CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2275Introduced by Assembly Members Wood and StoneFebruary 16, 2022 An act to amend Sections 5150, 5151, 5256, 5258, 5402, and 5585.20 of, and to add Section 5150.6 to, the Welfare and Institutions Code, relating to mental health. LEGISLATIVE COUNSEL'S DIGESTAB 2275, as introduced, Wood. Mental health: involuntary commitment.Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders for the protection of the persons committed. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody 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. 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 a 30-day maximum period of intensive treatment after the 14-day period. Existing law requires a certification review hearing to be held when a person is certified for a 14-day or 30-day intensive treatment detention, except as specified, and requires it to be within 4 days of the date on which the person is certified. Existing law, after the involuntary detention has begun, prohibits the total period of detention, including intervening periods of voluntary treatment, from exceeding the total maximum period during which the person could have been detained, if the person had been detained continuously on an involuntary basis, from the time of initial involuntary detention.This bill would, among other things, specify that the 72-hour period of detention begins at the time when the person is first detained. The bill would, if a facility detaining a person on a 72-hour detention is not a county-designated facility for evaluation and treatment, require the facility staff, or other person designated by the county, to take all possible steps to release the detained person or transfer them to a designated facility within 72 hours of their detention, as specified. The bill would require that a certification review hearing be held within 7 days of the initial detention when a person is certified for 14-day or 30-day intensive treatment or has been placed on a sequence of 72-hour detentions while awaiting placement at a designated facility. The bill would prohibit the total period of detention in which a person has been detained for a 72-hour hold and a 14-day intensive treatment after the involuntary detention has begun from exceeding 17 days.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, or for whom certain conservatorships are established, as specified. Existing law requires each local mental health director, and each facility providing services to persons under those provisions, to provide the department, upon its request, with any information, records, and reports that the department deems necessary for purposes of the data collection and publication.This bill would specify that the departments requirement to collect and publish that information shall be done by May 1 of each year for information regarding the previous fiscal year, and would additionally require the report to include, at a minimum, the number of instances in which a person was admitted for those various treatment periods or a conservatorship was established, and the number of the different types of placement a person is in immediately following the termination of each instance in which a person was treatment or had a conservatorship established, among other things. The bill would instead require the local mental health director, and each facility providing services to persons pursuant to the act, to provide the department by October 1 of each year with the information. To the extent that the bill would increase the duties of local mental health directors or facilities of local entities with regard to providing the department with new types of data, the 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5150 of the Welfare and Institutions Code is amended to read:5150. (a) When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, themselves, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. The 72-hour period begins at the time when the person is first detained. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service.(b) When determining if a person should be taken into custody pursuant to subdivision (a), the individual making that determination shall apply the provisions of Section 5150.05, and shall not be limited to consideration of the danger of imminent harm.(c) The professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county shall assess the person to determine whether he or she the person can be properly served without being detained. If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person can be properly served without being detained, he or she the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. Nothing in this subdivision shall be interpreted to This subdivision does not prevent a peace officer from delivering individuals an individual to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision shall not be interpreted to does not require a peace officers officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.(d) Whenever If a person is evaluated by a professional person in charge of a facility designated by the county for evaluation or treatment, member of the attending staff, or professional person designated by the county and is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided pursuant to subdivision (c) shall be offered offered, as determined by the county mental health director.(e) If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or the professional person designated by the county, the person cannot be properly served without being detained, the admitting facility shall require an application in writing stating the circumstances under which the persons condition was called to the attention of the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, and stating that the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county has probable cause to believe that the person is, as a result of a mental health disorder, a danger to others, or to himself or herself, themselves, or gravely disabled. The application shall also record whether the historical course of the persons mental disorder was considered in the determination, pursuant to Section 5150.05. If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person shall be liable in a civil action for intentionally giving a statement that he or she the person knows to be false. A copy of the application shall be treated as the original.(f) At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the persons personal property, the person taking him or her them into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of or on the premises occupied by the person. The person taking him or her them into custody shall then furnish to the court a report generally describing the persons property so preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211, except that if a responsible relative or the guardian or conservator of the person is in possession of the persons property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking him or her them into custody for that property shall terminate. As used in this section, responsible relative includes the spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister of the person.(g) (1) Each person, at the time he or she the person is first taken into custody under this section, shall be provided, by the person who takes him or her them into custody, the following information orally in a language or modality accessible to the person. If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form:My name is .I am a _____ (peace officer/mental health professional) _____ .with _____ (name of agency) _____ .You are not under criminal arrest, but I am taking you for an examination by mental health professionals at . _____ (name of facility) _____ You will be told your rights by the mental health staff.(2) If taken into custody at his or her the persons own residence, the person shall also be provided the following information:You may bring a few personal items with you, which I will have to approve. Please inform me if you need assistance turning off any appliance or water. You may make a phone call and leave a note to tell your friends or family where you have been taken.(h) The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (g) which shall include all of the following:(1) The name of the person detained for evaluation.(2) The name and position of the peace officer or mental health professional taking the person into custody.(3) The date the advisement was completed.(4) Whether the advisement was completed.(5) The language or modality used to give the advisement.(6) If the advisement was not completed, a statement of good cause, as defined by regulations of the State Department of Health Care Services.(i) (1) Each person admitted to a facility designated by the county for evaluation and treatment shall be given the following information by admission staff of the facility. The information shall be given orally and in writing and in a language or modality accessible to the person. The written information shall be available to the person in English and in the language that is the persons primary means of communication. Accommodations for other disabilities that may affect communication shall also be provided. The information shall be in substantially the following form:My name is .My position here is.You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable): Harm yourself. Harm someone else. Be unable to take care of your own food, clothing, and housing needs. We believe this is true because(list of the facts upon which the allegation of dangerous or gravely disabled due to mental health disorder is based, including pertinent facts arising from the admission interview).You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can.During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge.If you have questions about your legal rights, you may contact the county Patients Rights Advocate at _____ (phone number for the county Patients Rights Advocacy office) _____ .Your 72-hour period began _____ (date/time) _____ .(2) If the notice is given in a county where weekends and holidays are excluded from the 72-hour period, the patient person shall be informed of this fact.(j) For each patient person admitted for evaluation and treatment, the facility shall keep with the patients persons medical record a record of the advisement given pursuant to subdivision (i), which shall include all of the following:(1) The name of the person performing the advisement.(2) The date of the advisement.(3) Whether the advisement was completed.(4) The language or modality used to communicate the advisement.(5) If the advisement was not completed, a statement of good cause.SEC. 2. Section 5150.6 is added to the Welfare and Institutions Code, to read:5150.6. (a) If the facility detaining a person detained pursuant to Section 5150 is not designated by the county for evaluation and treatment and approved by the State Department of Health Care Services, the facility staff, or other person designated by the county, shall take all possible steps to release the detention and release the detained person or transfer them to a designated facility within 72 hours of their detention.(b) If it is impossible due to circumstances beyond the nondesignated facilitys control to transfer a person detained pursuant to Section 5150 to a designated facility within 72 hours from detention, the nondesignated facility may do either of the following at or before the expiration of the 72 hours from initial detention:(1) Release the detention and release the detained person. If a nondesignated facility chooses to release the detention and release the detained person, the facility staff shall not cause to be taken, within 12 hours of discharge, the same person into custody for a subsequent detention pursuant to Section 5150.(2) If, after evaluation, in person or by telehealth pursuant to Section 5150.5, the opinion of a person designated by the county is that the detained person continues to meet the legal criteria for detention pursuant to Section 5150, the person may be detained for a subsequent detention pursuant to Section 5150 in order to allow for continued efforts to place the detained person in a designated facility. Any subsequent detentions pursuant to Section 5150 shall commence before the expiration of the prior detention. At the time that a nondesignated facility places a person into detention pursuant to Section 5150, based upon the opinion of the designated person, as set forth in this paragraph, the facility shall notify the county patients rights advocate, as defined in Section 5500. Any subsequent detention taken pursuant to Section 5150 may only last as long as a person continues to meet the legal criteria for the detention or until the person is placed at a designated facility.(c) If a person is detained for multiple, consecutive detentions pursuant to Section 5150 that last for seven consecutive days, the detained person is entitled to a certification review hearing pursuant to Sections 5256 to 5256.8, inclusive, unless the person requests judicial review pursuant to Section 5275 or 5276. SEC. 3. Section 5151 of the Welfare and Institutions Code is amended to read:5151. (a) If the facility designated by the county for evaluation and treatment admits the person, it may detain the person for evaluation and treatment for a period not to exceed 72 hours. hours from the time that the person was first detained pursuant to Section 5150. Saturdays, Sundays, and holidays may be excluded from the period if the State Department of Health Care Services certifies for each facility that evaluation and treatment services cannot reasonably be made available on those days. The certification by the department is subject to renewal every two years. The department shall adopt regulations defining criteria for determining whether a facility can reasonably be expected to make evaluation and treatment services available on Saturdays, Sundays, and holidays.