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SB-340 Lanterman-Petris-Short Act: hearings.(2021-2022)

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Date Published: 04/26/2021 10:00 AM
SB340:v97#DOCUMENT

Amended  IN  Senate  April 26, 2021
Amended  IN  Senate  March 08, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 340

Introduced by Senator Stern

February 09, 2021

An act to amend Section 5118 5276 of the Welfare and Institutions Code, relating to mental health.


LEGISLATIVE COUNSEL'S DIGEST


SB 340, as amended, Stern. Lanterman-Petris-Short Act: hearings.
Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed. Under the act, if a person, as a result of a mental health disorder, is a danger to others, or to themselves, or is 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 as a facility for 72-hour treatment and evaluation. Existing law provides for judicial review of the involuntary commitment and requires reasonable attempts to be made by the mental health facility to notify family members or any other person designated by the patient of the time and place of judicial review.
This bill would authorize a family member, friend, or acquaintance with personal knowledge of the person receiving treatment to make a request to testify in the judicial review proceedings, in writing, to the counsel of a party to the judicial review. The bill would require the receiving counsel, or their designee, to determine whether the requester’s testimony will assist the proceeding and, within a reasonable time, respond to the requester, in writing, with an approval or denial.

The Lanterman-Petris-Short Act authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed, and authorizes a conservator of the person, of the estate, or of the person and the estate to be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism, or a person who is incapable of caring for their own health and well-being due to a serious mental illness and substance use disorder. The act designates procedures for a hearing under these provisions for a court to receive oral and written evidence.

This bill would require a court to allow a family member, friend, or acquaintance who is knowledgeable about a person who is the subject of any hearing under these provisions to testify. The bill would also make technical changes.

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

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


SECTION 1.

 Section 5276 of the Welfare and Institutions Code is amended to read:

5276.
 (a) Judicial review shall be in the superior court for the county in which the facility providing intensive treatment is located or in the county in which the 72-hour evaluation was conducted if the patient or a person acting in his or her on the patient’s behalf informs the professional staff of the evaluation facility (in writing) facility, in writing, that judicial review will be sought. No A patient shall not be transferred from the county providing evaluation services to a different county for intensive treatment if the staff of the evaluation facility has been informed in writing informed, in writing, that a judicial review will be sought, until the completion of the judicial review. The person requesting to be released shall be informed of his or her their right to counsel by the member of the treatment staff and by the court; and, if he or she the person so elects, the court shall immediately appoint the public defender or other attorney to assist him or her them in preparation of a petition for the writ of habeas corpus and, if he or she the person so elects, to represent him or her them in the proceedings. The person shall pay the costs of the legal service if he or she is able.

Reasonable

(b) (1) Reasonable attempts shall be made by the mental health facility to notify family members or any other person designated by the patient, of the time and place of the judicial review, unless the patient requests that this information not be provided. The patient shall be advised by the treating facility that is treating the patient that he or she that the patient has the right to request that this information not be provided.
(2) A family member, friend, or acquaintance with personal knowledge of the person receiving treatment may make a request to testify in the judicial review proceedings. This request shall be submitted, in writing, to the counsel to either party. The receiving counsel or their designee, upon receiving a request, shall determine whether the requester’s testimony will assist in the proceedings and, within a reasonable time, shall respond to the requester, in writing, with an approval or denial. This paragraph does not affect or alter the court’s ability to determine the admissibility of testimony.

The

(c) The court shall either release the person or order an evidentiary hearing to be held within two judicial days after the petition is filed. If The person shall be released immediately if the court finds, (a) that finds any of the following:
(1) That the person requesting release is not, as a result of mental disorder or impairment by chronic alcoholism, a danger to others, or to himself or herself, themselves, or gravely disabled, (b) that he or she disabled.
(2) That the person had not been advised of, or had accepted, voluntary treatment, or (c) that treatment.
(3) That the facility providing intensive treatment is not equipped and staffed to provide treatment, or is not designated by the county to provide intensive treatment he or she shall be released immediately. treatment.

SECTION 1.Section 5118 of the Welfare and Institutions Code is amended to read:
5118.

(a)(1)For the purpose of conducting a hearing under this part, the court in and for the county where the petition is filed may be convened at any time and place within or outside the county suitable to the mental and physical health of the patient, and receive evidence both oral and written, and render decisions, except that the time and place for hearing shall not be different from the time and place for the trial of civil actions for such court if any party to the proceeding, prior to the hearing, objects to the different time or place.

(2)A hearing under this part conducted at any state hospital or any mental health facility designated by any county as a treatment facility under this part or any facility referred to in Section 5358 or Division 7 (commencing with Section 7100), within or outside the county, shall be deemed to be hearings held in a place for the trial of civil actions and in a regular courtroom of the court.

(b)Notwithstanding any other provisions of this section, any party to the hearing under this part may demand that the hearing be public, and be held in a place suitable for attendance by the public.

(c)Notwithstanding any other law, the court shall allow a family member, friend, or acquaintance who is knowledgeable about a person who is the subject of any hearing under this part to testify.

(d)Notwithstanding any other law, any hearing under this part which was held before enactment of this section but which would have been in accordance with this section had it been effective is deemed to be valid for all purposes.

(e)As used in this section, a “hearing under this part” includes conservatorship and other hearings held pursuant to Chapter 3 (commencing with Section 5350).