SB 364 California Senate · 2013-2014 Regular Session

Mental health.

Summary
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders and for the protection of the persons so committed. Existing law states the intent of the Legislature, with regard to this act, to end inappropriate, indefinite, and involuntary commitment of mentally disordered persons, developmentally disabled persons, and persons impaired by chronic alcoholism, and to eliminate legal disabilities and to protect mentally disordered persons and developmentally disabled persons, among other things. This bill would state the intent of the Legislature, additionally, to provide consistent standards for protection of the personal rights of persons who are subject to involuntary detention and to provide services in the least restrictive setting appropriate to the needs of the person, as well as making technical changes. This bill would encourage each city or county mental health department to post on its Internet Web site a current list, to be updated at least annually, of ambulatory services and other resources for persons with mental health and substance use disorders in the city or county that may be accessed by providers and consumers of mental health services. Under existing law, when a person, as a result of mental 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 specifies advisements that are to be given to the person prior to involuntary commitment. This bill would authorize a county health director to develop procedures for the county's designation and training of professionals who will be designated to perform functions relating to the 72-hour treatment and evaluation. The bill would require the facilities for treatment and evaluation to be licensed or certified as mental health treatment facilities by the State Department of Health Care Services or the State Department of Public Health. The bill would require assessment and evaluation, as defined, to be provided on an ongoing basis and would authorize crisis intervention to be provided concurrently with assessment, evaluation, or any other service. The bill would also authorize a professional person in charge of a facility for evaluation and treatment to take custody of a person for this purpose. The bill would make prescribed changes to the advisements given when the person is taken into custody and when the person is admitted to the facility, and would require that the facility keep a record of the advisement. By requiring local mental health facilities to provide and maintain this additional information, 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 these statutory provisions.
Bill status signed all 5 stages cleared
Introduction
Feb 2013
Committee Review
Sep 2013
Senate Passage
May 2013
Assembly Passage
Sep 2013
Signed into Law
Oct 2013
Introduced Feb 20, 2013 Signed Oct 4, 2013
Floor votes · Senate May 28, 2013 · Assembly Sep 3, 2013

How they voted

350
Passed
Total votes 35
May 28, 2013
D Democratic26
26 Yea
100% Yea
R Republican9
9 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
34
Key actions
15
Committee
13
Amendments
3
Oct 4, 2013
Signed into law
Approved by the Governor.
legislature
Sep 6, 2013
Upper · Passed
Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2172.) Ordered to engrossing and enrolling.
upper
Sep 3, 2013
Assembly · Passed
Assembly Vote: pass (62-0-1)
assembly
Sep 3, 2013
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 14, 2013
Lower · Passed
From committee: Do pass as amended. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 14).
lower
Aug 5, 2013
Lower · Passed
Read second time and amended. Re-referred to Com. on APPR.
lower
Jul 3, 2013
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 19. Noes 0.) (July 2).
lower
Jun 26, 2013
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
lower
Jun 24, 2013
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
lower
Jun 14, 2013
Committee
Referred to Com. on HEALTH.
lower
May 28, 2013
Senate · Passed
Senate Vote: pass (35-0)
senate
May 20, 2013
Upper · Passed
From committee: Do pass. (Ayes 6. Noes 0. Page 990.) (May 20).
upper
May 7, 2013
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
May 6, 2013
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 753.) (April 30).
upper
Apr 29, 2013
Committee
Re-referred to Com. on JUD.
upper
Apr 25, 2013
Upper · Passed
From committee: Do pass and re-refer to Com. on RLS. (Ayes 7. Noes 1. Page 696.) (April 24). Re-referred to Com. on RLS.
upper
Apr 15, 2013
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
upper
Apr 4, 2013
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
upper
Feb 28, 2013
Committee
Referred to Coms. on HEALTH and RLS.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Darrell Steinberg
Darrell Steinberg
DDemocratic
CA
6