Amended IN Senate August 11, 2022 Amended IN Senate June 13, 2022 Amended IN Assembly April 20, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2275Introduced by Assembly Members Wood and StoneFebruary 16, 2022An act to amend Sections 5150, 5151, 5256, 5275, 5328, 5350, 5354, 5402, and 5585.20 of the Welfare and Institutions Code, relating to mental health.LEGISLATIVE COUNSEL'S DIGESTAB 2275, as amended, 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 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 72-hour hold and remains detained. Because the bill would expand the population of persons who are entitled to a certification review hearing, it would create a state-mandated local program.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 January 1 of each year for information regarding the previous fiscal year, and would require the department to provide the report to the Senate and Assembly Committees on Health and Judiciary and to the Mental Health Services Oversight and Accountability Commission. The bill would additionally require the report to include specified items at a minimum, including the number of instances in which a person was admitted for those various treatment periods or a conservatorship was established, and statistics on where each person was placed 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, among others, the local mental health director, and each facility providing services to persons pursuant to the act, to provide the department by specified dates of each year with the information. The bill would authorize a local mental health director, after notice and an opportunity to be heard, to revoke the designation status of an individual or facility due to noncompliance with the requirement to provide information, records, and reports that the department deems necessary. The bill would also authorize the department to establish a system for the imposition of civil sanctions against counties for the failure to provide information, records, and reports that the department deems necessary. The bill would require the Mental Health Services Oversight and Accountability Commission, by May 1 of each year, to provide, among others, to the department a report analyzing and evaluating the efficacy of the mental health assessments, detentions, treatments, and supportive services provided pursuant to the Lanterman-Petris-Short Act, as specified. The bill would make conforming changes. 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.(a)The Legislature finds and declares the following:(1)An informational hearing on the Lanterman-Petris-Short Act (LPS Act) held on December 15, 2021, by the Assembly Committees on Health and Judiciary revealed that there is a significant lack of information and data on the efficacy of the LPS Act in treating those with mental illness across the state.(2)The state has expended billions of dollars to support and treat those with mental illness, but lacks data on the effectiveness of those investments and the efficacy of funded supports, services, and treatments.(3)Better data from every county in the state and ongoing thorough analysis of that data are needed to properly oversee the LPS Act and determine what changes are necessary to best support, serve, and treat those suffering from mental illness.(b)It is, therefore, the intent of the Legislature to enact legislation that would do all of the following:(1)Obtain prompt and accurate data pertaining to the implementation of the LPS Act.(2)Increase oversight and accountability over the implementation of the LPS Act through annual evaluations and enhanced data reporting requirements.(3)Provide for sanctions only as an incentive to ensure the prompt and accurate reporting of data needed to properly oversee the LPS Act, with the hope that there is never a need for the imposition of sanctions.SEC. 2.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 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 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, the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. This subdivision does not prevent a peace officer from delivering an individual to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision does not require a peace officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.(d) 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, 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 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 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 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 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 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 the person is first taken into custody under this section, shall be provided, by the person who takes 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 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 person shall be informed of this fact.(j) For each person admitted for evaluation and treatment, the facility shall keep with the 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.(k) A facility to which a person who is involuntarily detained pursuant to this section is transported shall notify the county patients rights advocate, as defined in Section 5500, if a person has not been released within 72 hours of the involuntary detention.SEC. 3.SEC. 2. 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 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.SEC. 3. 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 detained pursuant to Section 5150 and remains detained, a certification review hearing shall be held within seven days of the date on which the person was initially detained pursuant to Section 5150, unless judicial review has been requested as provided in Sections 5275 and 5276 or unless postponed by request of the person or their attorney or advocate.SEC. 5.SEC. 4. Section 5275 of the Welfare and Institutions Code is amended to read:5275. Every person detained under this part shall have a right to a hearing by writ of habeas corpus for their release after they or any person acting on their behalf has made a request for release to either (a) the person delivering the copy of the notice of certification to the person certified at the time of the delivery, or (b) to any member of the treatment staff of the facility providing intensive treatment, at any time during treatment pursuant to this part.Any person delivering a copy of the certification notice or any member of the treatment staff to whom a request for release is made shall promptly provide the person making the request for their signature or mark a copy of the form set forth below. The person delivering the copy of the certification notice or the member of the treatment staff, as the case may be, shall fill in their own name and the date, and, if the person signs by mark, shall fill in the persons name, and shall then deliver the completed copy to the professional person in charge of the intensive treatment facility, or their designee, notifying them of the request. As soon as possible, the person notified shall inform the superior court for the county in which the facility is located of the request for release.Any person who intentionally violates this section is guilty of a misdemeanor.The form for a request for release shall be substantially as follows:(Name of the facility)___ day of ____ 19__I, ____ (member of the treatment staff, or person delivering the copy of the certification notice), have today received a request for the release of ____ (name of patient) from the undersigned patient on the patients own behalf or from the undersigned person on behalf of the patient. _____ _____ Signature or mark of patient making request for release _____ _____ Signature or mark of person making request on behalf of patientSEC. 6.Section 5328 of the Welfare and Institutions Code is amended to read:5328.(a)All information and records obtained in the course of providing services under Division 4 (commencing with Section 4000), Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 5 (commencing with Section 5000), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100), to either voluntary or involuntary recipients of services are confidential. Information and records obtained in the course of providing similar services to either voluntary or involuntary recipients before 1969 are also confidential. Information and records shall be disclosed only in any of the following cases:(1)In communications between qualified professional persons in the provision of services or appropriate referrals, or in the course of conservatorship proceedings. The consent of the patient, or the patients guardian or conservator, shall be obtained before information or records may be disclosed by a professional person employed by a facility to a professional person not employed by the facility who does not have the medical or psychological responsibility for the patients care.(2)If the patient, with the approval of the physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, or licensed professional clinical counselor, who is in charge of the patient, designates persons to whom information or records may be released, except that this article does not compel a physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information that has been given to the person in confidence by members of a patients family. This paragraph does not authorize a licensed marriage and family therapist or licensed professional clinical counselor to provide services or to be in charge of a patients care beyond the therapists or counselors lawful scope of practice.(3)To the extent necessary for a recipient to make a claim, or for a claim to be made on behalf of a recipient for aid, insurance, or medical assistance to which the recipient may be entitled.(4)If the recipient of services is a minor, ward, dependent, or conservatee, and the recipients parent, guardian, guardian ad litem, conservator, or authorized representative designates, in writing, persons to whom records or information may be disclosed, except that this article does not compel a physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information that has been given to the person in confidence by members of a patients family.