Bill Text: CA SB1338 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Community Assistance, Recovery, and Empowerment (CARE) Court Program.

Spectrum: Strong Partisan Bill (Democrat 24-2)

Status: (Passed) 2022-09-14 - Chaptered by Secretary of State. Chapter 319, Statutes of 2022. [SB1338 Detail]

Download: California-2021-SB1338-Amended.html

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Amended  IN  Senate  March 16, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 1338

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Introduced by Senator Umberg Senators Umberg and Eggman

February 18, 2022

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An act relating to theft. An act to add Part 1.3 (commencing with Section 5565) to Division 5 of the Welfare and Institutions Code, relating to mental health.

LEGISLATIVE COUNSEL'S DIGEST

SB 1338, as amended, Umberg. Retail theft. Community Assistance, Recovery, and Empowerment (CARE) Court Program.

Existing law, the Assisted Outpatient Treatment Demonstration Project Act of 2002, known as Laura’s Law, requires each county to offer specified mental health programs, unless a county or group of counties opts out by a resolution passed by the governing body, as specified. Existing law defines “assisted outpatient treatment” to mean categories of outpatient services that have been ordered by a court, as prescribed.

This bill would establish the Community Assistance, Recovery, and Empowerment (CARE) Court Program to connect a person struggling with untreated mental illness and substance use disorders with a court-ordered CARE plan. The bill would authorize a court to order an adult person who is suffering from a mental illness and a substance use disorder and who lacks medical decisionmaking capacity to obtain treatment and services under a CARE plan that is managed by a CARE team, as specified. The bill would require each county to participate in providing services under the program. By imposing new duties on counties, 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 the statutory provisions noted above.

Existing law, until January 1, 2026, makes it a misdemeanor to commit organized retail theft. Existing law defines organized retail theft to include, among other acts, acting as an agent of another individual or group of individuals to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft. Under existing law, acts of organized retail theft that are committed on 2 or more separate occasions within a 12-month period and that have an aggregate value that exceeds $950 are punishable as a misdemeanor or a felony.

This bill would state the intent of the Legislature to enact legislation that would reduce the amount of retail theft.

Digest Key

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

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Bill Text

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

SECTION 1.

 Part 1.3 (commencing with Section 5565) is added to Division 5 of the Welfare and Institutions Code, to read:

PART 1.3. Community Assistance, Recovery, and Empowerment (CARE) Court Program

5565.

 (a) The Community Assistance, Recovery, and Empowerment (CARE) Court Program is hereby established to connect a person struggling with untreated mental illness and substance use disorders with a court-ordered CARE plan.

(b) (1) A court may order a person who is the subject of a petition filed pursuant to this section to obtain treatment and services under a CARE plan if the court finds that the facts stated in the verified petition are true and established and the criteria set in this section are met, including, but not limited to, each of the following:

(A) The person is 18 years of age or older.

(B) The person is suffering from a mental illness and a substance use disorder.

(C) The person lacks medical decisionmaking capacity.

(2) A court may order the person to have a CARE plan for up to 12 months, and may renew the plan for up to another 12 months. The court shall conduct periodic review hearings.

(3) A person who is ordered under a CARE plan who does not complete the plan may be referred to conservatorship pursuant to Chapter 3 (commencing with Section 5350) of Part 1, and it shall be presumed that there are no suitable alternatives to conservatorship available to the person

(c) A petition for an order authorizing a CARE plan may be filed by a family member, county representative, community-based social services provider, behavioral health provider, or first responder in the superior court in the county in which the person who is the subject of the petition is present or reasonably believed to be present.

(d) (1) A CARE plan shall be managed by a CARE team in the community, and may include clinically prescribed and individualized interventions with several supportive services, including, but not limited to, medication and housing.

(2) The CARE team shall consist of clinical team members, a public defender, and a support person to help make self-directed care decisions.

(e) (1) Each county shall participate in providing services under the program.

(2) The court may order sanctions or appoint an agent to ensure the county provides services under the program.

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.

SECTION 1.

It is the intent of the Legislature to enact legislation that would reduce the amount of retail theft.