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SB-590 Mental health evaluations: gravely disabled due to impairment by chronic alcoholism.(2019-2020)

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Date Published: 03/27/2019 09:00 PM
SB590:v98#DOCUMENT

Amended  IN  Senate  March 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 590

Introduced by Senator Stone

February 22, 2019

An act to add Article 1.7 (commencing with Section 5180) to Chapter 2 of Part 1 of Division 5 amend Section 5008 of the Welfare and Institutions Code, relating to substance use disorders. mental health.


LEGISLATIVE COUNSEL'S DIGEST


SB 590, as amended, Stone. Substance use disorders: involuntary treatment. Mental health evaluations: gravely disabled due to impairment by chronic alcoholism.
Existing law, the Lanterman-Petris-Short Act, authorizes an individual to apply to the person or agency designated by a county for a petition alleging that there is in the county a person who is, as a result of mental disorder a danger to others, or to self, or is gravely disabled, and requesting that an evaluation of the person’s condition be made to determine whether the person will agree voluntarily to receive crisis intervention services or an evaluation. Existing law defines “gravely disabled” for this purpose as a person who, as a result of a mental health disorder, is unable to provide for the person’s basic personal needs for food, clothing, or shelter or who has been found mentally incompetent, as specified.
This bill would include in that definition of “gravely disabled,” for purposes of the petitions for evaluation made under the act, a person who, as a result of impairment by chronic alcoholism, is unable to provide for the person’s basic personal needs for food, clothing, or shelter. By increasing the duties of the county person or agency that receives the requests and prepares petitions for evaluation, 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.

Existing law, the Lanterman-Petris-Short Act, sets forth various procedures for the involuntary commitment of persons with specified mental disorders, for up to 72 hours for evaluation and treatment. Existing law, until January 1, 2022, grants each county the authority to offer certain assisted outpatient treatment services for a person who has a history of lack of compliance with treatment for the person’s mental illness, as specified, and authorizes the person’s parent or spouse, among other designated individuals, to request the county behavioral health director to file a petition in the court. If a person is a danger to self or others, or is gravely disabled as a result of inebriation, existing law authorizes a peace officer or other person designated by the county, upon reasonable cause, to take the person into civil protective custody and place the person in a facility for 72-hour treatment and evaluation of inebriates.

Existing law sets forth various rights for a person who is involuntarily detained for evaluation or treatment under the above-described provisions, including, among others, the right to receive the services of a patient advocate and the right to refuse certain forms of treatment.

This bill would authorize a parent, legal guardian, or spouse of a person to file a petition in the court for purposes of involuntary treatment of the person, if that person (1) suffers from a substance use disorder, (2) presents an imminent threat of danger to self, family, or others as a result of the substance use disorder, or a substantial likelihood of that threat in the near future exists, and (3) can reasonably benefit from treatment. The bill would require certain information within the petition, including the petitioner’s factual basis for their belief that the person meets those conditions, and would require the petitioner or other designated individual to pay for all treatment costs. The bill would grant the above-described rights to the person receiving treatment.

The bill would require the court to examine the petitioner, under penalty of perjury, as to the contents of the petition. The bill would set forth procedures for a hearing, and an examination by 2 qualified health professionals, to determine whether there is probable cause to believe that the person should be ordered to undergo treatment for a substance use disorder. The bill would limit treatment to 60 or 360 consecutive calendar days, as specified.

The bill would make a person failing to undergo treatment subject to contempt of court. The bill would authorize the court to order a person to be hospitalized for a period not exceeding 72 hours under specified conditions. The bill would prohibit the detention of a person in jail pending transportation to the hospital or other facility, unless the court has found the person to be in contempt of court. The bill would authorize the court to order a peace officer to transport the person to a hospital, paid for by the petitioner or other individual, if the person fails to appear at the facility or the examination.