(b) Prior to admitting a person to the facility for treatment and evaluation pursuant to Section 5150, the professional person in charge of the facility or a designee shall assess the individual to determine the appropriateness of the involuntary detention. This assessment shall be made face-to-face either in person or by synchronous interaction through a mode of telehealth that utilizes both audio and visual components.SEC. 4. Section 5256 of the Welfare and Institutions Code is amended to read:5256. When a person is certified for intensive treatment pursuant to Sections 5250 and 5270.15, or has been placed on a sequence of detentions pursuant to Section 5150 while awaiting placement at a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services, a certification review hearing shall be held unless judicial review has been requested as provided in Sections 5275 and 5276. The certification review hearing shall be within four days of the date on which the person is certified for a period of intensive treatment seven days of the date on which the person was initially detained pursuant to Section 5150 unless postponed by request of the person or his or her their attorney or advocate. Hearings may be postponed for 48 hours or, in counties with a population of 100,000 or less, until the next regularly scheduled hearing date.SEC. 5. Section 5258 of the Welfare and Institutions Code is amended to read:5258. After the involuntary detention has begun, the total period of detention, including intervening periods of voluntary treatment, in which a person has been detained pursuant to Sections 5150 and 5250 combined shall not exceed the total maximum period during which the person could have been detained, if the person had been detained continuously on an involuntary basis, from the time of initial involuntary detention. 17 days.SEC. 6. Section 5402 of the Welfare and Institutions Code is amended to read:5402. (a) The State Department of Health Care Services shall collect and publish annually quantitative by May 1 of each year information concerning the operation of this division including the from the previous fiscal year. The report shall, at a minimum, include all of the following information:(1) The number of persons persons, and the number of instances in which a person was, admitted for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment, treatment; the number of persons persons, and the number of instances in which a person was, transferred to mental health facilities pursuant to Section 4011.6 of the Penal Code, Code; the number of persons for whom whom, and the number of instances in which, temporary conservatorships are established, established; and the number of persons for whom whom, and the number of instances in which, conservatorships are established in each county.(2) The number of persons admitted either once, between two and five times, between six and eight times, and greater than eight times for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment.(3) The number of the different types of placement a person is in immediately following the termination of each instance in which a person was admitted for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment, transfers to mental health facilities pursuant to Section 4011.6 of the Penal Code, temporary conservatorships, and conservatorships. The different types of placements include, but are not limited to, transition to a higher level of care, independent living in the persons own house or apartment, community-based housing, community-based housing with services, shelter, and no housing.(4) An analysis stratifying the data reported in paragraphs (1) to (3), inclusive, by county, race, ethnicity, gender identity, age group, veteran status, housing status, and Medi-Cal enrollment status, if known.(b) Each local mental health director, and each facility providing services to persons pursuant to this division, shall provide the department, upon its request, by October 1 of each year, with any information, records, and reports which from the previous year that the department deems necessary for the purposes of this section. The department shall not have access to any patient name identifiers.(c) Information published pursuant to this section shall not contain patient name identifiers and shall contain statistical data only. or information that would otherwise allow an individual to link the published information to a specific person.(d) The department shall make the reports available to medical, legal, and other professional groups involved in the implementation of this division.SEC. 7. Section 5585.20 of the Welfare and Institutions Code is amended to read:5585.20. This part shall apply only to the initial 72 hours of mental health evaluation and treatment provided to a minor. Notwithstanding the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)), unless the context otherwise requires, the definitions and procedures contained in this part shall, for the initial 72 hours of evaluation and treatment, govern the construction of state law governing the civil commitment of minors for involuntary treatment. To the extent that this part conflicts with any other provisions of law, it is the intent of the Legislature that this part shall apply. Evaluation and treatment of a minor beyond the initial 72 hours shall be pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)). The procedures required by Section 5150.6 apply to minors if they are held on sequential detentions pursuant to Section 5150 that last beyond the initial 72 hours from detention.SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2275Introduced by Assembly Members Wood and StoneFebruary 16, 2022 An act to amend Sections 5150, 5151, 5256, 5258, 5402, and 5585.20 of, and to add Section 5150.6 to, the Welfare and Institutions Code, relating to mental health. LEGISLATIVE COUNSEL'S DIGESTAB 2275, as introduced, Wood. Mental health: involuntary commitment.Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders for the protection of the persons committed. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody 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. 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 a 30-day maximum period of intensive treatment after the 14-day period. Existing law requires a certification review hearing to be held when a person is certified for a 14-day or 30-day intensive treatment detention, except as specified, and requires it to be within 4 days of the date on which the person is certified. Existing law, after the involuntary detention has begun, prohibits the total period of detention, including intervening periods of voluntary treatment, from exceeding the total maximum period during which the person could have been detained, if the person had been detained continuously on an involuntary basis, from the time of initial involuntary detention.This bill would, among other things, specify that the 72-hour period of detention begins at the time when the person is first detained. The bill would, if a facility detaining a person on a 72-hour detention is not a county-designated facility for evaluation and treatment, require the facility staff, or other person designated by the county, to take all possible steps to release the detained person or transfer them to a designated facility within 72 hours of their detention, as specified. The bill would require that a certification review hearing be held within 7 days of the initial detention when a person is certified for 14-day or 30-day intensive treatment or has been placed on a sequence of 72-hour detentions while awaiting placement at a designated facility. The bill would prohibit the total period of detention in which a person has been detained for a 72-hour hold and a 14-day intensive treatment after the involuntary detention has begun from exceeding 17 days.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, or for whom certain conservatorships are established, as specified. Existing law requires each local mental health director, and each facility providing services to persons under those provisions, to provide the department, upon its request, with any information, records, and reports that the department deems necessary for purposes of the data collection and publication.This bill would specify that the departments requirement to collect and publish that information shall be done by May 1 of each year for information regarding the previous fiscal year, and would additionally require the report to include, at a minimum, the number of instances in which a person was admitted for those various treatment periods or a conservatorship was established, and the number of the different types of placement a person is in immediately following the termination of each instance in which a person was treatment or had a conservatorship established, among other things. The bill would instead require the local mental health director, and each facility providing services to persons pursuant to the act, to provide the department by October 1 of each year with the information. To the extent that the bill would increase the duties of local mental health directors or facilities of local entities with regard to providing the department with new types of data, the 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2275
Introduced by Assembly Members Wood and StoneFebruary 16, 2022
Introduced by Assembly Members Wood and Stone
February 16, 2022
An act to amend Sections 5150, 5151, 5256, 5258, 5402, and 5585.20 of, and to add Section 5150.6 to, the Welfare and Institutions Code, relating to mental health.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2275, as introduced, Wood. Mental health: involuntary commitment.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders for the protection of the persons committed. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody 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. 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 a 30-day maximum period of intensive treatment after the 14-day period. Existing law requires a certification review hearing to be held when a person is certified for a 14-day or 30-day intensive treatment detention, except as specified, and requires it to be within 4 days of the date on which the person is certified. Existing law, after the involuntary detention has begun, prohibits the total period of detention, including intervening periods of voluntary treatment, from exceeding the total maximum period during which the person could have been detained, if the person had been detained continuously on an involuntary basis, from the time of initial involuntary detention.This bill would, among other things, specify that the 72-hour period of detention begins at the time when the person is first detained. The bill would, if a facility detaining a person on a 72-hour detention is not a county-designated facility for evaluation and treatment, require the facility staff, or other person designated by the county, to take all possible steps to release the detained person or transfer them to a designated facility within 72 hours of their detention, as specified. The bill would require that a certification review hearing be held within 7 days of the initial detention when a person is certified for 14-day or 30-day intensive treatment or has been placed on a sequence of 72-hour detentions while awaiting placement at a designated facility. The bill would prohibit the total period of detention in which a person has been detained for a 72-hour hold and a 14-day intensive treatment after the involuntary detention has begun from exceeding 17 days.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, or for whom certain conservatorships are established, as specified. Existing law requires each local mental health director, and each facility providing services to persons under those provisions, to provide the department, upon its request, with any information, records, and reports that the department deems necessary for purposes of the data collection and publication.This bill would specify that the departments requirement to collect and publish that information shall be done by May 1 of each year for information regarding the previous fiscal year, and would additionally require the report to include, at a minimum, the number of instances in which a person was admitted for those various treatment periods or a conservatorship was established, and the number of the different types of placement a person is in immediately following the termination of each instance in which a person was treatment or had a conservatorship established, among other things. The bill would instead require the local mental health director, and each facility providing services to persons pursuant to the act, to provide the department by October 1 of each year with the information. To the extent that the bill would increase the duties of local mental health directors or facilities of local entities with regard to providing the department with new types of data, the 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.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders for the protection of the persons committed. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody 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. 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 a 30-day maximum period of intensive treatment after the 14-day period. Existing law requires a certification review hearing to be held when a person is certified for a 14-day or 30-day intensive treatment detention, except as specified, and requires it to be within 4 days of the date on which the person is certified. Existing law, after the involuntary detention has begun, prohibits the total period of detention, including intervening periods of voluntary treatment, from exceeding the total maximum period during which the person could have been detained, if the person had been detained continuously on an involuntary basis, from the time of initial involuntary detention.
This bill would, among other things, specify that the 72-hour period of detention begins at the time when the person is first detained. The bill would, if a facility detaining a person on a 72-hour detention is not a county-designated facility for evaluation and treatment, require the facility staff, or other person designated by the county, to take all possible steps to release the detained person or transfer them to a designated facility within 72 hours of their detention, as specified. The bill would require that a certification review hearing be held within 7 days of the initial detention when a person is certified for 14-day or 30-day intensive treatment or has been placed on a sequence of 72-hour detentions while awaiting placement at a designated facility. The bill would prohibit the total period of detention in which a person has been detained for a 72-hour hold and a 14-day intensive treatment after the involuntary detention has begun from exceeding 17 days.
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, or for whom certain conservatorships are established, as specified. Existing law requires each local mental health director, and each facility providing services to persons under those provisions, to provide the department, upon its request, with any information, records, and reports that the department deems necessary for purposes of the data collection and publication.
