Involuntary commitment.
Summary
Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary commitment and treatment of persons with specified mental disorders. Under the act, when a person, as a result of a mental health disorder, is a danger to self or others, or gravely disabled, the person may, upon probable cause, be taken into custody by specified individuals, including, among others, by peace officers and designated members of a mobile crisis team, 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. This bill would additionally authorize, until January 1, 2030, a person to be taken into custody, pursuant to those provisions, by a licensed mental health professional, as defined. The bill would require a licensed mental health professional who is not direct staff of, or contracted by, a county to complete a specified training prior to exercising that authority and would prohibit those licensed mental health professionals from transporting a person taken into custody pursuant to the above-described provisions unless specifically authorized by the county to do so. Existing law requires the State Department of Health Care Services to collect and publish annually quantitative information concerning the operation of various provisions relating to community mental health services, including the number of persons admitted for evaluation and treatment for certain periods, transferred to mental health facilities, and for whom certain conservatorships are established, as specified. Existing law requires each county behavioral health director, each designated and approved facility, and each other entity, as specified, to provide accurate and complete data as prescribed by the department. This bill would require county behavioral health directors to provide, and would require the State Department of Health Care Services to collect and publish, additional information, including, among other things, the number of individuals designated by each county to perform specified functions, their profession, and the number of holds initiated per profession, as specified. The bill would require each law enforcement agency to provide accurate and complete data to the department regarding the number of holds initiated by a peace officer. By increasing the duties on county behavioral health directors and law enforcement agencies, 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 the statutory provisions noted above.
Bill status
passed
3 of 5 stages cleared
Introduction
Feb 2023
Committee Review
Aug 2024
Senate Passage
Jan 2024
Assembly Passage
Governor
Introduced Feb 9, 2023
Last action Aug 15, 2024
Floor votes · Senate Jan 29, 2024
How they voted
37–1
Passed · 2 other
Total votes 40
Jan 29, 2024
D
Democratic31
96% Yea
R
Republican9
77% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
21
Key actions
10
Committee
6
Amendments
7
Aug 15, 2024
Lower · Passed
August 15 hearing: Held in committee and under submission.
lower
Jul 3, 2024
Lower · Passed
Read second time and amended. Re-referred to Com. on APPR.
lower
Jul 2, 2024
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (July 2).
lower
Jun 20, 2024
Lower · Passed
Read second time and amended. Re-referred to Com. on JUD.
lower
Jun 19, 2024
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 16. Noes 0.) (June 18).
lower
Apr 29, 2024
Committee
Referred to Coms. on HEALTH and JUD.
lower
Jan 29, 2024
Upper · Passed
Read third time. Passed. (Ayes 37. Noes 1. Page 3047.) Ordered to the Assembly.
upper
Jan 12, 2024
Upper · Passed
Read second time and amended. Ordered to third reading.
upper
Jan 11, 2024
Upper · Passed
From committee: Do pass as amended. (Ayes 10. Noes 0. Page 2979.) (January 11).
upper
Jan 10, 2024
Upper · Passed
From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 1. Page 2970.) (January 10). Re-referred to Com. on JUD.
upper
Jan 3, 2024
Committee
Re-referred to Coms. on HEALTH and JUD.
upper
Jan 3, 2024
Committee
Re-referred to Com. on RLS.
upper
Jan 3, 2024
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
upper
Feb 22, 2023
Committee
Referred to Coms. on HEALTH and G.O.
upper
Feb 9, 2023
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 4 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Aisha Wahab
DDemocratic
Co
Corey Jackson
DDemocratic
Co
Juan Alanis
RRepublican
Co
Mike Gipson
DDemocratic
Co
Tom Lackey
RRepublican
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