California 2019-2020 Regular Session

California Assembly Bill AB3188

Introduced
2/21/20  

Caption

Mental health: involuntary treatment.

Impact

The bill introduces technical changes that ensure better adherence to the principles of the Lanterman-Petris-Short Act, which governs the criteria under which individuals can be involuntarily detained for mental health issues. The revisions emphasize ongoing evaluations during the 72-hour custody period. By clarifying responsibilities of involved parties, it addresses potential ambiguities present in the previous statute, thereby enhancing the quality of care and ensuring that individuals are only detained when absolutely necessary.

Summary

Assembly Bill No. 3188, introduced by Assembly Member Wood, proposes amendments to Section 5150 of the Welfare and Institutions Code, focusing on mental health involuntary treatment procedures. The bill aims to refine existing laws related to the involuntary commitment of individuals deemed a danger to themselves or others due to mental health disorders. Its core provisions allow designated personnel, including peace officers and mental health professionals, to take custody of such individuals for evaluation and treatment for up to 72 hours.

Contention

While the bill mainly focuses on improving mental health procedures, there are concerns regarding the implications for civil liberties. Critics may argue that even technical changes could pave the way for more stringent criteria that might unintentionally facilitate the involuntary detainment of individuals without their consent. As such discussions unfold, the balance between protecting individuals at risk and preserving their rights remains a contentious topic among stakeholders, including mental health advocates and legal professionals.

Companion Bills

No companion bills found.

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