This bill would specify that the departments requirement to collect and publish that information shall be done by May 1 of each year for information regarding the previous fiscal year, and would additionally require the report to include, at a minimum, the number of instances in which a person was admitted for those various treatment periods or a conservatorship was established, and the number of the different types of placement a person is in immediately following the termination of each instance in which a person was treatment or had a conservatorship established, among other things. The bill would instead require the local mental health director, and each facility providing services to persons pursuant to the act, to provide the department by October 1 of each year with the information. To the extent that the bill would increase the duties of local mental health directors or facilities of local entities with regard to providing the department with new types of data, the 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 5150 of the Welfare and Institutions Code is amended to read:5150. (a) When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, themselves, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. The 72-hour period begins at the time when the person is first detained. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service.(b) When determining if a person should be taken into custody pursuant to subdivision (a), the individual making that determination shall apply the provisions of Section 5150.05, and shall not be limited to consideration of the danger of imminent harm.(c) The professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county shall assess the person to determine whether he or she the person can be properly served without being detained. If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person can be properly served without being detained, he or she the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. Nothing in this subdivision shall be interpreted to This subdivision does not prevent a peace officer from delivering individuals an individual to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision shall not be interpreted to does not require a peace officers officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.(d) Whenever If a person is evaluated by a professional person in charge of a facility designated by the county for evaluation or treatment, member of the attending staff, or professional person designated by the county and is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided pursuant to subdivision (c) shall be offered offered, as determined by the county mental health director.(e) If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or the professional person designated by the county, the person cannot be properly served without being detained, the admitting facility shall require an application in writing stating the circumstances under which the persons condition was called to the attention of the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, and stating that the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county has probable cause to believe that the person is, as a result of a mental health disorder, a danger to others, or to himself or herself, themselves, or gravely disabled. The application shall also record whether the historical course of the persons mental disorder was considered in the determination, pursuant to Section 5150.05. If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person shall be liable in a civil action for intentionally giving a statement that he or she the person knows to be false. A copy of the application shall be treated as the original.(f) At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the persons personal property, the person taking him or her them into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of or on the premises occupied by the person. The person taking him or her them into custody shall then furnish to the court a report generally describing the persons property so preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211, except that if a responsible relative or the guardian or conservator of the person is in possession of the persons property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking him or her them into custody for that property shall terminate. As used in this section, responsible relative includes the spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister of the person.(g) (1) Each person, at the time he or she the person is first taken into custody under this section, shall be provided, by the person who takes him or her them into custody, the following information orally in a language or modality accessible to the person. If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form:My name is .I am a _____ (peace officer/mental health professional) _____ .with _____ (name of agency) _____ .You are not under criminal arrest, but I am taking you for an examination by mental health professionals at . _____ (name of facility) _____ You will be told your rights by the mental health staff.(2) If taken into custody at his or her the persons own residence, the person shall also be provided the following information:You may bring a few personal items with you, which I will have to approve. Please inform me if you need assistance turning off any appliance or water. You may make a phone call and leave a note to tell your friends or family where you have been taken.(h) The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (g) which shall include all of the following:(1) The name of the person detained for evaluation.(2) The name and position of the peace officer or mental health professional taking the person into custody.(3) The date the advisement was completed.(4) Whether the advisement was completed.(5) The language or modality used to give the advisement.(6) If the advisement was not completed, a statement of good cause, as defined by regulations of the State Department of Health Care Services.(i) (1) Each person admitted to a facility designated by the county for evaluation and treatment shall be given the following information by admission staff of the facility. The information shall be given orally and in writing and in a language or modality accessible to the person. The written information shall be available to the person in English and in the language that is the persons primary means of communication. Accommodations for other disabilities that may affect communication shall also be provided. The information shall be in substantially the following form:My name is .My position here is.You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable): Harm yourself. Harm someone else. Be unable to take care of your own food, clothing, and housing needs. We believe this is true because(list of the facts upon which the allegation of dangerous or gravely disabled due to mental health disorder is based, including pertinent facts arising from the admission interview).You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can.During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge.If you have questions about your legal rights, you may contact the county Patients Rights Advocate at _____ (phone number for the county Patients Rights Advocacy office) _____ .Your 72-hour period began _____ (date/time) _____ .(2) If the notice is given in a county where weekends and holidays are excluded from the 72-hour period, the patient person shall be informed of this fact.(j) For each patient person admitted for evaluation and treatment, the facility shall keep with the patients persons medical record a record of the advisement given pursuant to subdivision (i), which shall include all of the following:(1) The name of the person performing the advisement.(2) The date of the advisement.(3) Whether the advisement was completed.(4) The language or modality used to communicate the advisement.(5) If the advisement was not completed, a statement of good cause.SEC. 2. Section 5150.6 is added to the Welfare and Institutions Code, to read:5150.6. (a) If the facility detaining a person detained pursuant to Section 5150 is not designated by the county for evaluation and treatment and approved by the State Department of Health Care Services, the facility staff, or other person designated by the county, shall take all possible steps to release the detention and release the detained person or transfer them to a designated facility within 72 hours of their detention.(b) If it is impossible due to circumstances beyond the nondesignated facilitys control to transfer a person detained pursuant to Section 5150 to a designated facility within 72 hours from detention, the nondesignated facility may do either of the following at or before the expiration of the 72 hours from initial detention:(1) Release the detention and release the detained person. If a nondesignated facility chooses to release the detention and release the detained person, the facility staff shall not cause to be taken, within 12 hours of discharge, the same person into custody for a subsequent detention pursuant to Section 5150.(2) If, after evaluation, in person or by telehealth pursuant to Section 5150.5, the opinion of a person designated by the county is that the detained person continues to meet the legal criteria for detention pursuant to Section 5150, the person may be detained for a subsequent detention pursuant to Section 5150 in order to allow for continued efforts to place the detained person in a designated facility. Any subsequent detentions pursuant to Section 5150 shall commence before the expiration of the prior detention. At the time that a nondesignated facility places a person into detention pursuant to Section 5150, based upon the opinion of the designated person, as set forth in this paragraph, the facility shall notify the county patients rights advocate, as defined in Section 5500. Any subsequent detention taken pursuant to Section 5150 may only last as long as a person continues to meet the legal criteria for the detention or until the person is placed at a designated facility.(c) If a person is detained for multiple, consecutive detentions pursuant to Section 5150 that last for seven consecutive days, the detained person is entitled to a certification review hearing pursuant to Sections 5256 to 5256.8, inclusive, unless the person requests judicial review pursuant to Section 5275 or 5276. SEC. 3. Section 5151 of the Welfare and Institutions Code is amended to read:5151. (a) If the facility designated by the county for evaluation and treatment admits the person, it may detain the person for evaluation and treatment for a period not to exceed 72 hours. hours from the time that the person was first detained pursuant to Section 5150. Saturdays, Sundays, and holidays may be excluded from the period if the State Department of Health Care Services certifies for each facility that evaluation and treatment services cannot reasonably be made available on those days. The certification by the department is subject to renewal every two years. The department shall adopt regulations defining criteria for determining whether a facility can reasonably be expected to make evaluation and treatment services available on Saturdays, Sundays, and holidays.(b) Prior to admitting a person to the facility for treatment and evaluation pursuant to Section 5150, the professional person in charge of the facility or a designee shall assess the individual to determine the appropriateness of the involuntary detention. This assessment shall be made face-to-face either in person or by synchronous interaction through a mode of telehealth that utilizes both audio and visual components.SEC. 4. Section 5256 of the Welfare and Institutions Code is amended to read:5256. When a person is certified for intensive treatment pursuant to Sections 5250 and 5270.15, or has been placed on a sequence of detentions pursuant to Section 5150 while awaiting placement at a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services, a certification review hearing shall be held unless judicial review has been requested as provided in Sections 5275 and 5276. The certification review hearing shall be within four days of the date on which the person is certified for a period of intensive treatment seven days of the date on which the person was initially detained pursuant to Section 5150 unless postponed by request of the person or his or her their attorney or advocate. Hearings may be postponed for 48 hours or, in counties with a population of 100,000 or less, until the next regularly scheduled hearing date.SEC. 5. Section 5258 of the Welfare and Institutions Code is amended to read:5258. After the involuntary detention has begun, the total period of detention, including intervening periods of voluntary treatment, in which a person has been detained pursuant to Sections 5150 and 5250 combined shall not exceed the total maximum period during which the person could have been detained, if the person had been detained continuously on an involuntary basis, from the time of initial involuntary detention. 17 days.SEC. 6. Section 5402 of the Welfare and Institutions Code is amended to read:5402. (a) The State Department of Health Care Services shall collect and publish annually quantitative by May 1 of each year information concerning the operation of this division including the from the previous fiscal year. The report shall, at a minimum, include all of the following information:(1) The number of persons persons, and the number of instances in which a person was, admitted for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment, treatment; the number of persons persons, and the number of instances in which a person was, transferred to mental health facilities pursuant to Section 4011.6 of the Penal Code, Code; the number of persons for whom whom, and the number of instances in which, temporary conservatorships are established, established; and the number of persons for whom whom, and the number of instances in which, conservatorships are established in each county.(2) The number of persons admitted either once, between two and five times, between six and eight times, and greater than eight times for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment.(3) The number of the different types of placement a person is in immediately following the termination of each instance in which a person was admitted for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment, transfers to mental health facilities pursuant to Section 4011.6 of the Penal Code, temporary conservatorships, and conservatorships. The different types of placements include, but are not limited to, transition to a higher level of care, independent living in the persons own house or apartment, community-based housing, community-based housing with services, shelter, and no housing.(4) An analysis stratifying the data reported in paragraphs (1) to (3), inclusive, by county, race, ethnicity, gender identity, age group, veteran status, housing status, and Medi-Cal enrollment status, if known.(b) Each local mental health director, and each facility providing services to persons pursuant to this division, shall provide the department, upon its request, by October 1 of each year, with any information, records, and reports which from the previous year that the department deems necessary for the purposes of this section. The department shall not have access to any patient name identifiers.(c) Information published pursuant to this section shall not contain patient name identifiers and shall contain statistical data only. or information that would otherwise allow an individual to link the published information to a specific person.(d) The department shall make the reports available to medical, legal, and other professional groups involved in the implementation of this division.SEC. 7. Section 5585.20 of the Welfare and Institutions Code is amended to read:5585.20. This part shall apply only to the initial 72 hours of mental health evaluation and treatment provided to a minor. Notwithstanding the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)), unless the context otherwise requires, the definitions and procedures contained in this part shall, for the initial 72 hours of evaluation and treatment, govern the construction of state law governing the civil commitment of minors for involuntary treatment. To the extent that this part conflicts with any other provisions of law, it is the intent of the Legislature that this part shall apply. Evaluation and treatment of a minor beyond the initial 72 hours shall be pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)). The procedures required by Section 5150.6 apply to minors if they are held on sequential detentions pursuant to Section 5150 that last beyond the initial 72 hours from detention.SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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 5150 of the Welfare and Institutions Code is amended to read:5150. (a) When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, themselves, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. The 72-hour period begins at the time when the person is first detained. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service.(b) When determining if a person should be taken into custody pursuant to subdivision (a), the individual making that determination shall apply the provisions of Section 5150.05, and shall not be limited to consideration of the danger of imminent harm.(c) The professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county shall assess the person to determine whether he or she the person can be properly served without being detained. If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person can be properly served without being detained, he or she the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. Nothing in this subdivision shall be interpreted to This subdivision does not prevent a peace officer from delivering individuals an individual to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision shall not be interpreted to does not require a peace officers officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.(d) Whenever If a person is evaluated by a professional person in charge of a facility designated by the county for evaluation or treatment, member of the attending staff, or professional person designated by the county and is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided pursuant to subdivision (c) shall be offered offered, as determined by the county mental health director.