Susan Eggman
- Democratic
- Senator
- District 5
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment of persons who are a danger to themselves or others, or who are gravely disabled, due to a mental disorder or chronic alcoholism or drug abuse for 72 hours for evaluation and treatment, as specified. If certain conditions are met after the 72-hour detention, the act authorizes the certification of the person for a 14-day maximum period of intensive treatment and then another 14-day or 30-day maximum period of intensive treatment after the initial 14-day period of intensive treatment. Existing law, during the 30-day period of intensive treatment, as specified, also authorizes up to an additional 30 days of intensive treatment if certain conditions are met. Existing law authorizes the administration of antipsychotic medication to a person who is detained for evaluation and treatment for any of those detention periods, except for the second 30-day period. Existing law establishes a process for hearings to determine a person's capacity to refuse the treatment. Existing law requires a determination of a person's incapacity to refuse treatment with antipsychotic medication to remain in effect only for the duration of the 72-hour period or initial 14-day intensive treatment period, or both, until capacity is restored, or by court determination. Existing law generally requires the capacity hearings described above to be held within 24 hours of the filing of a petition to determine a person's capacity to refuse treatment. Existing law authorizes the hearing to be postponed in certain circumstances, but prohibits the hearing from being held beyond 72 hours of the filing of the petition. This bill would authorize, except as specified, a person's treating physician to request a hearing for a new determination of a person's capacity to refuse treatment with antipsychotic medication at any time in the 48 hours prior to the end of the duration of the current detention period when it reasonably appears to the treating physician that it is necessary for the person to be detained for a subsequent detention period and their capacity has not been restored. The bill would require, under exigent circumstances, the hearing to determine a person's capacity to refuse treatment to be held as soon as reasonably practicable and within 24 hours. The bill would require, under exigent circumstances, an order for treatment with antipsychotic medication to remain in effect at the beginning of the 14-day period, or the additional 30-day period after the 14-day intensive treatment period, or the second 30-day period, provided that a petition for a new determination on the question of capacity has been filed, and would require the order to remain in effect until a hearing on that petition for that detention period is held and a decision issued. The bill would specify the factors required to be present in order for there to be exigent circumstances necessitating an expedited hearing, including, among others, that there has been a delay in a hearing to determine a person's capacity to refuse treatment with antipsychotic medication, creating a risk that the existing capacity determination may expire before a new capacity determination is made, and the person's treating physician executes a specified written attestation of exigent circumstances that is maintained in the person's medical record. The bill would require that, each time one of those attestations is made and an order for treatment with antipsychotic medication remains in effect, the treating facility report specified information to the county behavioral health director in the county in which they operate. The bill would require the county behavioral health directors to provide that information to the department, and would require the department to include that information in an annual report it is required to publish. The bill would make these provisions inoperative on January 1, 2030. By increasing the duties on county behavioral health directors, 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.
Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. Ordered to the Senate.
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 14. Noes 0.) (August 15).
August 7 set for first hearing. Placed on suspense file.
Read second time. Ordered to third reading.
Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 10. Noes 0.) (June 25).
June 18 set for first hearing canceled at the request of author.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 16. Noes 0.) (June 11). Re-referred to Com. on JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 39. Noes 0. Page 4078.) Ordered to the Assembly.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 11. Noes 0. Page 3820.) (April 30).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Set for hearing April 30.
Read second time and amended. Re-referred to Com. on JUD.
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 11. Noes 0. Page 3380.) (March 20).
Set for hearing March 20.
From printer. May be acted upon on or after March 16.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Bill Text Versions | Format |
---|---|
SB1184 | HTML |
02/14/24 - Introduced | |
03/21/24 - Amended Senate | |
04/22/24 - Amended Senate | |
05/02/24 - Amended Senate | |
06/26/24 - Amended Assembly | |
08/20/24 - Amended Assembly | |
08/30/24 - Enrolled |
Document | Format |
---|---|
03/18/24- Senate Health | |
04/26/24- Senate Judiciary | |
05/02/24- Sen. Floor Analyses | |
06/07/24- Assembly Health | |
06/21/24- Assembly Judiciary | |
08/05/24- Assembly Appropriations | |
08/19/24- ASSEMBLY FLOOR ANALYSIS | |
08/21/24- ASSEMBLY FLOOR ANALYSIS | |
08/27/24- Sen. Floor Analyses |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.