(5)For research, provided that the Director of Health Care Services, the Director of State Hospitals, the Director of Social Services, or the Director of Developmental Services designates by regulation, rules for the conduct of research and requires the research to be first reviewed by the appropriate institutional review board or boards. The rules shall include, but need not be limited to, the requirement that all researchers shall sign an oath of confidentiality as follows:DateAs a condition of doing research concerning persons who have received services from ____ (fill in the facility, agency, or person), I, ____, agree to obtain the prior informed consent of those persons who have received services to the maximum degree possible as determined by the appropriate institutional review board or boards for protection of human subjects reviewing my research, and I further agree not to divulge any information obtained in the course of that research to unauthorized persons, and not to publish or otherwise make public any information regarding persons who have received services such that the person who received services is identifiable.I recognize that the unauthorized release of confidential information may make me subject to a civil action under provisions of the Welfare and Institutions Code.(6)To the courts, as necessary to the administration of justice.(7)To governmental law enforcement agencies as needed for the protection of federal and state elective constitutional officers and their families.(8)To the Senate Committee on Rules or the Assembly Committee on Rules for the purposes of legislative investigation authorized by the committee.(9)If the recipient of services who applies for life or disability insurance designates in writing the insurer to which records or information may be disclosed.(10)To the attorney for the patient in any and all proceedings upon presentation of a release of information signed by the patient, except that when the patient is unable to sign the release, the staff of the facility, upon satisfying itself of the identity of the attorney, and of the fact that the attorney does represent the interests of the patient, may release all information and records relating to the patient, except that this article does not compel a physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information that has been given to the person in confidence by members of a patients family.(11)Upon written agreement by a person previously confined in or otherwise treated by a facility, the professional person in charge of the facility or the professional persons designee may release any information, except information that has been given in confidence by members of the persons family, requested by a probation officer charged with the evaluation of the person after the persons conviction of a crime if the professional person in charge of the facility determines that the information is relevant to the evaluation. The agreement shall only be operative until sentence is passed on the crime of which the person was convicted. The confidential information released pursuant to this paragraph shall be transmitted to the court separately from the probation report and shall not be placed in the probation report. The confidential information shall remain confidential except for purposes of sentencing. After sentencing, the confidential information shall be sealed.(12)(A)Between persons who are trained and qualified to serve on multidisciplinary personnel teams pursuant to subdivision (d) of Section 18951. The information and records sought to be disclosed shall be relevant to the provision of child welfare services or the investigation, prevention, identification, management, or treatment of child abuse or neglect pursuant to Chapter 11 (commencing with Section 18950) of Part 6 of Division 9. Information obtained pursuant to this paragraph shall not be used in any criminal or delinquency proceeding. This paragraph does not prohibit evidence identical to that contained within the records from being admissible in a criminal or delinquency proceeding, if the evidence is derived solely from means other than this paragraph, as permitted by law.(B)As used in this paragraph, child welfare services means those services that are directed at preventing child abuse or neglect.(13)To county patients rights advocates who have been given knowing voluntary authorization by a client or a guardian ad litem. The client or guardian ad litem, whoever entered into the agreement, may revoke the authorization at any time, either in writing or by oral declaration to an approved advocate.(14)To a committee established in compliance with Section 14725.(15)In providing information as described in Section 7325.5. This paragraph does not permit the release of any information other than that described in Section 7325.5.(16)To the county behavioral health director or the directors designee, or to a law enforcement officer, or to the person designated by a law enforcement agency, pursuant to Sections 5152.1 and 5250.1.(17)If the patient gives consent, information specifically pertaining to the existence of genetically handicapping conditions, as defined in Section 125135 of the Health and Safety Code, may be released to qualified professional persons for purposes of genetic counseling for blood relatives upon request of the blood relative. For purposes of this paragraph, qualified professional persons means those persons with the qualifications necessary to carry out the genetic counseling duties under this paragraph as determined by the genetic disease unit established in the State Department of Health Care Services under Section 125000 of the Health and Safety Code. If the patient does not respond or cannot respond to a request for permission to release information pursuant to this paragraph after reasonable attempts have been made over a two-week period to get a response, the information may be released upon request of the blood relative.(18)If the patient, in the opinion of the patients psychotherapist, presents a serious danger of violence to a reasonably foreseeable victim or victims, then any of the information or records specified in this section may be released to that person or persons and to law enforcement agencies and county child welfare agencies as the psychotherapist determines is needed for the protection of that person or persons. For purposes of this paragraph, psychotherapist has the same meaning as provided in Section 1010 of the Evidence Code.(19)(A)To the designated officer of an emergency response employee, and from that designated officer to an emergency response employee regarding possible exposure to HIV or AIDS, but only to the extent necessary to comply with the federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (Public Law 101-381; 42 U.S.C. Sec. 201).(B)For purposes of this paragraph, designated officer and emergency response employee have the same meaning as these terms are used in the federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (Public Law 101-381; 42 U.S.C. Sec. 201).(C)The designated officer shall be subject to the confidentiality requirements specified in Section 120980 of the Health and Safety Code, and may be personally liable for unauthorized release of any identifying information about the HIV results. Further, the designated officer shall inform the exposed emergency response employee that the employee is also subject to the confidentiality requirements specified in Section 120980 of the Health and Safety Code, and may be personally liable for unauthorized release of any identifying information about the HIV test results.(20)(A)To a law enforcement officer who personally lodges with a facility, as defined in subparagraph (B), a warrant of arrest or an abstract of a warrant showing that the person sought is wanted for a serious felony, as defined in Section 1192.7 of the Penal Code, or a violent felony, as defined in Section 667.5 of the Penal Code. The information sought and released shall be limited to whether or not the person named in the arrest warrant is presently confined in the facility. This subparagraph shall be implemented with minimum disruption to health facility operations and patients, in accordance with Section 5212. If the law enforcement officer is informed that the person named in the warrant is confined in the facility, the officer may not enter the facility to arrest the person without obtaining a valid search warrant or the permission of staff of the facility.(B)For purposes of subparagraph (A), a facility means all of the following:(i)A state hospital, as defined in Section 4001.(ii)A general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, solely with regard to information pertaining to a person with mental illness subject to this section.(iii)An acute psychiatric hospital, as defined in subdivision (b) of Section 1250 of the Health and Safety Code.(iv)A psychiatric health facility, as described in Section 1250.2 of the Health and Safety Code.(v)A mental health rehabilitation center, as described in Section 5675.(vi)A skilled nursing facility with a special treatment program for individuals with mental illness, as described in Sections 51335 and 72445 to 72475, inclusive, of Title 22 of the California Code of Regulations.(21)Between persons who are trained and qualified to serve on multidisciplinary personnel teams pursuant to Section 15610.55. The information and records sought to be disclosed shall be relevant to the prevention, identification, management, or treatment of an abused elder or dependent adult pursuant to Chapter 13 (commencing with Section 15750) of Part 3 of Division 9.(22)(A)When an employee is served with a notice of adverse action, as defined in Section 19570 of the Government Code, all of the following information and records may be released:(i)All information and records that the appointing authority relied upon in issuing the notice of adverse action.(ii)All other information and records that are relevant to the adverse action, or that would constitute relevant evidence as defined in Section 210 of the Evidence Code.(iii)The information described in clauses (i) and (ii) may be released only if both of the following conditions are met:(I)The appointing authority has provided written notice to the consumer and the consumers legal representative or, if the consumer has no legal representative or if the legal representative is a state agency, to the clients rights advocate, and the consumer, the consumers legal representative, or the clients rights advocate has not objected in writing to the appointing authority within five business days of receipt of the notice, or the appointing authority, upon review of the objection, has determined that the circumstances on which the adverse action is based are egregious or threaten the health, safety, or life of the consumer or other consumers and without the information the adverse action could not be taken.