(e) If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or the professional person designated by the county, the person cannot be properly served without being detained, the admitting facility shall require an application in writing stating the circumstances under which the persons condition was called to the attention of the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, and stating that the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county has probable cause to believe that the person is, as a result of a mental health disorder, a danger to others, or to himself or herself, themselves, or gravely disabled. The application shall also record whether the historical course of the persons mental disorder was considered in the determination, pursuant to Section 5150.05. If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person shall be liable in a civil action for intentionally giving a statement that he or she the person knows to be false. A copy of the application shall be treated as the original.(f) At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the persons personal property, the person taking him or her them into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of or on the premises occupied by the person. The person taking him or her them into custody shall then furnish to the court a report generally describing the persons property so preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211, except that if a responsible relative or the guardian or conservator of the person is in possession of the persons property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking him or her them into custody for that property shall terminate. As used in this section, responsible relative includes the spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister of the person.(g) (1) Each person, at the time he or she the person is first taken into custody under this section, shall be provided, by the person who takes him or her them into custody, the following information orally in a language or modality accessible to the person. If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form:My name is .I am a _____ (peace officer/mental health professional) _____ .with _____ (name of agency) _____ .You are not under criminal arrest, but I am taking you for an examination by mental health professionals at . _____ (name of facility) _____ You will be told your rights by the mental health staff.(2) If taken into custody at his or her the persons own residence, the person shall also be provided the following information:You may bring a few personal items with you, which I will have to approve. Please inform me if you need assistance turning off any appliance or water. You may make a phone call and leave a note to tell your friends or family where you have been taken.(h) The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (g) which shall include all of the following:(1) The name of the person detained for evaluation.(2) The name and position of the peace officer or mental health professional taking the person into custody.(3) The date the advisement was completed.(4) Whether the advisement was completed.(5) The language or modality used to give the advisement.(6) If the advisement was not completed, a statement of good cause, as defined by regulations of the State Department of Health Care Services.(i) (1) Each person admitted to a facility designated by the county for evaluation and treatment shall be given the following information by admission staff of the facility. The information shall be given orally and in writing and in a language or modality accessible to the person. The written information shall be available to the person in English and in the language that is the persons primary means of communication. Accommodations for other disabilities that may affect communication shall also be provided. The information shall be in substantially the following form:My name is .My position here is.You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable): Harm yourself. Harm someone else. Be unable to take care of your own food, clothing, and housing needs. We believe this is true because(list of the facts upon which the allegation of dangerous or gravely disabled due to mental health disorder is based, including pertinent facts arising from the admission interview).You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can.During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge.If you have questions about your legal rights, you may contact the county Patients Rights Advocate at _____ (phone number for the county Patients Rights Advocacy office) _____ .Your 72-hour period began _____ (date/time) _____ .(2) If the notice is given in a county where weekends and holidays are excluded from the 72-hour period, the patient person shall be informed of this fact.(j) For each patient person admitted for evaluation and treatment, the facility shall keep with the patients persons medical record a record of the advisement given pursuant to subdivision (i), which shall include all of the following:(1) The name of the person performing the advisement.(2) The date of the advisement.(3) Whether the advisement was completed.(4) The language or modality used to communicate the advisement.(5) If the advisement was not completed, a statement of good cause.
SECTION 1. Section 5150 of the Welfare and Institutions Code is amended to read:
### SECTION 1.
5150. (a) When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, themselves, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. The 72-hour period begins at the time when the person is first detained. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service.(b) When determining if a person should be taken into custody pursuant to subdivision (a), the individual making that determination shall apply the provisions of Section 5150.05, and shall not be limited to consideration of the danger of imminent harm.(c) The professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county shall assess the person to determine whether he or she the person can be properly served without being detained. If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person can be properly served without being detained, he or she the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. Nothing in this subdivision shall be interpreted to This subdivision does not prevent a peace officer from delivering individuals an individual to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision shall not be interpreted to does not require a peace officers officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.(d) Whenever If a person is evaluated by a professional person in charge of a facility designated by the county for evaluation or treatment, member of the attending staff, or professional person designated by the county and is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided pursuant to subdivision (c) shall be offered offered, as determined by the county mental health director.(e) If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or the professional person designated by the county, the person cannot be properly served without being detained, the admitting facility shall require an application in writing stating the circumstances under which the persons condition was called to the attention of the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, and stating that the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county has probable cause to believe that the person is, as a result of a mental health disorder, a danger to others, or to himself or herself, themselves, or gravely disabled. The application shall also record whether the historical course of the persons mental disorder was considered in the determination, pursuant to Section 5150.05. If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person shall be liable in a civil action for intentionally giving a statement that he or she the person knows to be false. A copy of the application shall be treated as the original.(f) At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the persons personal property, the person taking him or her them into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of or on the premises occupied by the person. The person taking him or her them into custody shall then furnish to the court a report generally describing the persons property so preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211, except that if a responsible relative or the guardian or conservator of the person is in possession of the persons property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking him or her them into custody for that property shall terminate. As used in this section, responsible relative includes the spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister of the person.(g) (1) Each person, at the time he or she the person is first taken into custody under this section, shall be provided, by the person who takes him or her them into custody, the following information orally in a language or modality accessible to the person. If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form:My name is .I am a _____ (peace officer/mental health professional) _____ .with _____ (name of agency) _____ .You are not under criminal arrest, but I am taking you for an examination by mental health professionals at . _____ (name of facility) _____ You will be told your rights by the mental health staff.(2) If taken into custody at his or her the persons own residence, the person shall also be provided the following information:You may bring a few personal items with you, which I will have to approve. Please inform me if you need assistance turning off any appliance or water. You may make a phone call and leave a note to tell your friends or family where you have been taken.(h) The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (g) which shall include all of the following:(1) The name of the person detained for evaluation.(2) The name and position of the peace officer or mental health professional taking the person into custody.(3) The date the advisement was completed.(4) Whether the advisement was completed.(5) The language or modality used to give the advisement.(6) If the advisement was not completed, a statement of good cause, as defined by regulations of the State Department of Health Care Services.(i) (1) Each person admitted to a facility designated by the county for evaluation and treatment shall be given the following information by admission staff of the facility. The information shall be given orally and in writing and in a language or modality accessible to the person. The written information shall be available to the person in English and in the language that is the persons primary means of communication. Accommodations for other disabilities that may affect communication shall also be provided. The information shall be in substantially the following form:My name is .My position here is.You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable): Harm yourself. Harm someone else. Be unable to take care of your own food, clothing, and housing needs. We believe this is true because(list of the facts upon which the allegation of dangerous or gravely disabled due to mental health disorder is based, including pertinent facts arising from the admission interview).You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can.During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge.If you have questions about your legal rights, you may contact the county Patients Rights Advocate at _____ (phone number for the county Patients Rights Advocacy office) _____ .Your 72-hour period began _____ (date/time) _____ .(2) If the notice is given in a county where weekends and holidays are excluded from the 72-hour period, the patient person shall be informed of this fact.(j) For each patient person admitted for evaluation and treatment, the facility shall keep with the patients persons medical record a record of the advisement given pursuant to subdivision (i), which shall include all of the following:(1) The name of the person performing the advisement.(2) The date of the advisement.(3) Whether the advisement was completed.(4) The language or modality used to communicate the advisement.(5) If the advisement was not completed, a statement of good cause.
5150. (a) When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, themselves, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. The 72-hour period begins at the time when the person is first detained. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service.(b) When determining if a person should be taken into custody pursuant to subdivision (a), the individual making that determination shall apply the provisions of Section 5150.05, and shall not be limited to consideration of the danger of imminent harm.(c) The professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county shall assess the person to determine whether he or she the person can be properly served without being detained. If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person can be properly served without being detained, he or she the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. Nothing in this subdivision shall be interpreted to This subdivision does not prevent a peace officer from delivering individuals an individual to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision shall not be interpreted to does not require a peace officers officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.(d) Whenever If a person is evaluated by a professional person in charge of a facility designated by the county for evaluation or treatment, member of the attending staff, or professional person designated by the county and is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided pursuant to subdivision (c) shall be offered offered, as determined by the county mental health director.(e) If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or the professional person designated by the county, the person cannot be properly served without being detained, the admitting facility shall require an application in writing stating the circumstances under which the persons condition was called to the attention of the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, and stating that the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county has probable cause to believe that the person is, as a result of a mental health disorder, a danger to others, or to himself or herself, themselves, or gravely disabled. The application shall also record whether the historical course of the persons mental disorder was considered in the determination, pursuant to Section 5150.05. If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person shall be liable in a civil action for intentionally giving a statement that he or she the person knows to be false. A copy of the application shall be treated as the original.(f) At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the persons personal property, the person taking him or her them into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of or on the premises occupied by the person. The person taking him or her them into custody shall then furnish to the court a report generally describing the persons property so preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211, except that if a responsible relative or the guardian or conservator of the person is in possession of the persons property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking him or her them into custody for that property shall terminate. As used in this section, responsible relative includes the spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister of the person.(g) (1) Each person, at the time he or she the person is first taken into custody under this section, shall be provided, by the person who takes him or her them into custody, the following information orally in a language or modality accessible to the person. If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form:My name is .I am a _____ (peace officer/mental health professional) _____ .with _____ (name of agency) _____ .You are not under criminal arrest, but I am taking you for an examination by mental health professionals at . _____ (name of facility) _____ You will be told your rights by the mental health staff.(2) If taken into custody at his or her the persons own residence, the person shall also be provided the following information:You may bring a few personal items with you, which I will have to approve. Please inform me if you need assistance turning off any appliance or water. You may make a phone call and leave a note to tell your friends or family where you have been taken.(h) The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (g) which shall include all of the following:(1) The name of the person detained for evaluation.(2) The name and position of the peace officer or mental health professional taking the person into custody.(3) The date the advisement was completed.(4) Whether the advisement was completed.(5) The language or modality used to give the advisement.(6) If the advisement was not completed, a statement of good cause, as defined by regulations of the State Department of Health Care Services.(i) (1) Each person admitted to a facility designated by the county for evaluation and treatment shall be given the following information by admission staff of the facility. The information shall be given orally and in writing and in a language or modality accessible to the person. The written information shall be available to the person in English and in the language that is the persons primary means of communication. Accommodations for other disabilities that may affect communication shall also be provided. The information shall be in substantially the following form:My name is .My position here is.You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable): Harm yourself. Harm someone else. Be unable to take care of your own food, clothing, and housing needs. We believe this is true because(list of the facts upon which the allegation of dangerous or gravely disabled due to mental health disorder is based, including pertinent facts arising from the admission interview).You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can.During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge.If you have questions about your legal rights, you may contact the county Patients Rights Advocate at _____ (phone number for the county Patients Rights Advocacy office) _____ .Your 72-hour period began _____ (date/time) _____ .(2) If the notice is given in a county where weekends and holidays are excluded from the 72-hour period, the patient person shall be informed of this fact.(j) For each patient person admitted for evaluation and treatment, the facility shall keep with the patients persons medical record a record of the advisement given pursuant to subdivision (i), which shall include all of the following:(1) The name of the person performing the advisement.(2) The date of the advisement.(3) Whether the advisement was completed.(4) The language or modality used to communicate the advisement.(5) If the advisement was not completed, a statement of good cause.
