Bill Text: CA AB1194 | 2015-2016 | Regular Session | Chaptered


Bill Title: Mental health: involuntary commitment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-07 - Chaptered by Secretary of State - Chapter 570, Statutes of 2015. [AB1194 Detail]

Download: California-2015-AB1194-Chaptered.html
BILL NUMBER: AB 1194	CHAPTERED
	BILL TEXT

	CHAPTER  570
	FILED WITH SECRETARY OF STATE  OCTOBER 7, 2015
	APPROVED BY GOVERNOR  OCTOBER 7, 2015
	PASSED THE SENATE  SEPTEMBER 8, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2015
	AMENDED IN SENATE  SEPTEMBER 2, 2015
	AMENDED IN SENATE  JULY 6, 2015
	AMENDED IN ASSEMBLY  MAY 6, 2015

INTRODUCED BY   Assembly Member Eggman

                        FEBRUARY 27, 2015

   An act to amend Section 5150 of the Welfare and Institutions Code,
relating to mental health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1194, Eggman. Mental health: involuntary commitment.
   Existing law, the Lanterman-Petris-Short Act, provides for the
involuntary commitment and treatment of persons with specified mental
disorders for the protection of the persons so committed. Under the
act, when a person, as a result of mental health disorder, is a
danger to others, or to himself or herself, or gravely disabled, he
or she may, upon probable cause, be taken into custody by a peace
officer, member of the attending staff of an evaluation facility,
designated members of a mobile crisis team, or other designated
professional person, 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 requires,
when determining if probable cause exists to take a person into
custody, or cause a person to be taken into custody pursuant to the
provisions described above, any person who is authorized to take or
cause that person to be taken into custody to consider available
relevant information about the historical course of the person's
mental disorder, as specified, if the authorized person determines
that information has a reasonable bearing on the determination
described above.
   This bill would provide that, when determining if a person should
be taken into custody pursuant to the provisions described above, the
individual making that determination shall consider available
relevant information about the historical course of the person's
mental disorder if the individual concludes that the information has
a reasonable bearing on the determination, and that the individual
shall not be limited to consideration of the danger of imminent harm.

   Existing law requires the admitting facility to require an
application in writing stating the circumstances under which the
person's condition was called to the attention of those persons
authorized to make the determination of probable cause, and stating
that he or she has probable cause, as specified.
   The bill would also require the application to record whether the
historical course of a person's mental disorder was considered in the
determination of probable cause.
   By imposing additional duties on local officials, 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, 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 these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5150 of the Welfare and Institutions Code is
amended to read:
   5150.  (a) When a person, as a result of a mental health disorder,
is a danger to others, or to himself or herself, or gravely
disabled, a peace officer, professional person in charge of a
facility designated by the county for evaluation and treatment,
member of the attending staff, as defined by regulation, of a
facility designated by the county for evaluation and treatment,
designated members of a mobile crisis team, or professional person
designated by the county may, upon probable cause, take, or cause to
be taken, the person into custody for a period of up to 72 hours for
assessment, evaluation, and crisis intervention, or placement for
evaluation and treatment in a facility designated by the county for
evaluation and treatment and approved by the State Department of
Health Care Services. At a minimum, assessment, as defined in Section
5150.4, and evaluation, as defined in subdivision (a) of Section
5008, shall be conducted and provided on an ongoing basis. Crisis
intervention, as defined in subdivision (e) of Section 5008, may be
provided concurrently with assessment, evaluation, or any other
service.
   (b) When determining if a person should be taken into custody
pursuant to subdivision (a), the individual making that determination
shall apply the provisions of Section 5150.05, and shall not be
limited to consideration of the danger of imminent harm.
   (c) The professional person in charge of a facility designated by
the county for evaluation and treatment, member of the attending
staff, or professional person designated by the county shall assess
the person to determine whether he or she can be properly served
without being detained. If, in the judgment of the professional
person in charge of the facility designated by the county for
evaluation and treatment, member of the attending staff, or
professional person designated by the county, the person can be
properly served without being detained, he or she shall be provided
evaluation, crisis intervention, or other inpatient or outpatient
services on a voluntary basis. Nothing in this subdivision shall be
interpreted to prevent a peace officer from delivering individuals to
a designated facility for assessment under this section.
Furthermore, the assessment requirement of this subdivision shall not
be interpreted to require peace officers to perform any additional
duties other than those specified in Sections 5150.1 and 5150.2.
   (d) Whenever a person is evaluated by a professional person in
charge of a facility designated by the county for evaluation or
treatment, member of the attending staff, or professional person
designated by the county and is found to be in need of mental health
services, but is not admitted to the facility, all available
alternative services provided pursuant to subdivision (c) shall be
offered as determined by the county mental health director.
   (e) If, in the judgment of the professional person in charge of
the facility designated by the county for evaluation and treatment,
member of the attending staff, or the professional person designated
by the county, the person cannot be properly served without being
detained, the admitting facility shall require an application in
writing stating the circumstances under which the person's condition
was called to the attention of the peace officer, professional person
in charge of the facility designated by the county for evaluation
and treatment, member of the attending staff, or professional person
designated by the county, and stating that the peace officer,
professional person in charge of the facility designated by the
county for evaluation and treatment, member of the attending staff,
or professional person designated by the county has probable cause to
believe that the person is, as a result of a mental health disorder,
a danger to others, or to himself or herself, or gravely disabled.
The application shall also record whether the historical course of
the person's mental disorder was considered in the determination,
pursuant to Section 5150.05. If the probable cause is based on the
statement of a person other than the peace officer, professional
person in charge of the facility designated by the county for
evaluation and treatment, member of the attending staff, or
professional person designated by the county, the person shall be
liable in a civil action for intentionally giving a statement that he
or she knows to be false.
   (f) At the time a person is taken into custody for evaluation, or
within a reasonable time thereafter, unless a responsible relative or
the guardian or conservator of the person is in possession of the
person's personal property, the person taking him or her into custody
shall take reasonable precautions to preserve and safeguard the
personal property in the possession of or on the premises occupied by
the person. The person taking him or her into custody shall then
furnish to the court a report generally describing the person's
property so preserved and safeguarded and its disposition, in
substantially the form set forth in Section 5211, except that if a
responsible relative or the guardian or conservator of the person is
in possession of the person's property, the report shall include only
the name of the relative or guardian or conservator and the location
of the property, whereupon responsibility of the person taking him
or her into custody for that property shall terminate. As used in
this section, "responsible relative" includes the spouse, parent,
adult child, domestic partner, grandparent, grandchild, or adult
brother or sister of the person.
   (g) (1) Each person, at the time he or she is first taken into
custody under this section, shall be provided, by the person who
takes him or her into custody, the following information orally in a
language or modality accessible to the person. If the person cannot
understand an oral advisement, the information shall be provided in
writing. The information shall be in substantially the following
form:
My name is ___________________________________ .
I am a _____________________________
                     (peace officer/mental health
______________ .
professional)
with __________________ .
                              (name of agency)
You are not under criminal arrest, but I am
taking you for an examination by mental health
professionals at _____________________________ .
____________________
                              (name of facility)
You will be told your rights by the mental
health staff.