By expanding the scope of the crimes of perjury and contempt, the 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 no reimbursement is required by this act for a specified reason.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 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 that appear to constitute a problem. Persons providing evaluation services shall be properly qualified professionals and may be full-time employees of an agency providing face-to-face, which includes telehealth, face-to-face evaluation services services, including telehealth, 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 superior 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. This part does not prohibit an intensive treatment facility from also providing 72-hour evaluation and treatment.
(d) (1) “Referral” is means referral of persons by each agency or facility providing assessment, evaluation, crisis intervention, or treatment 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 that prevent initial recourse to hospital treatment or aftercare services that support adjustment to community living following hospital treatment. These services may be provided through county or city mental health departments, state hospitals under the jurisdiction of the State Department of State Hospitals, regional centers under contract with the State Department of Developmental Services, or other public or private entities.

Each

(2) 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 that 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. The interview or interviews may include family members, significant support persons, providers, or other entities or individuals, as appropriate and as authorized by law. 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; petitions and an interview with the petitioner and, whenever possible, the person alleged, as a result of a mental health disorder, to be a danger to others, or to himself or herself, self, or to be gravely disabled, to assess the problem and explain the petition; when petition. When indicated, “prepetition screening” includes 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) A condition in which a person, as a result of a mental health disorder, is unable to provide for his or her the person’s basic personal needs for food, clothing, or shelter.
(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 complaint, indictment, or information pending against the person 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) There has been a finding of probable cause on a complaint pursuant to paragraph (2) of subdivision (a) of Section 1368.1 of the Penal Code, a preliminary examination pursuant to Section 859b of the Penal Code, or a grand jury indictment, and the complaint, indictment, or information has not been dismissed.
(iii) As a result of a mental health disorder, the person is unable to understand the nature and purpose of the proceedings taken against him or her them and to assist counsel in the conduct of his or her the person’s defense in a rational manner.
(iv) The person represents a substantial danger of physical harm to others by reason of a mental disease, defect, or disorder.
(2) For purposes of Article 2 (commencing with Section 5200), Article 3 (commencing with Section 5225) 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 the person’s basic personal needs for food, clothing, or shelter.
(3) The term “gravely disabled” does not include persons a person with intellectual disabilities by reason of that disability 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 a 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 the parole officer 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 a 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.
(n) “Designated facility” or “facility designated by the county for evaluation and treatment” means a facility that is licensed or certified as a mental health treatment facility or a hospital, as defined in subdivision (a) or (b) of Section 1250 of the Health and Safety Code, by the State Department of Public Health, and may include, but is not limited to, a licensed psychiatric hospital, a licensed psychiatric health facility, and a certified crisis stabilization unit.

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.Article 1.7 (commencing with Section 5180) is added to Chapter 2 of Part 1 of Division 5 of the Welfare and Institutions Code, to read:
1.7.Involuntary Treatment for Substance Use Disorders
5180.

(a)It is the intent of the Legislature that this article serve as a mechanism for the parent, legal guardian, or spouse of a person to petition the court to order that the person undergo treatment for a substance use disorder pursuant to the requirements of this article.

(b)For purposes of this article, the following definitions apply:

(1)Unless otherwise specified, “person” means the person who is the subject of a petition filed pursuant to this article.

(2)“Substance use disorder” means dependence or abuse of alcohol or a controlled substance described in Division 10 (commencing with Section 11000) of the Health and Safety Code. In the case of pharmaceutical drugs, “dependence” refers to nonmedical use of the drug.

5180.5.

A person shall not be ordered to undergo treatment pursuant to this article, unless the person meets all of the following conditions:

(a)Suffers from a substance use disorder.

(b)Presents an imminent threat of danger to self, family, or others as a result of the substance use disorder, or a substantial likelihood of that threat in the near future exists.

(c)Can reasonably benefit from treatment described in this article.

5181.

(a)Any of the following individuals may file a petition in the superior court for purposes of involuntary treatment of a person suffering from a substance use disorder.

(1)The parent.

(2)The legal guardian.

(3)The spouse.