5150. (a) When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, themselves, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. The 72-hour period begins at the time when the person is first detained. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service.(b) When determining if a person should be taken into custody pursuant to subdivision (a), the individual making that determination shall apply the provisions of Section 5150.05, and shall not be limited to consideration of the danger of imminent harm.(c) The professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county shall assess the person to determine whether he or she the person can be properly served without being detained. If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person can be properly served without being detained, he or she the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. Nothing in this subdivision shall be interpreted to This subdivision does not prevent a peace officer from delivering individuals an individual to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision shall not be interpreted to does not require a peace officers officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.(d) Whenever If a person is evaluated by a professional person in charge of a facility designated by the county for evaluation or treatment, member of the attending staff, or professional person designated by the county and is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided pursuant to subdivision (c) shall be offered offered, as determined by the county mental health director.(e) If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or the professional person designated by the county, the person cannot be properly served without being detained, the admitting facility shall require an application in writing stating the circumstances under which the persons condition was called to the attention of the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, and stating that the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county has probable cause to believe that the person is, as a result of a mental health disorder, a danger to others, or to himself or herself, themselves, or gravely disabled. The application shall also record whether the historical course of the persons mental disorder was considered in the determination, pursuant to Section 5150.05. If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person shall be liable in a civil action for intentionally giving a statement that he or she the person knows to be false. A copy of the application shall be treated as the original.(f) At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the persons personal property, the person taking him or her them into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of or on the premises occupied by the person. The person taking him or her them into custody shall then furnish to the court a report generally describing the persons property so preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211, except that if a responsible relative or the guardian or conservator of the person is in possession of the persons property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking him or her them into custody for that property shall terminate. As used in this section, responsible relative includes the spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister of the person.(g) (1) Each person, at the time he or she the person is first taken into custody under this section, shall be provided, by the person who takes him or her them into custody, the following information orally in a language or modality accessible to the person. If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form:My name is .I am a _____ (peace officer/mental health professional) _____ .with _____ (name of agency) _____ .You are not under criminal arrest, but I am taking you for an examination by mental health professionals at . _____ (name of facility) _____ You will be told your rights by the mental health staff.(2) If taken into custody at his or her the persons own residence, the person shall also be provided the following information:You may bring a few personal items with you, which I will have to approve. Please inform me if you need assistance turning off any appliance or water. You may make a phone call and leave a note to tell your friends or family where you have been taken.(h) The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (g) which shall include all of the following:(1) The name of the person detained for evaluation.(2) The name and position of the peace officer or mental health professional taking the person into custody.(3) The date the advisement was completed.(4) Whether the advisement was completed.(5) The language or modality used to give the advisement.(6) If the advisement was not completed, a statement of good cause, as defined by regulations of the State Department of Health Care Services.(i) (1) Each person admitted to a facility designated by the county for evaluation and treatment shall be given the following information by admission staff of the facility. The information shall be given orally and in writing and in a language or modality accessible to the person. The written information shall be available to the person in English and in the language that is the persons primary means of communication. Accommodations for other disabilities that may affect communication shall also be provided. The information shall be in substantially the following form:My name is .My position here is.You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable): Harm yourself. Harm someone else. Be unable to take care of your own food, clothing, and housing needs. We believe this is true because(list of the facts upon which the allegation of dangerous or gravely disabled due to mental health disorder is based, including pertinent facts arising from the admission interview).You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can.During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge.If you have questions about your legal rights, you may contact the county Patients Rights Advocate at _____ (phone number for the county Patients Rights Advocacy office) _____ .Your 72-hour period began _____ (date/time) _____ .(2) If the notice is given in a county where weekends and holidays are excluded from the 72-hour period, the patient person shall be informed of this fact.(j) For each patient person admitted for evaluation and treatment, the facility shall keep with the patients persons medical record a record of the advisement given pursuant to subdivision (i), which shall include all of the following:(1) The name of the person performing the advisement.(2) The date of the advisement.(3) Whether the advisement was completed.(4) The language or modality used to communicate the advisement.(5) If the advisement was not completed, a statement of good cause.
5150. (a) When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, themselves, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. The 72-hour period begins at the time when the person is first detained. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service.
(b) When determining if a person should be taken into custody pursuant to subdivision (a), the individual making that determination shall apply the provisions of Section 5150.05, and shall not be limited to consideration of the danger of imminent harm.
(c) The professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county shall assess the person to determine whether he or she the person can be properly served without being detained. If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person can be properly served without being detained, he or she the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. Nothing in this subdivision shall be interpreted to This subdivision does not prevent a peace officer from delivering individuals an individual to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision shall not be interpreted to does not require a peace officers officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.
(d) Whenever If a person is evaluated by a professional person in charge of a facility designated by the county for evaluation or treatment, member of the attending staff, or professional person designated by the county and is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided pursuant to subdivision (c) shall be offered offered, as determined by the county mental health director.
(e) If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or the professional person designated by the county, the person cannot be properly served without being detained, the admitting facility shall require an application in writing stating the circumstances under which the persons condition was called to the attention of the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, and stating that the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county has probable cause to believe that the person is, as a result of a mental health disorder, a danger to others, or to himself or herself, themselves, or gravely disabled. The application shall also record whether the historical course of the persons mental disorder was considered in the determination, pursuant to Section 5150.05. If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person shall be liable in a civil action for intentionally giving a statement that he or she the person knows to be false. A copy of the application shall be treated as the original.
(f) At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the persons personal property, the person taking him or her them into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of or on the premises occupied by the person. The person taking him or her them into custody shall then furnish to the court a report generally describing the persons property so preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211, except that if a responsible relative or the guardian or conservator of the person is in possession of the persons property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking him or her them into custody for that property shall terminate. As used in this section, responsible relative includes the spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister of the person.
(g) (1) Each person, at the time he or she the person is first taken into custody under this section, shall be provided, by the person who takes him or her them into custody, the following information orally in a language or modality accessible to the person. If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form:
My name is .I am a _____ (peace officer/mental health professional) _____ .with _____ (name of agency) _____ .You are not under criminal arrest, but I am taking you for an examination by mental health professionals at . _____ (name of facility) _____ You will be told your rights by the mental health staff.
My name is .
I am a _____ (peace officer/mental health professional) _____ .
with _____ (name of agency) _____ .
You are not under criminal arrest, but I am taking you for an examination by mental health professionals at .
_____ (name of facility) _____
You will be told your rights by the mental health staff.
(2) If taken into custody at his or her the persons own residence, the person shall also be provided the following information:
You may bring a few personal items with you, which I will have to approve. Please inform me if you need assistance turning off any appliance or water. You may make a phone call and leave a note to tell your friends or family where you have been taken.
(h) The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (g) which shall include all of the following:
(1) The name of the person detained for evaluation.
(2) The name and position of the peace officer or mental health professional taking the person into custody.
(3) The date the advisement was completed.
(4) Whether the advisement was completed.
(5) The language or modality used to give the advisement.
(6) If the advisement was not completed, a statement of good cause, as defined by regulations of the State Department of Health Care Services.
(i) (1) Each person admitted to a facility designated by the county for evaluation and treatment shall be given the following information by admission staff of the facility. The information shall be given orally and in writing and in a language or modality accessible to the person. The written information shall be available to the person in English and in the language that is the persons primary means of communication. Accommodations for other disabilities that may affect communication shall also be provided. The information shall be in substantially the following form:
My name is .
My position here is.
You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable):
Harm yourself. Harm someone else. Be unable to take care of your own food, clothing, and housing needs. We believe this is true because
(list of the facts upon which the allegation of dangerous or gravely disabled due to mental health disorder is based, including pertinent facts arising from the admission interview).
You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can.
During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge.
If you have questions about your legal rights, you may contact the county Patients Rights Advocate at _____ (phone number for the county Patients Rights Advocacy office) _____ .Your 72-hour period began _____ (date/time) _____ .
My name is .
My position here is.
You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable):
Harm yourself. Harm someone else. Be unable to take care of your own food, clothing, and housing needs. We believe this is true because
(list of the facts upon which the allegation of dangerous or gravely disabled due to mental health disorder is based, including pertinent facts arising from the admission interview).
You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can.
During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge.
If you have questions about your legal rights, you may contact the county Patients Rights Advocate at _____ (phone number for the county Patients Rights Advocacy office) _____ .
Your 72-hour period began _____ (date/time) _____ .
(2) If the notice is given in a county where weekends and holidays are excluded from the 72-hour period, the patient person shall be informed of this fact.
(j) For each patient person admitted for evaluation and treatment, the facility shall keep with the patients persons medical record a record of the advisement given pursuant to subdivision (i), which shall include all of the following:
(1) The name of the person performing the advisement.
(2) The date of the advisement.
(3) Whether the advisement was completed.
