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AB-1443 Mental health: involuntary treatment.(2021-2022)

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Date Published: 05/06/2021 09:00 PM
AB1443:v97#DOCUMENT

Amended  IN  Assembly  May 06, 2021
Amended  IN  Assembly  March 18, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1443


Introduced by Assembly Member McCarty

February 19, 2021


An act to amend Section 5154 of, and to add Section 5150.3 to, the Welfare and Institutions Code, relating to mental health.


LEGISLATIVE COUNSEL'S DIGEST


AB 1443, as amended, McCarty. Mental health: involuntary treatment.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary detention and treatment of persons with specified mental health disorders. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or 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 Social Services for up to 72 hours for evaluation and treatment. Existing law authorizes specified individuals to take a person into custody pursuant to these provisions, including designated members of a mobile crisis team and professional persons designated by the county.
This bill would require authorize a county to develop a training relating to taking, or causing to be taken, a person into custody pursuant to those provisions and would require a county to develop a written policy regarding designating members of a mobile crisis team and designating professional persons to take, or cause to be taken, a person into custody pursuant to those provisions. The bill would require the policy to contain specified components, including, among others, the process to receive that designation. The bill would also exempt an employee of a municipality who is a member of a mobile crisis team or a professional person, who has been designated by the county, and who is responsible for the detainment of the person from civil or criminal liability for any action by a person released at or before the end of the 72-hour detention. 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: YES   Local Program: YES  

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


SECTION 1.

 Section 5150.3 is added to the Welfare and Institutions Code, to read:

5150.3.
 (a) A county shall may develop a training relating to taking, or causing to be taken, a person into custody pursuant to Section 5150.
(b) A county shall develop a written policy regarding designating members of a mobile crisis team and designating professional persons to take, or cause to be taken, individuals into custody pursuant to Section 5150. The policy shall address, at a minimum, the requirements an individual must satisfy, and the process, to receive that designation. The policy shall require the county to designate individuals employed by a municipality within the county who are members of a mobile crisis team or professional persons to take, or cause to be taken, individuals into custody pursuant to Section 5150 if all of the following are true:
(1) The municipality submits a written request to the county.
(2) The individuals meet the requirements for designation included in the policy.

(3)The individuals have completed the training developed pursuant to subdivision (a).

(3) If the county has developed a training pursuant to subdivision (a), the individuals have completed that training.
(4) The county does not have good cause to deny the request.
(c) Designated members of a mobile crisis team and designated professional persons who meet the requirements of the policy developed pursuant to subdivision (b) shall be permitted to take, or cause to take, a person into custody pursuant to Section 5150 and shall not be prohibited from transporting a person taken into custody pursuant to Section 5150.

SEC. 2.

 Section 5154 of the Welfare and Institutions Code is amended to read:

5154.
 (a) Notwithstanding Section 5113, if the provisions of Section 5152 have been met, the professional person in charge of the facility providing 72-hour treatment and evaluation, their designee, the medical director of the facility or their designee described in Section 5152, the psychiatrist directly responsible for the person’s treatment, or the psychologist shall not be held civilly or criminally liable for any action by a person released before the end of 72 hours pursuant to this article.
(b) The professional person in charge of the facility providing 72-hour treatment and evaluation, their designee, the medical director of the facility or their designee described in Section 5152, the psychiatrist directly responsible for the person’s treatment, or the psychologist shall not be held civilly or criminally liable for any action by a person released at the end of the 72 hours pursuant to this article.
(c) The peace officer responsible for the detainment of the person shall not be civilly or criminally liable for any action by a person released at or before the end of the 72 hours pursuant to this article.
(d) An employee of a municipality who is a member of a mobile crisis team or a professional person, has been designated by the county pursuant to Section 5150.3, and is responsible for the detainment of the person shall not be civilly or criminally liable for any action by a person released at or before the end of the 72 hours pursuant to this article.
(e) The amendments to this section made by Assembly Bill 348 of the 2003–04 Regular Session shall not be construed to revise or expand the scope of practice of psychologists, as defined in Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.

SEC. 3.

 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.