Code Section Group

Welfare and Institutions Code - WIC

DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES [5000 - 5952]

  ( Division 5 repealed and added by Stats. 1967, Ch. 1667. )

PART 1. THE LANTERMAN-PETRIS-SHORT ACT [5000 - 5550]

  ( Heading of Part 1 amended by Stats. 1968, Ch. 1374. )

CHAPTER 2. Involuntary Treatment [5150 - 5349.5]

  ( Chapter 2 added by Stats. 1967, Ch. 1667. )

ARTICLE 8. Community Controlled Substances Treatment Services [5340 - 5344]
  ( Heading of Article 8 amended by Stats. 1984, Ch. 1635, Sec. 98. )

5340.
  

It is the intention of the Legislature by enacting this article to provide legal procedures for the custody, evaluation, and treatment of users of controlled substances. The enactment of this article shall not be construed to be evidence that a person subject to its provisions is has a mental health disorder, or evidence that the Legislature considers that those persons have a mental health disorder.

(Amended by Stats. 2014, Ch. 144, Sec. 93. (AB 1847) Effective January 1, 2015.)

5341.
  

As used in this article, “controlled substances” means those substances referred to in Division 10 (commencing with Section 11000) of the Health and Safety Code.

(Repealed and added by Stats. 1984, Ch. 1635, Sec. 101.)

5342.
  

Where other applicable sections of this part contain the phrase “a danger to himself or herself or others, or gravely disabled,” such sections shall be deemed to refer to the condition of danger to self or others or grave disability as a result of the use of controlled substances, rather than by mental disorder, as such.

(Amended by Stats. 1984, Ch. 1635, Sec. 102.)

5343.
  

Notwithstanding any other provision of law, if any person is a danger to others or to himself or herself, or gravely disabled, as a result of the use of controlled substances, he or she shall be subject, insofar as possible, to the provisions of Articles 1 (commencing with Section 5150), 2 (commencing with Section 5200), 4 (commencing with Section 5250), 5 (commencing with Section 5275), and 7 (commencing with Section 5325) of this chapter, except that any custody, evaluation and treatment, or any procedure pursuant to such provisions shall only be related to and concerned with the problem of the person’s use of controlled substances.

(Amended by Stats. 1984, Ch. 1635, Sec. 103.)

5344.
  

Any expenditure for the custody, evaluation, treatment, or other procedures for services rendered a person pursuant to this article shall be considered an expenditure made under the provisions of Part 2 (commencing with Section 5600) of this division, and shall be paid as are other expenditures pursuant to that part. No person shall be admitted to a state hospital for care and treatment of his or her use of controlled substances prior to screening and referral by an agency designated in the county Short-Doyle plan to provide the services.

(Amended by Stats. 1984, Ch. 1635, Sec. 104.)

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