(II)The appointing authority, the person against whom the adverse action has been taken, and the persons representative, if any, have entered into a stipulation that does all of the following:(ia)Prohibits the parties from disclosing or using the information or records for any purpose other than the proceedings for which the information or records were requested or provided.(ib)Requires the employee and the employees legal representative to return to the appointing authority all records provided to them under this paragraph, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents or copies thereof that are no longer in the possession of the employee or the employees legal representative because they were submitted to the administrative tribunal as a component of an appeal from the adverse action.(ic)Requires the parties to submit the stipulation to the administrative tribunal with jurisdiction over the adverse action at the earliest possible opportunity.(B)For purposes of this paragraph, the State Personnel Board may, before any appeal from adverse action being filed with it, issue a protective order, upon application by the appointing authority, for the limited purpose of prohibiting the parties from disclosing or using information or records for any purpose other than the proceeding for which the information or records were requested or provided, and to require the employee or the employees legal representative to return to the appointing authority all records provided to them under this paragraph, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents or copies thereof that are no longer in the possession of the employee or the employees legal representatives because they were submitted to the administrative tribunal as a component of an appeal from the adverse action.(C)Individual identifiers, including, but not limited to, names, social security numbers, and hospital numbers, that are not necessary for the prosecution or defense of the adverse action, shall not be disclosed.(D)All records, documents, or other materials containing confidential information protected by this section that have been submitted or otherwise disclosed to the administrative agency or other person as a component of an appeal from an adverse action shall, upon proper motion by the appointing authority to the administrative tribunal, be placed under administrative seal and shall not, thereafter, be subject to disclosure to any person or entity except upon the issuance of an order of a court of competent jurisdiction.(E)For purposes of this paragraph, an adverse action becomes final when the employee fails to answer within the time specified in Section 19575 of the Government Code, or, after filing an answer, withdraws the appeal, or, upon exhaustion of the administrative appeal or of the judicial review remedies as otherwise provided by law.(23)To the person appointed as the developmental services decisionmaker for a minor, dependent, or ward pursuant to Section 319, 361, or 726.(24)During the provision of emergency services and care, as defined in Section 1317.1 of the Health and Safety Code, the communication of patient information between a physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, emergency medical personnel at the scene of an emergency or in an emergency medical transport vehicle, or other professional person or emergency medical personnel at a health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.(25)To a business associate or for health care operations purposes, in accordance with Part 160 (commencing with Section 160.101) and Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations.(26)To authorized personnel who are employed by the California Victim Compensation Board for the purposes of verifying the identity and eligibility of individuals claiming compensation pursuant to the Forced or Involuntary Sterilization Compensation Program described in Chapter 1.6 (commencing with Section 24210) of Division 20 of the Health and Safety Code. The California Victim Compensation Board shall maintain the confidentiality of any information or records received from the department in accordance with Part 160 (commencing with Section 160.101) and Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations and this section. Public disclosure of aggregated claimant information or the annual report required under subdivision (b) of Section 24211 of the Health and Safety Code is not a violation of this section.(27)To the State Department of Health Care Services, the Mental Health Services Oversight and Accountability Commission, and entities charged with collecting data or publishing the reports pursuant to Section 5402, only if the information and records shared conform to the requirements specified in Section 5402, including the requirement to anonymize the data pursuant to subdivision (e) of Section 5402.(b)The amendment of paragraph (4) of subdivision (a) enacted at the 1970 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the preexisting law.(c)This section is not limited by Section 5150.05 or 5332.SEC. 7.SEC. 5. Section 5350 of the Welfare and Institutions Code is amended to read:5350. A conservator of the person, of the estate, or of the person and the estate may be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism.The procedure for establishing, administering, and terminating a conservatorship under this chapter shall be the same as that provided in Division 4 (commencing with Section 1400) of the Probate Code, except as follows:(a) A conservator may be appointed for a gravely disabled minor.(b) (1) Appointment of a conservator under this part, including the appointment of a conservator for a person who is gravely disabled, as defined in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, shall be subject to the list of priorities in Section 1812 of the Probate Code unless the officer providing conservatorship investigation recommends otherwise to the superior court.(2) In appointing a conservator, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008, the court shall consider the purposes of protection of the public and the treatment of the conservatee. Notwithstanding any other provision of this section, the court shall not appoint the proposed conservator if the court determines that appointment of the proposed conservator will not result in adequate protection of the public.(c) No conservatorship of the estate pursuant to this chapter shall be established if a conservatorship or guardianship of the estate exists under the Probate Code. When a gravely disabled person already has a guardian or conservator of the person appointed under the Probate Code, the proceedings under this chapter shall not terminate the prior proceedings but shall be concurrent with and superior thereto. The superior court may appoint the existing guardian or conservator of the person or another person as conservator of the person under this chapter.(d) (1) The person for whom conservatorship is sought shall have the right to demand a court or jury trial on the issue of whether the person is gravely disabled. Demand for court or jury trial shall be made within five days following the hearing on the conservatorship petition. If the proposed conservatee demands a court or jury trial before the date of the hearing as provided for in Section 5365, the demand shall constitute a waiver of the hearing.(2) Court or jury trial shall commence within 10 days of the date of the demand, except that the court shall continue the trial date for a period not to exceed 15 days upon the request of counsel for the proposed conservatee. Failure to commence the trial within that period of time is grounds for dismissal of the conservatorship proceedings.(3) This right shall also apply in subsequent proceedings to reestablish conservatorship.(e) (1) Notwithstanding subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, a person is not gravely disabled if that person can survive safely without involuntary detention with the help of responsible family, friends, or others who are both willing and able to help provide for the persons basic personal needs for food, clothing, or shelter.(2) However, unless they specifically indicate in writing their willingness and ability to help, family, friends, or others shall not be considered willing or able to provide this help.(3) The purpose of this subdivision is to avoid the necessity for, and the harmful effects of, requiring family, friends, and others to publicly state, and requiring the court to publicly find, that no one is willing or able to assist a person with a mental health disorder in providing for the persons basic needs for food, clothing, or shelter.(4) This subdivision does not apply to a person who is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008.(f) Conservatorship investigation shall be conducted pursuant to this part and shall not be subject to Section 1826 or Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code.(g) Notice of proceedings under this chapter shall be given to a guardian or conservator of the person or estate of the proposed conservatee appointed under the Probate Code.(h) As otherwise provided in this chapter.SEC. 8.SEC. 6. Section 5354 of the Welfare and Institutions Code is amended to read:5354. (a) The officer providing conservatorship investigation shall investigate all available alternatives to conservatorship and shall recommend conservatorship to the court only if no suitable alternatives are available. This officer shall render to the court a written report of investigation prior to the hearing. The report to the court shall be comprehensive and shall contain all relevant aspects of the persons medical, psychological, financial, family, vocational, and social condition, and information obtained from the persons family members, close friends, social worker, or principal therapist. The report shall also contain all available information concerning the persons real and personal property. The facilities providing intensive treatment or comprehensive evaluation shall disclose any records or information which may facilitate the investigation. If the officer providing conservatorship investigation recommends either for or against conservatorship, the officer shall set forth all alternatives available, including all less restrictive alternatives. A copy of the report shall be transmitted to the individual who originally recommended conservatorship, to the person or agency, if any, recommended to serve as conservator, and to the person recommended for conservatorship. The court may receive the report in evidence and may read and consider the contents thereof in rendering its judgment.