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

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Date Published: 02/18/2020 09:00 PM


Assembly Bill
No. 2404

Introduced by Assembly Member Ramos

February 18, 2020

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


AB 2404, as introduced, 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


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

 (a) If the facility designated by the county for evaluation and treatment admits the person, it may detain him or her 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 his or her designee facility, or their designee, shall assess the individual in person to determine the appropriateness of the involuntary detention.