Amended
IN
Senate
March 27, 2019 |
Introduced by Senator Stone |
February 22, 2019 |
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.
Each
(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.
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.
(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.
(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.
(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.
(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.
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).
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.