(b) Notwithstanding Section 5328, when a court with jurisdiction over a person in a criminal case orders an evaluation of the persons mental condition pursuant to Section 5200, and that evaluation leads to a conservatorship investigation, the officer providing the conservatorship investigation shall serve a copy of the report required under subdivision (a) upon the defendant or the defendants counsel. Upon the prior written request of the defendant or the defendants counsel, the officer providing the conservatorship investigation shall also submit a copy of the report to the court hearing the criminal case, the district attorney, and the county probation department. The conservatorship investigation report and the information contained in that report, shall be kept confidential and shall not be further disclosed to anyone without the prior written consent of the defendant. After disposition of the criminal case, the court shall place all copies of the report in a sealed file, except as follows:(1) The defendant and the defendants counsel may retain their copy.(2) If the defendant is placed on probation status, the county probation department may retain a copy of the report for the purpose of supervision of the defendant until the probation is terminated, at which time the probation department shall return its copy of the report to the court for placement into the sealed file.SEC. 9.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 by January 1 of each year information concerning the operation of this division from the previous fiscal year. The department shall provide a copy of the report by January 1 of each year to the Senate and Assembly Committees on Health and Judiciary and to the Mental Health Services Oversight and Accountability Commission. The report shall, at a minimum, include all of the following information:(1)The number of persons, and the number of instances in which a person was, detained for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment; the reason for the 72-hour evaluation and treatment, as recorded on the form specified in subdivision (i) of Section 5150; the number of 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; the number of persons for whom, and the number of instances in which, temporary conservatorships are established; the number of persons for whom, and the number of instances in which, conservatorships are established.(2)The number and outcomes of all of the following: certification review hearings held pursuant to Section 5256; petitions for writs of habeas corpus filed pursuant to Section 5275; judicial review hearings held pursuant to Section 5276; petitions for capacity hearings filed pursuant to Section 5332; and capacity hearings held pursuant to Section 5334 in each superior court.(3)Whether a person reported in paragraph (1) has private health insurance, Medicare, Medi-Cal, differentiating between Medi-Cal managed care or Medi-Cal mental health, or is uninsured.(4)The number of persons detained either once, between two and five times, between six and eight times, and greater than eight times for each type of detention, including 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment.(5)The number of persons detained, and the number of instances in which an individual was detained, pursuant to Section 5150 for longer than 72 hours, beginning at the time when the person is first detained.(6)Statistics on where each person was placed immediately following the termination of each instance in which a person was detained 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. 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.(7)An analysis stratifying the data reported in paragraphs (1) to (6), inclusive, by county, and, if known, race, ethnicity, gender identity, age group, veteran status, housing status, and Medi-Cal enrollment status.(8)For any information required pursuant to paragraphs (1) to (7), inclusive, that is not included in the report, an explanation of why that information is not provided, including whether the unreported information is due to unreported data from a local mental health director or the departments deidentification guidelines.(b)(1)Each facility designated by the county for treatment and evaluation that detains, or provides services to, persons pursuant to this division shall, on a quarterly basis with the final quarterly report occurring no later than August 1 of each year, provide the local mental health director of the county in which they operate with any information, records, and reports from the previous quarter that the department deems necessary for the purposes of this section.(2)Each professional person designated by the county for the purpose of assessment or evaluation pursuant to this division shall, on a quarterly basis with the final quarterly report occurring no later than August 1 of each year, provide the local mental health director of the county in which they operate with any information, records, and reports of assessments conducted in nondesignated facilities from the previous quarter that the department deems necessary for the purposes of this section.(c)A local mental health director may, after notice and an opportunity for comment, revoke the designation status under this division of an individual or facility due to noncompliance with subdivision (b).(d)Each local mental health director shall provide the department, on a quarterly basis with the final quarterly report occurring no later than October 1 of each year, with any information, records, and reports from the previous quarter that the department deems necessary for the purposes of this section. The department shall not have access to any patient name identifiers.(e)The State Department of Health Care Services may establish a system that encourages full reporting of information for the imposition of civil sanctions against counties which are in violation of subdivision (d) provided the system has due process protections for the counties. If the State Department of Health Care Services determines that there is or has been a substantial failure on the part of a local mental health director to comply with subdivision (d), the Director of Health Care Services may impose sanctions, which shall first require a corrective action plan and which may lead to a fine not to exceed five thousand dollars ($5,000) for each violation.(f)The Judicial Council shall provide the department, by October 1 of each year, with data from each superior court the department deems necessary to complete the report described in this section, including providing the number and outcomes of certification review hearings held pursuant to Section 5256, petitions for writs of habeas corpus filed pursuant to Section 5275, judicial review hearings held pursuant to Section 5276, petitions for capacity hearings filed pursuant to Section 5332, and capacity hearings held pursuant to Section 5334 in each superior court. The department shall not have access to any patient name identifiers.(g)Information published pursuant to this section shall not contain patient name identifiers or information that would otherwise allow an individual to link the published information to a specific person.(h)The department shall make the reports available to medical, legal, and other professional groups involved in the implementation of this division.(i)(1)The Mental Health Services Oversight and Accountability Commission shall, by May 1 of each year, publish and provide to the department, the counties, and the Senate and Assembly Committees on Health and Judiciary a report analyzing and evaluating the efficacy of the mental health assessments, detentions, treatments, and supportive services provided both under this part and subsequent to release, based on the report in subdivision (a).(2)The report shall include recommendations for improving mental health assessments, detentions, treatments, and supportive services provided both under this part and subsequent to release.(3)The report shall include an assessment of the disproportionate use of detentions and conservatorships on various groups, including an assessment of use by the race, ethnicity, gender identity, age group, veteran status, housing status, and Medi-Cal enrollment status of detained and conserved persons. This assessment shall evaluate disproportionate use at the county, regional, and state levels.(4)Beginning with the report due May 1, 2024, the report shall also include the progress that has been made on implementing recommendations from prior reports issued under this subdivision.(5)The Mental Health Services Oversight and Accountability Commission may, in preparing the report, consult with the various stakeholders involved with mental health issues under this part, including the department, the county departments of behavioral health, the hospitals, and groups that advocate on behalf of those with mental health disorders.(6)The Mental Health Services Oversight and Accountability Commission may contract with an independent entity with sufficient expertise in the area to assist with the preparation of the report required by this subdivision.(j)In order for the Mental Health Services Oversight and Accountability Commission to prepare the report required pursuant to subdivision (i), the State Department of Health Care Services shall securely submit electronic copies of the following to the Mental Health Services Oversight and Accountability Commission:(1)All complete, unredacted, and unsuppressed data, reports, and information on the implementation of this part gathered pursuant to subdivision (a).(2)Additional data, reports, and information that the Mental Health Services Oversight and Accountability Commission deems necessary to prepare the report required by subdivision (i).SEC. 10.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 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)).SEC. 11.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.
