California 2019-2020 Regular Session

California Assembly Bill AB1861

Caption

Mental health: involuntary commitment.

Impact

The proposed amendments reinforce the principle that mental health personnel cannot impede a peace officer's actions when transporting individuals for assessment. By explicitly stating that peace officers should not be instructed to take individuals to jail due to inadequate facilities, the bill aims to enhance the integrity of the mental health response system. This change is expected to reduce the likelihood of individuals in crises being unjustly incarcerated or delayed in receiving necessary mental health services, aligning with broader efforts to reform the handling of mental health crises at the state level.

Summary

Assembly Bill 1861, introduced by Assembly Member Santiago, proposes amendments to Section 5150.1 of the Welfare and Institutions Code, which governs processes related to the involuntary commitment of individuals deemed to be a danger to themselves or others due to mental health disorders. This bill seeks to clarify the responsibilities and limits of mental health personnel in relation to peace officers engaged in transporting such individuals for treatment and evaluation. The intent is to streamline the protocol to ensure that individuals in crisis receive timely assessments without unnecessary delays or diversions to jails due to a lack of available treatment beds.

Contention

While the bill primarily makes technical adjustments, it underscores ongoing concerns about the intersection of law enforcement and mental health services. Critics may argue about the adequacy of mental health resources available to ensure that individuals are appropriately assessed and treated, rather than being criminalized for their conditions. Additionally, the balance of power in crisis interventions might be scrutinized, particularly regarding the limitations placed on mental health professionals when collaborating with law enforcement, thus calling into question the effectiveness of this approach in community mental health practices.

Companion Bills

No companion bills found.

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