(b)The petition shall include all of the following information:

(1)The person’s name and residence, and, if known, the person’s current location.

(2)The petitioner’s name, residence, and relationship to the person.

(3)If the person is a minor, the names and residences of the person’s parents or legal guardian.

(4)The name and residence of the person’s spouse, if any.

(5)The petitioner’s factual basis for their belief that the person suffers from a substance use disorder, presents an imminent threat of danger to self, family, or others as a result of the substance use disorder, or a substantial likelihood of that threat in the near future exists, and can reasonably benefit from treatment, as described in Section 5180.5.

(6)The petitioner’s requested period of treatment for the person.

(7)A commitment, signed by the petitioner or another individual described in subdivision (a), that the petitioner or that individual would pay for all costs for any treatment of the person’s substance use disorder that is ordered by the court pursuant to this article.

(c)The petitioner or individual described in paragraph (7) of subdivision (b) shall pay for all costs described in that paragraph.

5181.5.

(a)Upon receipt of the petition, the court shall examine the petitioner, under penalty of perjury, as to the contents of the petition.

(b)If, after reviewing the contents of the petition and examining the petitioner, the court makes an initial determination that there is probable cause to believe that the person who is the subject of the petition should be ordered to undergo treatment pursuant to this article, the court shall do all of the following:

(1)Set a date for a hearing within 14 court days to make a final determination as to whether there is probable cause to believe that the person should be ordered to undergo treatment for a substance use disorder.

(2)Notify the person, the petitioner, the spouse, and, if the person is a minor, the parents or legal guardian, concerning the petition, the date and purpose of the hearing, and the name, address, and telephone number of the counsel appointed to represent the person.

(3)Cause the person to be examined no later than 24 hours before the hearing date by two qualified health professionals, at least one of whom is a physician and surgeon. The qualified health professionals shall certify their findings to the court within 24 hours of the examinations.

(c)If, upon completion of the hearing, the court finds that the person should be ordered to undergo treatment for a substance use disorder, the court shall order that treatment for either of the following periods, based on the requested period within the petition or as otherwise agreed upon at the hearing:

(1)A period not exceeding 60 consecutive calendar days from the date of the court order.

(2)A period not exceeding 360 consecutive calendar days from the date of the court order.

(d)A person failing to undergo treatment ordered pursuant to this article is subject to contempt of court.

(e)If, at any time after the petition is filed, the court finds that there is no probable cause to continue treatment, or if the petitioner withdraws the petition, the proceedings against the person shall be dismissed.

5182.

(a)Following an examination by a qualified health professional and a certification by that professional that the person meets the conditions described in Section 5180.5, the court may order the person hospitalized for a period not exceeding 72 hours, if the court finds, by clear and convincing evidence, that the person presents an imminent threat of danger to self, family, or others as a result of a substance use disorder.

(b)A person who has been admitted to a hospital or other treatment facility pursuant to subdivision (a) shall be released from the facility within 72 hours of admission.

(c)A person ordered hospitalized under this section shall not be held in jail pending transportation to the hospital or other treatment facility or pending evaluation, unless the court has found the person to be in contempt of court for either failure to undergo treatment or failure to appear at the evaluation ordered pursuant to Section 5181.5.

5182.5.

(a)If the court issues an order that the person be transported to a hospital or other treatment facility, the court may, or if the person fails to attend an examination scheduled before the hearing provided for in Section 5181.5, the court shall, issue a summons.

(b)(1)A summons issued pursuant to subdivision (a) shall be directed to the person and shall command the person to appear at a time and place as specified.

(2)If the person fails to appear at the hospital or other treatment facility or at the examination, the court may order a peace officer to transport the person to a hospital or other treatment facility for treatment.

(3)The transportation costs of the peace officer shall be included in the costs of treatment for a substance use disorder, to be paid by the petitioner pursuant to Section 5181.

5183.

This article shall be implemented in a manner ensuring the rights of a person subject to a petition under this article, as described in Article 7 (commencing with Section 5325).

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.