, or other designated professional person, and placed in a facility designated by the county and approved by the State Department of Social Services. Existing law authorizes, if a designated facility assesses and admits the person, the facility to detain the person for evaluation and treatment for a period not to exceed 72 hours.
This bill would make technical, nonsubstantive changes to those provisions. require each county to establish a countywide hotline to respond to calls relating to individuals with mental health issues, including calls relating to taking a person into custody pursuant to the above-described provisions. The bill would require a county to take certain actions in establishing the hotline, including developing procedures to train and educate the mental health professionals who will be responding to calls received on the hotline, and would require a county to publicly report certain information relating to the hotline annually. By imposing new duties on counties, this bill would impose a state-mandated local program.
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.
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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 5122 is added to the Welfare and Institutions Code, to read:

5122.
 (a) Each county shall establish a countywide hotline, which shall be available 24 hours a day, seven days a week, to respond to calls relating to individuals with mental health issues, including calls relating to taking a person into custody pursuant to Section 5150.
(b) In establishing the hotline described in subdivision (a), a county shall do all of the following:
(1) Develop procedures to train and educate the licensed mental health professionals who will respond to calls received on the hotline.
(2) Work with mobile crisis intervention teams to develop protocols to ensure an appropriate and timely response to hotline calls that relate to taking a person into custody pursuant to Section 5150.
(3) Work with local law enforcement agencies to develop protocols to ensure a coordinated response to public safety issues stemming from hotline calls that relate to taking a person into custody pursuant to Section 5150.
(c) A county shall report on the number and type of calls received on a hotline established pursuant to subdivision (a) and the disposition of the calls. This report shall be made available to the public annually on the county’s internet website.

SEC. 2.

 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.
SECTION 1.Section 5151 of the Welfare and Institutions Code is amended to read:
5151.

(a)If the facility designated by the county for evaluation and treatment admits the person, it may detain the person for evaluation and treatment for a period not to exceed 72 hours. Saturdays, Sundays, and holidays may be excluded from the period if the State Department of Health Care Services certifies for each facility that evaluation and treatment services cannot reasonably be made available on those days. The certification by the department is subject to renewal every two years. The department shall adopt regulations defining criteria for determining whether a facility can reasonably be expected to make evaluation and treatment services available on Saturdays, Sundays, and holidays.

(b)Prior to admitting a person to the facility for treatment and evaluation pursuant to Section 5150, the professional person in charge of the facility, or their designee, shall assess the individual in person to determine the appropriateness of the involuntary detention.