   (2) If taken into custody at his or her own residence, the person
shall also be provided the following information:

   You may bring a few personal items with you, which I will have to
approve. Please inform me if you need assistance turning off any
appliance or water. You may make a phone call and leave a note to
tell your friends or family where you have been taken.

   (h) The designated facility shall keep, for each patient
evaluated, a record of the advisement given pursuant to subdivision
(g) which shall include all of the following:
   (1) The name of the person detained for evaluation.
   (2) The name and position of the peace officer or mental health
professional taking the person into custody.
   (3) The date the advisement was completed.
   (4) Whether the advisement was completed.
   (5) The language or modality used to give the advisement.
   (6) If the advisement was not completed, a statement of good
cause, as defined by regulations of the State Department of Health
Care Services.
   (i) (1) Each person admitted to a facility designated by the
county for evaluation and treatment shall be given the following
information by admission staff of the facility. The information shall
be given orally and in writing and in a language or modality
accessible to the person. The written information shall be available
to the person in English and in the language that is the person's
primary means of communication. Accommodations for other disabilities
that may affect communication shall also be provided. The
information shall be in substantially the following form:
My name is ____________________________________.
My       position here is______________________.
  You are being placed into this psychiatric
facility because it is our professional opinion
that, as a result of a mental health disorder,
you are likely to (check applicable):
   ( ) Harm
yourself.
( ) Harm someone
else.
( ) Be unable to take care of your own food,
clothing, and housing
needs.
We believe this is true because
________________________________________________
  (list of the facts upon which the allegation of
                     dangerous
     or gravely disabled due to mental health
      disorder is based, including pertinent
   facts arising from the admission interview).
  You will be held for a period up to 72 hours.
During the 72 hours you may also be transferred
to another facility. You may request to be
evaluated or treated at a facility of your
choice. You may request to be evaluated or
treated by a mental health professional of your
choice. We cannot guarantee the facility or
mental health professional you choose will be
available, but we will honor your choice if we
can.
  During these 72 hours you will be evaluated by
the facility staff, and you may be given
treatment, including       medications. It is
possible for you to be released before the end
of the 72 hours. But if the staff decides that
you need continued treatment you can be held
for a longer period of time. If you are held
longer than 72 hours, you have the right to a
lawyer and a qualified interpreter and a
hearing before a judge. If you are unable to
pay for the lawyer, then one will be provided
to you free of charge.
  If you have questions about your legal rights,
you may contact the county Patients' Rights
Advocate at _____________________________
                     (phone number for the county
__________________________________.
Patients' Rights Advocacy office)
Your 72-hour period began _____________.
                                    (date/time)


   (2) If the notice is given in a county where weekends and holidays
are excluded from the 72-hour period, the patient shall be informed
of this fact.
   (j) For each patient admitted for evaluation and treatment, the
facility shall keep with the patient's medical record a record of the
advisement given pursuant to subdivision (i), which shall include
all of the following:
   (1) The name of the person performing the advisement.
   (2) The date of the advisement.
   (3) Whether the advisement was completed.
   (4) The language or modality used to communicate the advisement.
   (5) If the advisement was not completed, a statement of good
cause.
  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.
                     
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