(4) The language or modality used to communicate the advisement.
(5) If the advisement was not completed, a statement of good cause.
SEC. 2. Section 5150.6 is added to the Welfare and Institutions Code, to read:5150.6. (a) If the facility detaining a person detained pursuant to Section 5150 is not designated by the county for evaluation and treatment and approved by the State Department of Health Care Services, the facility staff, or other person designated by the county, shall take all possible steps to release the detention and release the detained person or transfer them to a designated facility within 72 hours of their detention.(b) If it is impossible due to circumstances beyond the nondesignated facilitys control to transfer a person detained pursuant to Section 5150 to a designated facility within 72 hours from detention, the nondesignated facility may do either of the following at or before the expiration of the 72 hours from initial detention:(1) Release the detention and release the detained person. If a nondesignated facility chooses to release the detention and release the detained person, the facility staff shall not cause to be taken, within 12 hours of discharge, the same person into custody for a subsequent detention pursuant to Section 5150.(2) If, after evaluation, in person or by telehealth pursuant to Section 5150.5, the opinion of a person designated by the county is that the detained person continues to meet the legal criteria for detention pursuant to Section 5150, the person may be detained for a subsequent detention pursuant to Section 5150 in order to allow for continued efforts to place the detained person in a designated facility. Any subsequent detentions pursuant to Section 5150 shall commence before the expiration of the prior detention. At the time that a nondesignated facility places a person into detention pursuant to Section 5150, based upon the opinion of the designated person, as set forth in this paragraph, the facility shall notify the county patients rights advocate, as defined in Section 5500. Any subsequent detention taken pursuant to Section 5150 may only last as long as a person continues to meet the legal criteria for the detention or until the person is placed at a designated facility.(c) If a person is detained for multiple, consecutive detentions pursuant to Section 5150 that last for seven consecutive days, the detained person is entitled to a certification review hearing pursuant to Sections 5256 to 5256.8, inclusive, unless the person requests judicial review pursuant to Section 5275 or 5276.
SEC. 2. Section 5150.6 is added to the Welfare and Institutions Code, to read:
### SEC. 2.
5150.6. (a) If the facility detaining a person detained pursuant to Section 5150 is not designated by the county for evaluation and treatment and approved by the State Department of Health Care Services, the facility staff, or other person designated by the county, shall take all possible steps to release the detention and release the detained person or transfer them to a designated facility within 72 hours of their detention.(b) If it is impossible due to circumstances beyond the nondesignated facilitys control to transfer a person detained pursuant to Section 5150 to a designated facility within 72 hours from detention, the nondesignated facility may do either of the following at or before the expiration of the 72 hours from initial detention:(1) Release the detention and release the detained person. If a nondesignated facility chooses to release the detention and release the detained person, the facility staff shall not cause to be taken, within 12 hours of discharge, the same person into custody for a subsequent detention pursuant to Section 5150.(2) If, after evaluation, in person or by telehealth pursuant to Section 5150.5, the opinion of a person designated by the county is that the detained person continues to meet the legal criteria for detention pursuant to Section 5150, the person may be detained for a subsequent detention pursuant to Section 5150 in order to allow for continued efforts to place the detained person in a designated facility. Any subsequent detentions pursuant to Section 5150 shall commence before the expiration of the prior detention. At the time that a nondesignated facility places a person into detention pursuant to Section 5150, based upon the opinion of the designated person, as set forth in this paragraph, the facility shall notify the county patients rights advocate, as defined in Section 5500. Any subsequent detention taken pursuant to Section 5150 may only last as long as a person continues to meet the legal criteria for the detention or until the person is placed at a designated facility.(c) If a person is detained for multiple, consecutive detentions pursuant to Section 5150 that last for seven consecutive days, the detained person is entitled to a certification review hearing pursuant to Sections 5256 to 5256.8, inclusive, unless the person requests judicial review pursuant to Section 5275 or 5276.
5150.6. (a) If the facility detaining a person detained pursuant to Section 5150 is not designated by the county for evaluation and treatment and approved by the State Department of Health Care Services, the facility staff, or other person designated by the county, shall take all possible steps to release the detention and release the detained person or transfer them to a designated facility within 72 hours of their detention.(b) If it is impossible due to circumstances beyond the nondesignated facilitys control to transfer a person detained pursuant to Section 5150 to a designated facility within 72 hours from detention, the nondesignated facility may do either of the following at or before the expiration of the 72 hours from initial detention:(1) Release the detention and release the detained person. If a nondesignated facility chooses to release the detention and release the detained person, the facility staff shall not cause to be taken, within 12 hours of discharge, the same person into custody for a subsequent detention pursuant to Section 5150.(2) If, after evaluation, in person or by telehealth pursuant to Section 5150.5, the opinion of a person designated by the county is that the detained person continues to meet the legal criteria for detention pursuant to Section 5150, the person may be detained for a subsequent detention pursuant to Section 5150 in order to allow for continued efforts to place the detained person in a designated facility. Any subsequent detentions pursuant to Section 5150 shall commence before the expiration of the prior detention. At the time that a nondesignated facility places a person into detention pursuant to Section 5150, based upon the opinion of the designated person, as set forth in this paragraph, the facility shall notify the county patients rights advocate, as defined in Section 5500. Any subsequent detention taken pursuant to Section 5150 may only last as long as a person continues to meet the legal criteria for the detention or until the person is placed at a designated facility.(c) If a person is detained for multiple, consecutive detentions pursuant to Section 5150 that last for seven consecutive days, the detained person is entitled to a certification review hearing pursuant to Sections 5256 to 5256.8, inclusive, unless the person requests judicial review pursuant to Section 5275 or 5276.
5150.6. (a) If the facility detaining a person detained pursuant to Section 5150 is not designated by the county for evaluation and treatment and approved by the State Department of Health Care Services, the facility staff, or other person designated by the county, shall take all possible steps to release the detention and release the detained person or transfer them to a designated facility within 72 hours of their detention.(b) If it is impossible due to circumstances beyond the nondesignated facilitys control to transfer a person detained pursuant to Section 5150 to a designated facility within 72 hours from detention, the nondesignated facility may do either of the following at or before the expiration of the 72 hours from initial detention:(1) Release the detention and release the detained person. If a nondesignated facility chooses to release the detention and release the detained person, the facility staff shall not cause to be taken, within 12 hours of discharge, the same person into custody for a subsequent detention pursuant to Section 5150.(2) If, after evaluation, in person or by telehealth pursuant to Section 5150.5, the opinion of a person designated by the county is that the detained person continues to meet the legal criteria for detention pursuant to Section 5150, the person may be detained for a subsequent detention pursuant to Section 5150 in order to allow for continued efforts to place the detained person in a designated facility. Any subsequent detentions pursuant to Section 5150 shall commence before the expiration of the prior detention. At the time that a nondesignated facility places a person into detention pursuant to Section 5150, based upon the opinion of the designated person, as set forth in this paragraph, the facility shall notify the county patients rights advocate, as defined in Section 5500. Any subsequent detention taken pursuant to Section 5150 may only last as long as a person continues to meet the legal criteria for the detention or until the person is placed at a designated facility.(c) If a person is detained for multiple, consecutive detentions pursuant to Section 5150 that last for seven consecutive days, the detained person is entitled to a certification review hearing pursuant to Sections 5256 to 5256.8, inclusive, unless the person requests judicial review pursuant to Section 5275 or 5276.
5150.6. (a) If the facility detaining a person detained pursuant to Section 5150 is not designated by the county for evaluation and treatment and approved by the State Department of Health Care Services, the facility staff, or other person designated by the county, shall take all possible steps to release the detention and release the detained person or transfer them to a designated facility within 72 hours of their detention.
(b) If it is impossible due to circumstances beyond the nondesignated facilitys control to transfer a person detained pursuant to Section 5150 to a designated facility within 72 hours from detention, the nondesignated facility may do either of the following at or before the expiration of the 72 hours from initial detention:
(1) Release the detention and release the detained person. If a nondesignated facility chooses to release the detention and release the detained person, the facility staff shall not cause to be taken, within 12 hours of discharge, the same person into custody for a subsequent detention pursuant to Section 5150.
(2) If, after evaluation, in person or by telehealth pursuant to Section 5150.5, the opinion of a person designated by the county is that the detained person continues to meet the legal criteria for detention pursuant to Section 5150, the person may be detained for a subsequent detention pursuant to Section 5150 in order to allow for continued efforts to place the detained person in a designated facility. Any subsequent detentions pursuant to Section 5150 shall commence before the expiration of the prior detention. At the time that a nondesignated facility places a person into detention pursuant to Section 5150, based upon the opinion of the designated person, as set forth in this paragraph, the facility shall notify the county patients rights advocate, as defined in Section 5500. Any subsequent detention taken pursuant to Section 5150 may only last as long as a person continues to meet the legal criteria for the detention or until the person is placed at a designated facility.
(c) If a person is detained for multiple, consecutive detentions pursuant to Section 5150 that last for seven consecutive days, the detained person is entitled to a certification review hearing pursuant to Sections 5256 to 5256.8, inclusive, unless the person requests judicial review pursuant to Section 5275 or 5276.
SEC. 3. Section 5151 of the Welfare and Institutions Code is amended to read:5151. (a) If the facility designated by the county for evaluation and treatment admits the person, it may detain the person for evaluation and treatment for a period not to exceed 72 hours. hours from the time that the person was first detained pursuant to Section 5150. Saturdays, Sundays, and holidays may be excluded from the period if the State Department of Health Care Services certifies for each facility that evaluation and treatment services cannot reasonably be made available on those days. The certification by the department is subject to renewal every two years. The department shall adopt regulations defining criteria for determining whether a facility can reasonably be expected to make evaluation and treatment services available on Saturdays, Sundays, and holidays.(b) Prior to admitting a person to the facility for treatment and evaluation pursuant to Section 5150, the professional person in charge of the facility or a designee shall assess the individual to determine the appropriateness of the involuntary detention. This assessment shall be made face-to-face either in person or by synchronous interaction through a mode of telehealth that utilizes both audio and visual components.
