CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2015Introduced by Assembly Member EggmanJanuary 29, 2020 An act to amend Section 5256.2 of the Welfare and Institutions Code, relating to public social services. LEGISLATIVE COUNSEL'S DIGESTAB 2015, as introduced, Eggman. Certification for intensive treatment: review hearing.Existing law authorizes a peace officer or a professional designated by the county to take a person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment, when the person is a danger to self or others, or is gravely disabled, as a result of a mental health disorder. Existing law also authorizes a court to order the evaluation of a person who is alleged to be a danger to self or others as a result of a mental disorder, or the evaluation of a criminal defendant who appears to be a danger to self or others, or to be gravely disabled, as a result of chronic alcoholism or the use of narcotics or restricted dangerous drugs. Existing law authorizes a person who is detained or under court order pursuant to those provisions to be certified, under certain conditions, for not more than 14 days of intensive treatment related to the mental health disorder or impairment by chronic alcoholism.Existing law requires that a certification review hearing be held, as specified, and governs the procedure for presenting evidence at the hearing. Existing law requires the hearing to be conducted by either a court-appointed commissioner or a referee, or a certification review hearing officer, as described. Existing law authorizes the person to be detained for involuntary care, protection, and treatment related to the mental disorder or impairment by chronic alcoholism if, at the conclusion of the certification review hearing, the person conducting the hearing finds that there is probable cause that the person certified is a danger to self or others or is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, as specified.This bill would authorize the evidence presented in support of the certification decision to include information regarding the persons medical condition and how that condition bears on the persons ability to survive safely without involuntary detention. The bill would require the hearing officer to consider the information in the determination of probable cause.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5256.2 of the Welfare and Institutions Code is amended to read:5256.2. At the certification review hearing, the evidence in support of the certification decision shall be presented by a person designated by the director of the facility. In addition, either the district attorney or the county counsel may, at his or her in the district attorneys or county counsels discretion, elect to present evidence at the certification review hearing. The evidence presented in support of the certification decision may include information regarding the persons medical condition and how that condition bears on the persons ability to survive safely without involuntary detention. The information shall be considered by the hearing officer in the determination of probable cause, as set forth in Section 5256.6.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2015Introduced by Assembly Member EggmanJanuary 29, 2020 An act to amend Section 5256.2 of the Welfare and Institutions Code, relating to public social services. LEGISLATIVE COUNSEL'S DIGESTAB 2015, as introduced, Eggman. Certification for intensive treatment: review hearing.Existing law authorizes a peace officer or a professional designated by the county to take a person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment, when the person is a danger to self or others, or is gravely disabled, as a result of a mental health disorder. Existing law also authorizes a court to order the evaluation of a person who is alleged to be a danger to self or others as a result of a mental disorder, or the evaluation of a criminal defendant who appears to be a danger to self or others, or to be gravely disabled, as a result of chronic alcoholism or the use of narcotics or restricted dangerous drugs. Existing law authorizes a person who is detained or under court order pursuant to those provisions to be certified, under certain conditions, for not more than 14 days of intensive treatment related to the mental health disorder or impairment by chronic alcoholism.Existing law requires that a certification review hearing be held, as specified, and governs the procedure for presenting evidence at the hearing. Existing law requires the hearing to be conducted by either a court-appointed commissioner or a referee, or a certification review hearing officer, as described. Existing law authorizes the person to be detained for involuntary care, protection, and treatment related to the mental disorder or impairment by chronic alcoholism if, at the conclusion of the certification review hearing, the person conducting the hearing finds that there is probable cause that the person certified is a danger to self or others or is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, as specified.This bill would authorize the evidence presented in support of the certification decision to include information regarding the persons medical condition and how that condition bears on the persons ability to survive safely without involuntary detention. The bill would require the hearing officer to consider the information in the determination of probable cause.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 2015
Introduced by Assembly Member EggmanJanuary 29, 2020
Introduced by Assembly Member Eggman
January 29, 2020
An act to amend Section 5256.2 of the Welfare and Institutions Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2015, as introduced, Eggman. Certification for intensive treatment: review hearing.
Existing law authorizes a peace officer or a professional designated by the county to take a person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment, when the person is a danger to self or others, or is gravely disabled, as a result of a mental health disorder. Existing law also authorizes a court to order the evaluation of a person who is alleged to be a danger to self or others as a result of a mental disorder, or the evaluation of a criminal defendant who appears to be a danger to self or others, or to be gravely disabled, as a result of chronic alcoholism or the use of narcotics or restricted dangerous drugs. Existing law authorizes a person who is detained or under court order pursuant to those provisions to be certified, under certain conditions, for not more than 14 days of intensive treatment related to the mental health disorder or impairment by chronic alcoholism.Existing law requires that a certification review hearing be held, as specified, and governs the procedure for presenting evidence at the hearing. Existing law requires the hearing to be conducted by either a court-appointed commissioner or a referee, or a certification review hearing officer, as described. Existing law authorizes the person to be detained for involuntary care, protection, and treatment related to the mental disorder or impairment by chronic alcoholism if, at the conclusion of the certification review hearing, the person conducting the hearing finds that there is probable cause that the person certified is a danger to self or others or is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, as specified.This bill would authorize the evidence presented in support of the certification decision to include information regarding the persons medical condition and how that condition bears on the persons ability to survive safely without involuntary detention. The bill would require the hearing officer to consider the information in the determination of probable cause.
