Susan Eggman
- Democratic
- Senator
- District 5
Author
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 committed. 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. Under existing law, if a person is detained for 72 hours under those provisions, and has received an evaluation, the person may be certified for not more than 14 days of intensive treatment, as specified. Existing law further authorizes a person to be certified for an additional period of not more than 30 days of intensive treatment if the person remains gravely disabled and is unwilling or unable to accept treatment voluntarily. Existing law requires the person to be released at the end of the 30 days, except under specified circumstances, including, but not limited to, when the patient is subject to a conservatorship petition filed pursuant to specified provisions. Existing law requires an evaluation to be made when a gravely disabled person may need to be detained beyond the initial 14-day period, as to whether the person is likely to qualify for appointment of a conservator, and, if so, requires that referral to be made, as specified. This bill would authorize the professional person in charge of the facility providing intensive treatment to the person to file a petition in the superior court for the county in which the facility is located, seeking approval for up to an additional 30 days of intensive treatment. The bill would require the petition to be filed after 15 days of the first 30-day period, but at least 7 days before expiration of the 30 days. The bill would require reasonable attempts to be made by the facility to notify family members or any other person designated by the patient of the time and place of the judicial review, unless the patient requests that the information not be provided. The bill would require the facility treating the patient to advise the patient of the patient's right to request that the information not be provided. The bill would require the court to either deny the petition or order an evidentiary hearing to be held within 2 court days after the petition is filed. The bill would authorize the court to order the person to be held for up to an additional 30 days of intensive treatment if, at the evidentiary hearing, the court makes specified findings, based on the evidence presented, including a finding that the person, as a result of mental disorder or impairment by chronic alcoholism, is gravely disabled. The bill would require the person to be released no later than the expiration of the original 30-day period if the court does not make all of the required findings. The bill also would make conforming changes to the evaluation requirements for determining whether the patient is likely to qualify for appointment of a conservator.
Chaptered by Secretary of State. Chapter 619, Statutes of 2022.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5273.) Ordered to engrossing and enrolling.
Read third time. Passed. Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read third time and amended.
Ordered to third reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 11. Noes 0.) (June 28).
Coauthors revised.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 15. Noes 0.) (June 21). Re-referred to Com. on JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 39. Noes 0. Page 3918.) Ordered to the Assembly.
From committee: Do pass. (Ayes 7. Noes 0. Page 3788.) (May 19).
Read second time. Ordered to third reading.
Set for hearing May 19.
May 9 hearing: Placed on APPR suspense file.
Set for hearing May 9.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 3514.) (April 26). Re-referred to Com. on APPR.
Set for hearing April 26.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 10. Noes 0. Page 3349.) (April 6). Re-referred to Com. on JUD.
Set for hearing April 6.
Re-referred to Coms. on HEALTH, JUD., and APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
From printer.
Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1227 | HTML |
| 02/17/22 - Introduced | |
| 03/15/22 - Amended Senate | |
| 06/23/22 - Amended Assembly | |
| 08/23/22 - Amended Assembly | |
| 09/02/22 - Enrolled | |
| 09/27/22 - Chaptered |
| Document | Format |
|---|---|
| 04/04/22- Senate Health | |
| 04/22/22- Senate Judiciary | |
| 05/06/22- Senate Appropriations | |
| 05/21/22- Sen. Floor Analyses | |
| 06/17/22- Assembly Health | |
| 06/24/22- Assembly Judiciary | |
| 06/29/22- ASSEMBLY FLOOR ANALYSIS | |
| 08/23/22- ASSEMBLY FLOOR ANALYSIS | |
| 08/30/22- Sen. Floor Analyses |
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