SEC. 3. Section 5151 of the Welfare and Institutions Code is amended to read:
### SEC. 3.
5151. (a) If the facility designated by the county for evaluation and treatment admits the person, it may detain the person for evaluation and treatment for a period not to exceed 72 hours. hours from the time that the person was first detained pursuant to Section 5150. Saturdays, Sundays, and holidays may be excluded from the period if the State Department of Health Care Services certifies for each facility that evaluation and treatment services cannot reasonably be made available on those days. The certification by the department is subject to renewal every two years. The department shall adopt regulations defining criteria for determining whether a facility can reasonably be expected to make evaluation and treatment services available on Saturdays, Sundays, and holidays.(b) Prior to admitting a person to the facility for treatment and evaluation pursuant to Section 5150, the professional person in charge of the facility or a designee shall assess the individual to determine the appropriateness of the involuntary detention. This assessment shall be made face-to-face either in person or by synchronous interaction through a mode of telehealth that utilizes both audio and visual components.
5151. (a) If the facility designated by the county for evaluation and treatment admits the person, it may detain the person for evaluation and treatment for a period not to exceed 72 hours. hours from the time that the person was first detained pursuant to Section 5150. Saturdays, Sundays, and holidays may be excluded from the period if the State Department of Health Care Services certifies for each facility that evaluation and treatment services cannot reasonably be made available on those days. The certification by the department is subject to renewal every two years. The department shall adopt regulations defining criteria for determining whether a facility can reasonably be expected to make evaluation and treatment services available on Saturdays, Sundays, and holidays.(b) Prior to admitting a person to the facility for treatment and evaluation pursuant to Section 5150, the professional person in charge of the facility or a designee shall assess the individual to determine the appropriateness of the involuntary detention. This assessment shall be made face-to-face either in person or by synchronous interaction through a mode of telehealth that utilizes both audio and visual components.
5151. (a) If the facility designated by the county for evaluation and treatment admits the person, it may detain the person for evaluation and treatment for a period not to exceed 72 hours. hours from the time that the person was first detained pursuant to Section 5150. Saturdays, Sundays, and holidays may be excluded from the period if the State Department of Health Care Services certifies for each facility that evaluation and treatment services cannot reasonably be made available on those days. The certification by the department is subject to renewal every two years. The department shall adopt regulations defining criteria for determining whether a facility can reasonably be expected to make evaluation and treatment services available on Saturdays, Sundays, and holidays.(b) Prior to admitting a person to the facility for treatment and evaluation pursuant to Section 5150, the professional person in charge of the facility or a designee shall assess the individual to determine the appropriateness of the involuntary detention. This assessment shall be made face-to-face either in person or by synchronous interaction through a mode of telehealth that utilizes both audio and visual components.
5151. (a) If the facility designated by the county for evaluation and treatment admits the person, it may detain the person for evaluation and treatment for a period not to exceed 72 hours. hours from the time that the person was first detained pursuant to Section 5150. Saturdays, Sundays, and holidays may be excluded from the period if the State Department of Health Care Services certifies for each facility that evaluation and treatment services cannot reasonably be made available on those days. The certification by the department is subject to renewal every two years. The department shall adopt regulations defining criteria for determining whether a facility can reasonably be expected to make evaluation and treatment services available on Saturdays, Sundays, and holidays.
(b) Prior to admitting a person to the facility for treatment and evaluation pursuant to Section 5150, the professional person in charge of the facility or a designee shall assess the individual to determine the appropriateness of the involuntary detention. This assessment shall be made face-to-face either in person or by synchronous interaction through a mode of telehealth that utilizes both audio and visual components.
SEC. 4. Section 5256 of the Welfare and Institutions Code is amended to read:5256. When a person is certified for intensive treatment pursuant to Sections 5250 and 5270.15, or has been placed on a sequence of detentions pursuant to Section 5150 while awaiting placement at a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services, a certification review hearing shall be held unless judicial review has been requested as provided in Sections 5275 and 5276. The certification review hearing shall be within four days of the date on which the person is certified for a period of intensive treatment seven days of the date on which the person was initially detained pursuant to Section 5150 unless postponed by request of the person or his or her their attorney or advocate. Hearings may be postponed for 48 hours or, in counties with a population of 100,000 or less, until the next regularly scheduled hearing date.
SEC. 4. Section 5256 of the Welfare and Institutions Code is amended to read:
### SEC. 4.
5256. When a person is certified for intensive treatment pursuant to Sections 5250 and 5270.15, or has been placed on a sequence of detentions pursuant to Section 5150 while awaiting placement at a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services, a certification review hearing shall be held unless judicial review has been requested as provided in Sections 5275 and 5276. The certification review hearing shall be within four days of the date on which the person is certified for a period of intensive treatment seven days of the date on which the person was initially detained pursuant to Section 5150 unless postponed by request of the person or his or her their attorney or advocate. Hearings may be postponed for 48 hours or, in counties with a population of 100,000 or less, until the next regularly scheduled hearing date.
5256. When a person is certified for intensive treatment pursuant to Sections 5250 and 5270.15, or has been placed on a sequence of detentions pursuant to Section 5150 while awaiting placement at a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services, a certification review hearing shall be held unless judicial review has been requested as provided in Sections 5275 and 5276. The certification review hearing shall be within four days of the date on which the person is certified for a period of intensive treatment seven days of the date on which the person was initially detained pursuant to Section 5150 unless postponed by request of the person or his or her their attorney or advocate. Hearings may be postponed for 48 hours or, in counties with a population of 100,000 or less, until the next regularly scheduled hearing date.
5256. When a person is certified for intensive treatment pursuant to Sections 5250 and 5270.15, or has been placed on a sequence of detentions pursuant to Section 5150 while awaiting placement at a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services, a certification review hearing shall be held unless judicial review has been requested as provided in Sections 5275 and 5276. The certification review hearing shall be within four days of the date on which the person is certified for a period of intensive treatment seven days of the date on which the person was initially detained pursuant to Section 5150 unless postponed by request of the person or his or her their attorney or advocate. Hearings may be postponed for 48 hours or, in counties with a population of 100,000 or less, until the next regularly scheduled hearing date.
5256. When a person is certified for intensive treatment pursuant to Sections 5250 and 5270.15, or has been placed on a sequence of detentions pursuant to Section 5150 while awaiting placement at a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services, a certification review hearing shall be held unless judicial review has been requested as provided in Sections 5275 and 5276. The certification review hearing shall be within four days of the date on which the person is certified for a period of intensive treatment seven days of the date on which the person was initially detained pursuant to Section 5150 unless postponed by request of the person or his or her their attorney or advocate. Hearings may be postponed for 48 hours or, in counties with a population of 100,000 or less, until the next regularly scheduled hearing date.
SEC. 5. Section 5258 of the Welfare and Institutions Code is amended to read:5258. After the involuntary detention has begun, the total period of detention, including intervening periods of voluntary treatment, in which a person has been detained pursuant to Sections 5150 and 5250 combined shall not exceed the total maximum period during which the person could have been detained, if the person had been detained continuously on an involuntary basis, from the time of initial involuntary detention. 17 days.
SEC. 5. Section 5258 of the Welfare and Institutions Code is amended to read:
### SEC. 5.
5258. After the involuntary detention has begun, the total period of detention, including intervening periods of voluntary treatment, in which a person has been detained pursuant to Sections 5150 and 5250 combined shall not exceed the total maximum period during which the person could have been detained, if the person had been detained continuously on an involuntary basis, from the time of initial involuntary detention. 17 days.
5258. After the involuntary detention has begun, the total period of detention, including intervening periods of voluntary treatment, in which a person has been detained pursuant to Sections 5150 and 5250 combined shall not exceed the total maximum period during which the person could have been detained, if the person had been detained continuously on an involuntary basis, from the time of initial involuntary detention. 17 days.
5258. After the involuntary detention has begun, the total period of detention, including intervening periods of voluntary treatment, in which a person has been detained pursuant to Sections 5150 and 5250 combined shall not exceed the total maximum period during which the person could have been detained, if the person had been detained continuously on an involuntary basis, from the time of initial involuntary detention. 17 days.
5258. After the involuntary detention has begun, the total period of detention, including intervening periods of voluntary treatment, in which a person has been detained pursuant to Sections 5150 and 5250 combined shall not exceed the total maximum period during which the person could have been detained, if the person had been detained continuously on an involuntary basis, from the time of initial involuntary detention. 17 days.
SEC. 6. Section 5402 of the Welfare and Institutions Code is amended to read:5402. (a) The State Department of Health Care Services shall collect and publish annually quantitative by May 1 of each year information concerning the operation of this division including the from the previous fiscal year. The report shall, at a minimum, include all of the following information:(1) The number of persons persons, and the number of instances in which a person was, admitted for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment, treatment; the number of persons persons, and the number of instances in which a person was, transferred to mental health facilities pursuant to Section 4011.6 of the Penal Code, Code; the number of persons for whom whom, and the number of instances in which, temporary conservatorships are established, established; and the number of persons for whom whom, and the number of instances in which, conservatorships are established in each county.(2) The number of persons admitted either once, between two and five times, between six and eight times, and greater than eight times for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment.(3) The number of the different types of placement a person is in immediately following the termination of each instance in which a person was admitted for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment, transfers to mental health facilities pursuant to Section 4011.6 of the Penal Code, temporary conservatorships, and conservatorships. The different types of placements include, but are not limited to, transition to a higher level of care, independent living in the persons own house or apartment, community-based housing, community-based housing with services, shelter, and no housing.(4) An analysis stratifying the data reported in paragraphs (1) to (3), inclusive, by county, race, ethnicity, gender identity, age group, veteran status, housing status, and Medi-Cal enrollment status, if known.(b) Each local mental health director, and each facility providing services to persons pursuant to this division, shall provide the department, upon its request, by October 1 of each year, with any information, records, and reports which from the previous year that the department deems necessary for the purposes of this section. The department shall not have access to any patient name identifiers.(c) Information published pursuant to this section shall not contain patient name identifiers and shall contain statistical data only. or information that would otherwise allow an individual to link the published information to a specific person.(d) The department shall make the reports available to medical, legal, and other professional groups involved in the implementation of this division.