Existing law authorizes a peace officer or a professional designated by the county to take a person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment, when the person is a danger to self or others, or is gravely disabled, as a result of a mental health disorder. Existing law also authorizes a court to order the evaluation of a person who is alleged to be a danger to self or others as a result of a mental disorder, or the evaluation of a criminal defendant who appears to be a danger to self or others, or to be gravely disabled, as a result of chronic alcoholism or the use of narcotics or restricted dangerous drugs. Existing law authorizes a person who is detained or under court order pursuant to those provisions to be certified, under certain conditions, for not more than 14 days of intensive treatment related to the mental health disorder or impairment by chronic alcoholism.
Existing law requires that a certification review hearing be held, as specified, and governs the procedure for presenting evidence at the hearing. Existing law requires the hearing to be conducted by either a court-appointed commissioner or a referee, or a certification review hearing officer, as described. Existing law authorizes the person to be detained for involuntary care, protection, and treatment related to the mental disorder or impairment by chronic alcoholism if, at the conclusion of the certification review hearing, the person conducting the hearing finds that there is probable cause that the person certified is a danger to self or others or is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, as specified.
This bill would authorize the evidence presented in support of the certification decision to include information regarding the persons medical condition and how that condition bears on the persons ability to survive safely without involuntary detention. The bill would require the hearing officer to consider the information in the determination of probable cause.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 5256.2 of the Welfare and Institutions Code is amended to read:5256.2. At the certification review hearing, the evidence in support of the certification decision shall be presented by a person designated by the director of the facility. In addition, either the district attorney or the county counsel may, at his or her in the district attorneys or county counsels discretion, elect to present evidence at the certification review hearing. The evidence presented in support of the certification decision may include information regarding the persons medical condition and how that condition bears on the persons ability to survive safely without involuntary detention. The information shall be considered by the hearing officer in the determination of probable cause, as set forth in Section 5256.6.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 5256.2 of the Welfare and Institutions Code is amended to read:5256.2. At the certification review hearing, the evidence in support of the certification decision shall be presented by a person designated by the director of the facility. In addition, either the district attorney or the county counsel may, at his or her in the district attorneys or county counsels discretion, elect to present evidence at the certification review hearing. The evidence presented in support of the certification decision may include information regarding the persons medical condition and how that condition bears on the persons ability to survive safely without involuntary detention. The information shall be considered by the hearing officer in the determination of probable cause, as set forth in Section 5256.6.
SECTION 1. Section 5256.2 of the Welfare and Institutions Code is amended to read:
### SECTION 1.
5256.2. At the certification review hearing, the evidence in support of the certification decision shall be presented by a person designated by the director of the facility. In addition, either the district attorney or the county counsel may, at his or her in the district attorneys or county counsels discretion, elect to present evidence at the certification review hearing. The evidence presented in support of the certification decision may include information regarding the persons medical condition and how that condition bears on the persons ability to survive safely without involuntary detention. The information shall be considered by the hearing officer in the determination of probable cause, as set forth in Section 5256.6.
5256.2. At the certification review hearing, the evidence in support of the certification decision shall be presented by a person designated by the director of the facility. In addition, either the district attorney or the county counsel may, at his or her in the district attorneys or county counsels discretion, elect to present evidence at the certification review hearing. The evidence presented in support of the certification decision may include information regarding the persons medical condition and how that condition bears on the persons ability to survive safely without involuntary detention. The information shall be considered by the hearing officer in the determination of probable cause, as set forth in Section 5256.6.
5256.2. At the certification review hearing, the evidence in support of the certification decision shall be presented by a person designated by the director of the facility. In addition, either the district attorney or the county counsel may, at his or her in the district attorneys or county counsels discretion, elect to present evidence at the certification review hearing. The evidence presented in support of the certification decision may include information regarding the persons medical condition and how that condition bears on the persons ability to survive safely without involuntary detention. The information shall be considered by the hearing officer in the determination of probable cause, as set forth in Section 5256.6.
5256.2. At the certification review hearing, the evidence in support of the certification decision shall be presented by a person designated by the director of the facility. In addition, either the district attorney or the county counsel may, at his or her in the district attorneys or county counsels discretion, elect to present evidence at the certification review hearing. The evidence presented in support of the certification decision may include information regarding the persons medical condition and how that condition bears on the persons ability to survive safely without involuntary detention. The information shall be considered by the hearing officer in the determination of probable cause, as set forth in Section 5256.6.