SB 402

  • California Senate Bill
  • 2023-2024 Regular Session
  • Introduced in Senate Feb 09, 2023
  • Passed Senate Jan 29, 2024
  • Assembly
  • Governor

Involuntary commitment.

Bill Subjects

Involuntary Commitment

Abstract

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 Sponsors (5)

Votes


Actions


Aug 15, 2024

Assembly

August 15 hearing: Held in committee and under submission.

Aug 07, 2024

Assembly

August 7 set for first hearing. Placed on suspense file.

Jul 03, 2024

Assembly

Read second time and amended. Re-referred to Com. on APPR.

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on APPR.

Jul 02, 2024

Assembly

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (July 2).

Jun 20, 2024

Assembly

Read second time and amended. Re-referred to Com. on JUD.

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on JUD.

Jun 19, 2024

Assembly

From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 16. Noes 0.) (June 18).

Apr 29, 2024

Assembly

Referred to Coms. on HEALTH and JUD.

  • Referral-Committee
Coms. on HEALTH and JUD.

Jan 29, 2024

Senate

Read third time. Passed. (Ayes 37. Noes 1. Page 3047.) Ordered to the Assembly.

Assembly

In Assembly. Read first time. Held at Desk.

Jan 12, 2024

Senate

Read second time and amended. Ordered to third reading.

Jan 11, 2024

Senate

From committee: Do pass as amended. (Ayes 10. Noes 0. Page 2979.) (January 11).

Jan 10, 2024

Senate

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.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on JUD.

Jan 04, 2024

Senate

Set for hearing January 11 in JUD. pending receipt.

Jan 03, 2024

Senate

Re-referred to Com. on RLS.

  • Referral-Committee
Com. on RLS.

Senate

Withdrawn from committee.

Senate

Set for hearing January 10.

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on HEALTH.

Senate

Re-referred to Coms. on HEALTH and JUD.

  • Referral-Committee
Coms. on HEALTH and JUD.

Feb 22, 2023

Senate

Referred to Coms. on HEALTH and G.O.

  • Referral-Committee
Coms. on HEALTH and G.O.

Feb 10, 2023

Senate

From printer. May be acted upon on or after March 12.

Feb 09, 2023

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB402 HTML
02/09/23 - Introduced PDF
01/03/24 - Amended Senate PDF
01/12/24 - Amended Senate PDF
06/20/24 - Amended Assembly PDF
07/03/24 - Amended Assembly PDF

Related Documents

Document Format
01/10/24- Senate Judiciary PDF
01/11/24- Senate Health PDF
01/12/24- Sen. Floor Analyses PDF
06/14/24- Assembly Health PDF
06/28/24- Assembly Judiciary PDF
08/05/24- Assembly Appropriations PDF

Sources

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