Amended IN Senate August 11, 2022 Amended IN Senate June 13, 2022 Amended IN Assembly April 20, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2275Introduced by Assembly Members Wood and StoneFebruary 16, 2022An act to amend Sections 5150, 5151, 5256, 5275, 5328, 5350, 5354, 5402, and 5585.20 of the Welfare and Institutions Code, relating to mental health.LEGISLATIVE COUNSEL'S DIGESTAB 2275, as amended, 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 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 72-hour hold and remains detained. Because the bill would expand the population of persons who are entitled to a certification review hearing, it would create a state-mandated local program.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 January 1 of each year for information regarding the previous fiscal year, and would require the department to provide the report to the Senate and Assembly Committees on Health and Judiciary and to the Mental Health Services Oversight and Accountability Commission. The bill would additionally require the report to include specified items at a minimum, including the number of instances in which a person was admitted for those various treatment periods or a conservatorship was established, and statistics on where each person was placed 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, among others, the local mental health director, and each facility providing services to persons pursuant to the act, to provide the department by specified dates of each year with the information. The bill would authorize a local mental health director, after notice and an opportunity to be heard, to revoke the designation status of an individual or facility due to noncompliance with the requirement to provide information, records, and reports that the department deems necessary. The bill would also authorize the department to establish a system for the imposition of civil sanctions against counties for the failure to provide information, records, and reports that the department deems necessary. The bill would require the Mental Health Services Oversight and Accountability Commission, by May 1 of each year, to provide, among others, to the department a report analyzing and evaluating the efficacy of the mental health assessments, detentions, treatments, and supportive services provided pursuant to the Lanterman-Petris-Short Act, as specified. The bill would make conforming changes. 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
Amended IN Senate August 11, 2022 Amended IN Senate June 13, 2022 Amended IN Assembly April 20, 2022
Amended IN Senate August 11, 2022
Amended IN Senate June 13, 2022
Amended IN Assembly April 20, 2022
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, 5275, 5328, 5350, 5354, 5402, and 5585.20 of the Welfare and Institutions Code, relating to mental health.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2275, as amended, 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 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 72-hour hold and remains detained. Because the bill would expand the population of persons who are entitled to a certification review hearing, it would create a state-mandated local program.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 January 1 of each year for information regarding the previous fiscal year, and would require the department to provide the report to the Senate and Assembly Committees on Health and Judiciary and to the Mental Health Services Oversight and Accountability Commission. The bill would additionally require the report to include specified items at a minimum, including the number of instances in which a person was admitted for those various treatment periods or a conservatorship was established, and statistics on where each person was placed 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, among others, the local mental health director, and each facility providing services to persons pursuant to the act, to provide the department by specified dates of each year with the information. The bill would authorize a local mental health director, after notice and an opportunity to be heard, to revoke the designation status of an individual or facility due to noncompliance with the requirement to provide information, records, and reports that the department deems necessary. The bill would also authorize the department to establish a system for the imposition of civil sanctions against counties for the failure to provide information, records, and reports that the department deems necessary. The bill would require the Mental Health Services Oversight and Accountability Commission, by May 1 of each year, to provide, among others, to the department a report analyzing and evaluating the efficacy of the mental health assessments, detentions, treatments, and supportive services provided pursuant to the Lanterman-Petris-Short Act, as specified. The bill would make conforming changes. 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 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 72-hour hold and remains detained. Because the bill would expand the population of persons who are entitled to a certification review hearing, it would create a state-mandated local program.
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 January 1 of each year for information regarding the previous fiscal year, and would require the department to provide the report to the Senate and Assembly Committees on Health and Judiciary and to the Mental Health Services Oversight and Accountability Commission. The bill would additionally require the report to include specified items at a minimum, including the number of instances in which a person was admitted for those various treatment periods or a conservatorship was established, and statistics on where each person was placed 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, among others, the local mental health director, and each facility providing services to persons pursuant to the act, to provide the department by specified dates of each year with the information. The bill would authorize a local mental health director, after notice and an opportunity to be heard, to revoke the designation status of an individual or facility due to noncompliance with the requirement to provide information, records, and reports that the department deems necessary. The bill would also authorize the department to establish a system for the imposition of civil sanctions against counties for the failure to provide information, records, and reports that the department deems necessary. The bill would require the Mental Health Services Oversight and Accountability Commission, by May 1 of each year, to provide, among others, to the department a report analyzing and evaluating the efficacy of the mental health assessments, detentions, treatments, and supportive services provided pursuant to the Lanterman-Petris-Short Act, as specified. The bill would make conforming changes. 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.(a)The Legislature finds and declares the following:(1)An informational hearing on the Lanterman-Petris-Short Act (LPS Act) held on December 15, 2021, by the Assembly Committees on Health and Judiciary revealed that there is a significant lack of information and data on the efficacy of the LPS Act in treating those with mental illness across the state.(2)The state has expended billions of dollars to support and treat those with mental illness, but lacks data on the effectiveness of those investments and the efficacy of funded supports, services, and treatments.(3)Better data from every county in the state and ongoing thorough analysis of that data are needed to properly oversee the LPS Act and determine what changes are necessary to best support, serve, and treat those suffering from mental illness.(b)It is, therefore, the intent of the Legislature to enact legislation that would do all of the following:(1)Obtain prompt and accurate data pertaining to the implementation of the LPS Act.(2)Increase oversight and accountability over the implementation of the LPS Act through annual evaluations and enhanced data reporting requirements.(3)Provide for sanctions only as an incentive to ensure the prompt and accurate reporting of data needed to properly oversee the LPS Act, with the hope that there is never a need for the imposition of sanctions.SEC. 2.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 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 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, the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. This subdivision does not prevent a peace officer from delivering an individual to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision does not require a peace officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.(d) 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, 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 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 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 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 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 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 the person is first taken into custody under this section, shall be provided, by the person who takes 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 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 person shall be informed of this fact.(j) For each person admitted for evaluation and treatment, the facility shall keep with the 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.(k) A facility to which a person who is involuntarily detained pursuant to this section is transported shall notify the county patients rights advocate, as defined in Section 5500, if a person has not been released within 72 hours of the involuntary detention.SEC. 3.SEC. 2. 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 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.SEC. 3. 