SEC. 6. Section 5402 of the Welfare and Institutions Code is amended to read:
### SEC. 6.
5402. (a) The State Department of Health Care Services shall collect and publish annually quantitative by May 1 of each year information concerning the operation of this division including the from the previous fiscal year. The report shall, at a minimum, include all of the following information:(1) The number of persons persons, and the number of instances in which a person was, admitted for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment, treatment; the number of persons persons, and the number of instances in which a person was, transferred to mental health facilities pursuant to Section 4011.6 of the Penal Code, Code; the number of persons for whom whom, and the number of instances in which, temporary conservatorships are established, established; and the number of persons for whom whom, and the number of instances in which, conservatorships are established in each county.(2) The number of persons admitted either once, between two and five times, between six and eight times, and greater than eight times for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment.(3) The number of the different types of placement a person is in immediately following the termination of each instance in which a person was admitted for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment, transfers to mental health facilities pursuant to Section 4011.6 of the Penal Code, temporary conservatorships, and conservatorships. The different types of placements include, but are not limited to, transition to a higher level of care, independent living in the persons own house or apartment, community-based housing, community-based housing with services, shelter, and no housing.(4) An analysis stratifying the data reported in paragraphs (1) to (3), inclusive, by county, race, ethnicity, gender identity, age group, veteran status, housing status, and Medi-Cal enrollment status, if known.(b) Each local mental health director, and each facility providing services to persons pursuant to this division, shall provide the department, upon its request, by October 1 of each year, with any information, records, and reports which from the previous year that the department deems necessary for the purposes of this section. The department shall not have access to any patient name identifiers.(c) Information published pursuant to this section shall not contain patient name identifiers and shall contain statistical data only. or information that would otherwise allow an individual to link the published information to a specific person.(d) The department shall make the reports available to medical, legal, and other professional groups involved in the implementation of this division.
5402. (a) The State Department of Health Care Services shall collect and publish annually quantitative by May 1 of each year information concerning the operation of this division including the from the previous fiscal year. The report shall, at a minimum, include all of the following information:(1) The number of persons persons, and the number of instances in which a person was, admitted for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment, treatment; the number of persons persons, and the number of instances in which a person was, transferred to mental health facilities pursuant to Section 4011.6 of the Penal Code, Code; the number of persons for whom whom, and the number of instances in which, temporary conservatorships are established, established; and the number of persons for whom whom, and the number of instances in which, conservatorships are established in each county.(2) The number of persons admitted either once, between two and five times, between six and eight times, and greater than eight times for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment.(3) The number of the different types of placement a person is in immediately following the termination of each instance in which a person was admitted for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment, transfers to mental health facilities pursuant to Section 4011.6 of the Penal Code, temporary conservatorships, and conservatorships. The different types of placements include, but are not limited to, transition to a higher level of care, independent living in the persons own house or apartment, community-based housing, community-based housing with services, shelter, and no housing.(4) An analysis stratifying the data reported in paragraphs (1) to (3), inclusive, by county, race, ethnicity, gender identity, age group, veteran status, housing status, and Medi-Cal enrollment status, if known.(b) Each local mental health director, and each facility providing services to persons pursuant to this division, shall provide the department, upon its request, by October 1 of each year, with any information, records, and reports which from the previous year that the department deems necessary for the purposes of this section. The department shall not have access to any patient name identifiers.(c) Information published pursuant to this section shall not contain patient name identifiers and shall contain statistical data only. or information that would otherwise allow an individual to link the published information to a specific person.(d) The department shall make the reports available to medical, legal, and other professional groups involved in the implementation of this division.
5402. (a) The State Department of Health Care Services shall collect and publish annually quantitative by May 1 of each year information concerning the operation of this division including the from the previous fiscal year. The report shall, at a minimum, include all of the following information:(1) The number of persons persons, and the number of instances in which a person was, admitted for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment, treatment; the number of persons persons, and the number of instances in which a person was, transferred to mental health facilities pursuant to Section 4011.6 of the Penal Code, Code; the number of persons for whom whom, and the number of instances in which, temporary conservatorships are established, established; and the number of persons for whom whom, and the number of instances in which, conservatorships are established in each county.(2) The number of persons admitted either once, between two and five times, between six and eight times, and greater than eight times for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment.(3) The number of the different types of placement a person is in immediately following the termination of each instance in which a person was admitted for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment, transfers to mental health facilities pursuant to Section 4011.6 of the Penal Code, temporary conservatorships, and conservatorships. The different types of placements include, but are not limited to, transition to a higher level of care, independent living in the persons own house or apartment, community-based housing, community-based housing with services, shelter, and no housing.(4) An analysis stratifying the data reported in paragraphs (1) to (3), inclusive, by county, race, ethnicity, gender identity, age group, veteran status, housing status, and Medi-Cal enrollment status, if known.(b) Each local mental health director, and each facility providing services to persons pursuant to this division, shall provide the department, upon its request, by October 1 of each year, with any information, records, and reports which from the previous year that the department deems necessary for the purposes of this section. The department shall not have access to any patient name identifiers.(c) Information published pursuant to this section shall not contain patient name identifiers and shall contain statistical data only. or information that would otherwise allow an individual to link the published information to a specific person.(d) The department shall make the reports available to medical, legal, and other professional groups involved in the implementation of this division.
5402. (a) The State Department of Health Care Services shall collect and publish annually quantitative by May 1 of each year information concerning the operation of this division including the from the previous fiscal year. The report shall, at a minimum, include all of the following information:
(1) The number of persons persons, and the number of instances in which a person was, admitted for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment, treatment; the number of persons persons, and the number of instances in which a person was, transferred to mental health facilities pursuant to Section 4011.6 of the Penal Code, Code; the number of persons for whom whom, and the number of instances in which, temporary conservatorships are established, established; and the number of persons for whom whom, and the number of instances in which, conservatorships are established in each county.
(2) The number of persons admitted either once, between two and five times, between six and eight times, and greater than eight times for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment.
(3) The number of the different types of placement a person is in immediately following the termination of each instance in which a person was admitted for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment, transfers to mental health facilities pursuant to Section 4011.6 of the Penal Code, temporary conservatorships, and conservatorships. The different types of placements include, but are not limited to, transition to a higher level of care, independent living in the persons own house or apartment, community-based housing, community-based housing with services, shelter, and no housing.
(4) An analysis stratifying the data reported in paragraphs (1) to (3), inclusive, by county, race, ethnicity, gender identity, age group, veteran status, housing status, and Medi-Cal enrollment status, if known.
(b) Each local mental health director, and each facility providing services to persons pursuant to this division, shall provide the department, upon its request, by October 1 of each year, with any information, records, and reports which from the previous year that the department deems necessary for the purposes of this section. The department shall not have access to any patient name identifiers.
(c) Information published pursuant to this section shall not contain patient name identifiers and shall contain statistical data only. or information that would otherwise allow an individual to link the published information to a specific person.
(d) The department shall make the reports available to medical, legal, and other professional groups involved in the implementation of this division.
SEC. 7. Section 5585.20 of the Welfare and Institutions Code is amended to read:5585.20. This part shall apply only to the initial 72 hours of mental health evaluation and treatment provided to a minor. Notwithstanding the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)), unless the context otherwise requires, the definitions and procedures contained in this part shall, for the initial 72 hours of evaluation and treatment, govern the construction of state law governing the civil commitment of minors for involuntary treatment. To the extent that this part conflicts with any other provisions of law, it is the intent of the Legislature that this part shall apply. Evaluation and treatment of a minor beyond the initial 72 hours shall be pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)). The procedures required by Section 5150.6 apply to minors if they are held on sequential detentions pursuant to Section 5150 that last beyond the initial 72 hours from detention.
SEC. 7. Section 5585.20 of the Welfare and Institutions Code is amended to read:
### SEC. 7.
5585.20. This part shall apply only to the initial 72 hours of mental health evaluation and treatment provided to a minor. Notwithstanding the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)), unless the context otherwise requires, the definitions and procedures contained in this part shall, for the initial 72 hours of evaluation and treatment, govern the construction of state law governing the civil commitment of minors for involuntary treatment. To the extent that this part conflicts with any other provisions of law, it is the intent of the Legislature that this part shall apply. Evaluation and treatment of a minor beyond the initial 72 hours shall be pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)). The procedures required by Section 5150.6 apply to minors if they are held on sequential detentions pursuant to Section 5150 that last beyond the initial 72 hours from detention.
5585.20. This part shall apply only to the initial 72 hours of mental health evaluation and treatment provided to a minor. Notwithstanding the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)), unless the context otherwise requires, the definitions and procedures contained in this part shall, for the initial 72 hours of evaluation and treatment, govern the construction of state law governing the civil commitment of minors for involuntary treatment. To the extent that this part conflicts with any other provisions of law, it is the intent of the Legislature that this part shall apply. Evaluation and treatment of a minor beyond the initial 72 hours shall be pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)). The procedures required by Section 5150.6 apply to minors if they are held on sequential detentions pursuant to Section 5150 that last beyond the initial 72 hours from detention.
5585.20. This part shall apply only to the initial 72 hours of mental health evaluation and treatment provided to a minor. Notwithstanding the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)), unless the context otherwise requires, the definitions and procedures contained in this part shall, for the initial 72 hours of evaluation and treatment, govern the construction of state law governing the civil commitment of minors for involuntary treatment. To the extent that this part conflicts with any other provisions of law, it is the intent of the Legislature that this part shall apply. Evaluation and treatment of a minor beyond the initial 72 hours shall be pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)). The procedures required by Section 5150.6 apply to minors if they are held on sequential detentions pursuant to Section 5150 that last beyond the initial 72 hours from detention.
5585.20. This part shall apply only to the initial 72 hours of mental health evaluation and treatment provided to a minor. Notwithstanding the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)), unless the context otherwise requires, the definitions and procedures contained in this part shall, for the initial 72 hours of evaluation and treatment, govern the construction of state law governing the civil commitment of minors for involuntary treatment. To the extent that this part conflicts with any other provisions of law, it is the intent of the Legislature that this part shall apply. Evaluation and treatment of a minor beyond the initial 72 hours shall be pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)). The procedures required by Section 5150.6 apply to minors if they are held on sequential detentions pursuant to Section 5150 that last beyond the initial 72 hours from detention.
SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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