Mental health: involuntary treatment.
Summary
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary detention and treatment of persons with specified mental health disorders. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or 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 Health Care Services for up to 72 hours for evaluation and treatment. Existing law authorizes specified individuals to take a person into custody pursuant to these provisions, including designated members of a mobile crisis team and professional persons designated by the county. Existing law authorizes a county behavioral health director to develop procedures for the county's designation and training of professionals who will be authorized to perform these functions. This bill would authorize a county to develop a training relating to those procedures for designation. The bill would require a county behavioral health director who denies or revokes an individual's designation to provide a written notification to the person who made the request for designation of the individual, and the individual who is the subject of the request for designation, describing the reasons for denial or revocation. The bill would require the County of Sacramento, if the county has adopted those procedures, to, by April 1, 2022, issue a written policy regarding those procedures. The bill would require the policy to contain specified components, including, among others, a requirement that the county behavioral health director of the County of Sacramento designate individuals employed by the City of Sacramento under certain circumstances. The bill would also prohibit a designated member of a mobile crisis team or a designated professional person from being held civilly or criminally liable, as a result of detaining or transporting a person pursuant to those provisions, for any action by the person detained or transported if they are released at or before the end of the 72-hour detention. By imposing new duties on counties, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento and the City of Sacramento. 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.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2021
Committee Review
Aug 2021
Assembly Passage
Jun 2021
Senate Passage
Aug 2021
Signed into Law
Sep 2021
Introduced Feb 19, 2021
Signed Sep 29, 2021
Floor votes · Senate Aug 30, 2021 · Assembly Jun 1, 2021
How they voted
36–0
Passed · 1 other
Total votes 37
Aug 30, 2021
D
Democratic29
96% Yea
R
Republican8
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
27
Key actions
10
Committee
10
Amendments
6
Sep 29, 2021
Signed into law
Approved by the Governor.
legislature
Sep 1, 2021
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 2652.).
lower
Aug 31, 2021
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77.
lower
Aug 30, 2021
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2240.).
upper
Aug 16, 2021
Upper · Passed
From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.
upper
Jul 14, 2021
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (July 13). Re-referred to Com. on APPR.
upper
Jul 8, 2021
Upper · Passed
Read second time and amended. Re-referred to Com. on JUD.
upper
Jul 7, 2021
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 9. Noes 0.) (July 7).
upper
Jun 16, 2021
Committee
Referred to Coms. on HEALTH and JUD.
upper
Jun 1, 2021
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1741.)
lower
May 20, 2021
Lower · Passed
From committee: Do pass. (Ayes 16. Noes 0.) (May 20).
lower
May 12, 2021
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
May 10, 2021
Committee
Re-referred to Com. on APPR.
lower
May 6, 2021
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.
lower
Apr 21, 2021
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 20). Re-referred to Com. on APPR.
lower
Mar 22, 2021
Committee
Re-referred to Com. on HEALTH.
lower
Mar 18, 2021
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
lower
Mar 18, 2021
Committee
Referred to Com. on HEALTH.
lower
Feb 20, 2021
Lower · Passed
From printer. May be heard in committee March 22.
lower
Feb 19, 2021
Introduced
Introduced. To print.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Kevin McCarty
DDemocratic
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