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 detained pursuant to Section 5150 and remains detained, a certification review hearing shall be held within seven days of the date on which the person was initially detained pursuant to Section 5150, unless judicial review has been requested as provided in Sections 5275 and 5276 or unless postponed by request of the person or their attorney or advocate.SEC. 5.SEC. 4. Section 5275 of the Welfare and Institutions Code is amended to read:5275. Every person detained under this part shall have a right to a hearing by writ of habeas corpus for their release after they or any person acting on their behalf has made a request for release to either (a) the person delivering the copy of the notice of certification to the person certified at the time of the delivery, or (b) to any member of the treatment staff of the facility providing intensive treatment, at any time during treatment pursuant to this part.Any person delivering a copy of the certification notice or any member of the treatment staff to whom a request for release is made shall promptly provide the person making the request for their signature or mark a copy of the form set forth below. The person delivering the copy of the certification notice or the member of the treatment staff, as the case may be, shall fill in their own name and the date, and, if the person signs by mark, shall fill in the persons name, and shall then deliver the completed copy to the professional person in charge of the intensive treatment facility, or their designee, notifying them of the request. As soon as possible, the person notified shall inform the superior court for the county in which the facility is located of the request for release.Any person who intentionally violates this section is guilty of a misdemeanor.The form for a request for release shall be substantially as follows:(Name of the facility)___ day of ____ 19__I, ____ (member of the treatment staff, or person delivering the copy of the certification notice), have today received a request for the release of ____ (name of patient) from the undersigned patient on the patients own behalf or from the undersigned person on behalf of the patient. _____ _____ Signature or mark of patient making request for release _____ _____ Signature or mark of person making request on behalf of patientSEC. 6.Section 5328 of the Welfare and Institutions Code is amended to read:5328.(a)All information and records obtained in the course of providing services under Division 4 (commencing with Section 4000), Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 5 (commencing with Section 5000), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100), to either voluntary or involuntary recipients of services are confidential. Information and records obtained in the course of providing similar services to either voluntary or involuntary recipients before 1969 are also confidential. Information and records shall be disclosed only in any of the following cases:(1)In communications between qualified professional persons in the provision of services or appropriate referrals, or in the course of conservatorship proceedings. The consent of the patient, or the patients guardian or conservator, shall be obtained before information or records may be disclosed by a professional person employed by a facility to a professional person not employed by the facility who does not have the medical or psychological responsibility for the patients care.(2)If the patient, with the approval of the physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, or licensed professional clinical counselor, who is in charge of the patient, designates persons to whom information or records may be released, except that this article does not compel a physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information that has been given to the person in confidence by members of a patients family. This paragraph does not authorize a licensed marriage and family therapist or licensed professional clinical counselor to provide services or to be in charge of a patients care beyond the therapists or counselors lawful scope of practice.(3)To the extent necessary for a recipient to make a claim, or for a claim to be made on behalf of a recipient for aid, insurance, or medical assistance to which the recipient may be entitled.(4)If the recipient of services is a minor, ward, dependent, or conservatee, and the recipients parent, guardian, guardian ad litem, conservator, or authorized representative designates, in writing, persons to whom records or information may be disclosed, except that this article does not compel a physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information that has been given to the person in confidence by members of a patients family.(5)For research, provided that the Director of Health Care Services, the Director of State Hospitals, the Director of Social Services, or the Director of Developmental Services designates by regulation, rules for the conduct of research and requires the research to be first reviewed by the appropriate institutional review board or boards. The rules shall include, but need not be limited to, the requirement that all researchers shall sign an oath of confidentiality as follows:DateAs a condition of doing research concerning persons who have received services from ____ (fill in the facility, agency, or person), I, ____, agree to obtain the prior informed consent of those persons who have received services to the maximum degree possible as determined by the appropriate institutional review board or boards for protection of human subjects reviewing my research, and I further agree not to divulge any information obtained in the course of that research to unauthorized persons, and not to publish or otherwise make public any information regarding persons who have received services such that the person who received services is identifiable.I recognize that the unauthorized release of confidential information may make me subject to a civil action under provisions of the Welfare and Institutions Code.(6)To the courts, as necessary to the administration of justice.(7)To governmental law enforcement agencies as needed for the protection of federal and state elective constitutional officers and their families.(8)To the Senate Committee on Rules or the Assembly Committee on Rules for the purposes of legislative investigation authorized by the committee.(9)If the recipient of services who applies for life or disability insurance designates in writing the insurer to which records or information may be disclosed.(10)To the attorney for the patient in any and all proceedings upon presentation of a release of information signed by the patient, except that when the patient is unable to sign the release, the staff of the facility, upon satisfying itself of the identity of the attorney, and of the fact that the attorney does represent the interests of the patient, may release all information and records relating to the patient, except that this article does not compel a physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information that has been given to the person in confidence by members of a patients family.(11)Upon written agreement by a person previously confined in or otherwise treated by a facility, the professional person in charge of the facility or the professional persons designee may release any information, except information that has been given in confidence by members of the persons family, requested by a probation officer charged with the evaluation of the person after the persons conviction of a crime if the professional person in charge of the facility determines that the information is relevant to the evaluation. The agreement shall only be operative until sentence is passed on the crime of which the person was convicted. The confidential information released pursuant to this paragraph shall be transmitted to the court separately from the probation report and shall not be placed in the probation report. The confidential information shall remain confidential except for purposes of sentencing. After sentencing, the confidential information shall be sealed.(12)(A)Between persons who are trained and qualified to serve on multidisciplinary personnel teams pursuant to subdivision (d) of Section 18951. The information and records sought to be disclosed shall be relevant to the provision of child welfare services or the investigation, prevention, identification, management, or treatment of child abuse or neglect pursuant to Chapter 11 (commencing with Section 18950) of Part 6 of Division 9. Information obtained pursuant to this paragraph shall not be used in any criminal or delinquency proceeding. This paragraph does not prohibit evidence identical to that contained within the records from being admissible in a criminal or delinquency proceeding, if the evidence is derived solely from means other than this paragraph, as permitted by law.(B)As used in this paragraph, child welfare services means those services that are directed at preventing child abuse or neglect.(13)To county patients rights advocates who have been given knowing voluntary authorization by a client or a guardian ad litem. The client or guardian ad litem, whoever entered into the agreement, may revoke the authorization at any time, either in writing or by oral declaration to an approved advocate.(14)To a committee established in compliance with Section 14725.(15)In providing information as described in Section 7325.5. This paragraph does not permit the release of any information other than that described in Section 7325.5.(16)To the county behavioral health director or the directors designee, or to a law enforcement officer, or to the person designated by a law enforcement agency, pursuant to Sections 5152.1 and 5250.1.(17)If the patient gives consent, information specifically pertaining to the existence of genetically handicapping conditions, as defined in Section 125135 of the Health and Safety Code, may be released to qualified professional persons for purposes of genetic counseling for blood relatives upon request of the blood relative. For purposes of this paragraph, qualified professional persons means those persons with the qualifications necessary to carry out the genetic counseling duties under this paragraph as determined by the genetic disease unit established in the State Department of Health Care Services under Section 125000 of the Health and Safety Code. If the patient does not respond or cannot respond to a request for permission to release information pursuant to this paragraph after reasonable attempts have been made over a two-week period to get a response, the information may be released upon request of the blood relative.(18)If the patient, in the opinion of the patients psychotherapist, presents a serious danger of violence to a reasonably foreseeable victim or victims, then any of the information or records specified in this section may be released to that person or persons and to law enforcement agencies and county child welfare agencies as the psychotherapist determines is needed for the protection of that person or persons. For purposes of this paragraph, psychotherapist has the same meaning as provided in Section 1010 of the Evidence Code.(19)(A)To the designated officer of an emergency response employee, and from that designated officer to an emergency response employee regarding possible exposure to HIV or AIDS, but only to the extent necessary to comply with the federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (Public Law 101-381; 42 U.S.C. Sec. 201).(B)For purposes of this paragraph, designated officer and emergency response employee have the same meaning as these terms are used in the federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (Public Law 101-381; 42 U.S.C. Sec. 201).(C)The designated officer shall be subject to the confidentiality requirements specified in Section 120980 of the Health and Safety Code, and may be personally liable for unauthorized release of any identifying information about the HIV results. Further, the designated officer shall inform the exposed emergency response employee that the employee is also subject to the confidentiality requirements specified in Section 120980 of the Health and Safety Code, and may be personally liable for unauthorized release of any identifying information about the HIV test results.(20)(A)To a law enforcement officer who personally lodges with a facility, as defined in subparagraph (B), a warrant of arrest or an abstract of a warrant showing that the person sought is wanted for a serious felony, as defined in Section 1192.7 of the Penal Code, or a violent felony, as defined in Section 667.5 of the Penal Code. The information sought and released shall be limited to whether or not the person named in the arrest warrant is presently confined in the facility. This subparagraph shall be implemented with minimum disruption to health facility operations and patients, in accordance with Section 5212. If the law enforcement officer is informed that the person named in the warrant is confined in the facility, the officer may not enter the facility to arrest the person without obtaining a valid search warrant or the permission of staff of the facility.(B)For purposes of subparagraph (A), a facility means all of the following:(i)A state hospital, as defined in Section 4001.(ii)A general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, solely with regard to information pertaining to a person with mental illness subject to this section.(iii)An acute psychiatric hospital, as defined in subdivision (b) of Section 1250 of the Health and Safety Code.(iv)A psychiatric health facility, as described in Section 1250.2 of the Health and Safety Code.(v)A mental health rehabilitation center, as described in Section 5675.(vi)A skilled nursing facility with a special treatment program for individuals with mental illness, as described in Sections 51335 and 72445 to 72475, inclusive, of Title 22 of the California Code of Regulations.(21)Between persons who are trained and qualified to serve on multidisciplinary personnel teams pursuant to Section 15610.55. The information and records sought to be disclosed shall be relevant to the prevention, identification, management, or treatment of an abused elder or dependent adult pursuant to Chapter 13 (commencing with Section 15750) of Part 3 of Division 9.(22)(A)When an employee is served with a notice of adverse action, as defined in Section 19570 of the Government Code, all of the following information and records may be released:(i)All information and records that the appointing authority relied upon in issuing the notice of adverse action.(ii)All other information and records that are relevant to the adverse action, or that would constitute relevant evidence as defined in Section 210 of the Evidence Code.(iii)The information described in clauses (i) and (ii) may be released only if both of the following conditions are met:(I)The appointing authority has provided written notice to the consumer and the consumers legal representative or, if the consumer has no legal representative or if the legal representative is a state agency, to the clients rights advocate, and the consumer, the consumers legal representative, or the clients rights advocate has not objected in writing to the appointing authority within five business days of receipt of the notice, or the appointing authority, upon review of the objection, has determined that the circumstances on which the adverse action is based are egregious or threaten the health, safety, or life of the consumer or other consumers and without the information the adverse action could not be taken.(II)The appointing authority, the person against whom the adverse action has been taken, and the persons representative, if any, have entered into a stipulation that does all of the following:(ia)Prohibits the parties from disclosing or using the information or records for any purpose other than the proceedings for which the information or records were requested or provided.(ib)Requires the employee and the employees legal representative to return to the appointing authority all records provided to them under this paragraph, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents or copies thereof that are no longer in the possession of the employee or the employees legal representative because they were submitted to the administrative tribunal as a component of an appeal from the adverse action.(ic)Requires the parties to submit the stipulation to the administrative tribunal with jurisdiction over the adverse action at the earliest possible opportunity.(B)For purposes of this paragraph, the State Personnel Board may, before any appeal from adverse action being filed with it, issue a protective order, upon application by the appointing authority, for the limited purpose of prohibiting the parties from disclosing or using information or records for any purpose other than the proceeding for which the information or records were requested or provided, and to require the employee or the employees legal representative to return to the appointing authority all records provided to them under this paragraph, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents or copies thereof that are no longer in the possession of the employee or the employees legal representatives because they were submitted to the administrative tribunal as a component of an appeal from the adverse action.(C)Individual identifiers, including, but not limited to, names, social security numbers, and hospital numbers, that are not necessary for the prosecution or defense of the adverse action, shall not be disclosed.(D)All records, documents, or other materials containing confidential information protected by this section that have been submitted or otherwise disclosed to the administrative agency or other person as a component of an appeal from an adverse action shall, upon proper motion by the appointing authority to the administrative tribunal, be placed under administrative seal and shall not, thereafter, be subject to disclosure to any person or entity except upon the issuance of an order of a court of competent jurisdiction.(E)For purposes of this paragraph, an adverse action becomes final when the employee fails to answer within the time specified in Section 19575 of the Government Code, or, after filing an answer, withdraws the appeal, or, upon exhaustion of the administrative appeal or of the judicial review remedies as otherwise provided by law.(23)To the person appointed as the developmental services decisionmaker for a minor, dependent, or ward pursuant to Section 319, 361, or 726.(24)During the provision of emergency services and care, as defined in Section 1317.1 of the Health and Safety Code, the communication of patient information between a physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, emergency medical personnel at the scene of an emergency or in an emergency medical transport vehicle, or other professional person or emergency medical personnel at a health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.(25)To a business associate or for health care operations purposes, in accordance with Part 160 (commencing with Section 160.101) and Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations.(26)To authorized personnel who are employed by the California Victim Compensation Board for the purposes of verifying the identity and eligibility of individuals claiming compensation pursuant to the Forced or Involuntary Sterilization Compensation Program described in Chapter 1.6 (commencing with Section 24210) of Division 20 of the Health and Safety Code. The California Victim Compensation Board shall maintain the confidentiality of any information or records received from the department in accordance with Part 160 (commencing with Section 160.101) and Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations and this section. Public disclosure of aggregated claimant information or the annual report required under subdivision (b) of Section 24211 of the Health and Safety Code is not a violation of this section.(27)To the State Department of Health Care Services, the Mental Health Services Oversight and Accountability Commission, and entities charged with collecting data or publishing the reports pursuant to Section 5402, only if the information and records shared conform to the requirements specified in Section 5402, including the requirement to anonymize the data pursuant to subdivision (e) of Section 5402.(b)The amendment of paragraph (4) of subdivision (a) enacted at the 1970 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the preexisting law.(c)This section is not limited by Section 5150.05 or 5332.SEC. 7.SEC. 5. Section 5350 of the Welfare and Institutions Code is amended to read:5350. A conservator of the person, of the estate, or of the person and the estate may be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism.The procedure for establishing, administering, and terminating a conservatorship under this chapter shall be the same as that provided in Division 4 (commencing with Section 1400) of the Probate Code, except as follows:(a) A conservator may be appointed for a gravely disabled minor.(b) (1) Appointment of a conservator under this part, including the appointment of a conservator for a person who is gravely disabled, as defined in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, shall be subject to the list of priorities in Section 1812 of the Probate Code unless the officer providing conservatorship investigation recommends otherwise to the superior court.(2) In appointing a conservator, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008, the court shall consider the purposes of protection of the public and the treatment of the conservatee. Notwithstanding any other provision of this section, the court shall not appoint the proposed conservator if the court determines that appointment of the proposed conservator will not result in adequate protection of the public.(c) No conservatorship of the estate pursuant to this chapter shall be established if a conservatorship or guardianship of the estate exists under the Probate Code. When a gravely disabled person already has a guardian or conservator of the person appointed under the Probate Code, the proceedings under this chapter shall not terminate the prior proceedings but shall be concurrent with and superior thereto. The superior court may appoint the existing guardian or conservator of the person or another person as conservator of the person under this chapter.(d) (1) The person for whom conservatorship is sought shall have the right to demand a court or jury trial on the issue of whether the person is gravely disabled. Demand for court or jury trial shall be made within five days following the hearing on the conservatorship petition. If the proposed conservatee demands a court or jury trial before the date of the hearing as provided for in Section 5365, the demand shall constitute a waiver of the hearing.(2) Court or jury trial shall commence within 10 days of the date of the demand, except that the court shall continue the trial date for a period not to exceed 15 days upon the request of counsel for the proposed conservatee. Failure to commence the trial within that period of time is grounds for dismissal of the conservatorship proceedings.(3) This right shall also apply in subsequent proceedings to reestablish conservatorship.(e) (1) Notwithstanding subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, a person is not gravely disabled if that person can survive safely without involuntary detention with the help of responsible family, friends, or others who are both willing and able to help provide for the persons basic personal needs for food, clothing, or shelter.(2) However, unless they specifically indicate in writing their willingness and ability to help, family, friends, or others shall not be considered willing or able to provide this help.(3) The purpose of this subdivision is to avoid the necessity for, and the harmful effects of, requiring family, friends, and others to publicly state, and requiring the court to publicly find, that no one is willing or able to assist a person with a mental health disorder in providing for the persons basic needs for food, clothing, or shelter.(4) This subdivision does not apply to a person who is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008.(f) Conservatorship investigation shall be conducted pursuant to this part and shall not be subject to Section 1826 or Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code.(g) Notice of proceedings under this chapter shall be given to a guardian or conservator of the person or estate of the proposed conservatee appointed under the Probate Code.(h) As otherwise provided in this chapter.SEC. 8.SEC. 6. Section 5354 of the Welfare and Institutions Code is amended to read:5354. (a) The officer providing conservatorship investigation shall investigate all available alternatives to conservatorship and shall recommend conservatorship to the court only if no suitable alternatives are available. This officer shall render to the court a written report of investigation prior to the hearing. The report to the court shall be comprehensive and shall contain all relevant aspects of the persons medical, psychological, financial, family, vocational, and social condition, and information obtained from the persons family members, close friends, social worker, or principal therapist. The report shall also contain all available information concerning the persons real and personal property. The facilities providing intensive treatment or comprehensive evaluation shall disclose any records or information which may facilitate the investigation. If the officer providing conservatorship investigation recommends either for or against conservatorship, the officer shall set forth all alternatives available, including all less restrictive alternatives. A copy of the report shall be transmitted to the individual who originally recommended conservatorship, to the person or agency, if any, recommended to serve as conservator, and to the person recommended for conservatorship. The court may receive the report in evidence and may read and consider the contents thereof in rendering its judgment.(b) Notwithstanding Section 5328, when a court with jurisdiction over a person in a criminal case orders an evaluation of the persons mental condition pursuant to Section 5200, and that evaluation leads to a conservatorship investigation, the officer providing the conservatorship investigation shall serve a copy of the report required under subdivision (a) upon the defendant or the defendants counsel. Upon the prior written request of the defendant or the defendants counsel, the officer providing the conservatorship investigation shall also submit a copy of the report to the court hearing the criminal case, the district attorney, and the county probation department. The conservatorship investigation report and the information contained in that report, shall be kept confidential and shall not be further disclosed to anyone without the prior written consent of the defendant. After disposition of the criminal case, the court shall place all copies of the report in a sealed file, except as follows:(1) The defendant and the defendants counsel may retain their copy.(2) If the defendant is placed on probation status, the county probation department may retain a copy of the report for the purpose of supervision of the defendant until the probation is terminated, at which time the probation department shall return its copy of the report to the court for placement into the sealed file.SEC. 9.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 by January 1 of each year information concerning the operation of this division from the previous fiscal year. The department shall provide a copy of the report by January 1 of each year to the Senate and Assembly Committees on Health and Judiciary and to the Mental Health Services Oversight and Accountability Commission. The report shall, at a minimum, include all of the following information:(1)The number of persons, and the number of instances in which a person was, detained for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment; the reason for the 72-hour evaluation and treatment, as recorded on the form specified in subdivision (i) of Section 5150; the number of 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; the number of persons for whom, and the number of instances in which, temporary conservatorships are established; the number of persons for whom, and the number of instances in which, conservatorships are established.(2)The number and outcomes of all of the following: certification review hearings held pursuant to Section 5256; petitions for writs of habeas corpus filed pursuant to Section 5275; judicial review hearings held pursuant to Section 5276; petitions for capacity hearings filed pursuant to Section 5332; and capacity hearings held pursuant to Section 5334 in each superior court.(3)Whether a person reported in paragraph (1) has private health insurance, Medicare, Medi-Cal, differentiating between Medi-Cal managed care or Medi-Cal mental health, or is uninsured.(4)The number of persons detained either once, between two and five times, between six and eight times, and greater than eight times for each type of detention, including 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment.(5)The number of persons detained, and the number of instances in which an individual was detained, pursuant to Section 5150 for longer than 72 hours, beginning at the time when the person is first detained.(6)Statistics on where each person was placed immediately following the termination of each instance in which a person was detained 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. 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.(7)An analysis stratifying the data reported in paragraphs (1) to (6), inclusive, by county, and, if known, race, ethnicity, gender identity, age group, veteran status, housing status, and Medi-Cal enrollment status.(8)For any information required pursuant to paragraphs (1) to (7), inclusive, that is not included in the report, an explanation of why that information is not provided, including whether the unreported information is due to unreported data from a local mental health director or the departments deidentification guidelines.(b)(1)Each facility designated by the county for treatment and evaluation that detains, or provides services to, persons pursuant to this division shall, on a quarterly basis with the final quarterly report occurring no later than August 1 of each year, provide the local mental health director of the county in which they operate with any information, records, and reports from the previous quarter that the department deems necessary for the purposes of this section.(2)Each professional person designated by the county for the purpose of assessment or evaluation pursuant to this division shall, on a quarterly basis with the final quarterly report occurring no later than August 1 of each year, provide the local mental health director of the county in which they operate with any information, records, and reports of assessments conducted in nondesignated facilities from the previous quarter that the department deems necessary for the purposes of this section.(c)A local mental health director may, after notice and an opportunity for comment, revoke the designation status under this division of an individual or facility due to noncompliance with subdivision (b).(d)Each local mental health director shall provide the department, on a quarterly basis with the final quarterly report occurring no later than October 1 of each year, with any information, records, and reports from the previous quarter that the department deems necessary for the purposes of this section. The department shall not have access to any patient name identifiers.(e)The State Department of Health Care Services may establish a system that encourages full reporting of information for the imposition of civil sanctions against counties which are in violation of subdivision (d) provided the system has due process protections for the counties. If the State Department of Health Care Services determines that there is or has been a substantial failure on the part of a local mental health director to comply with subdivision (d), the Director of Health Care Services may impose sanctions, which shall first require a corrective action plan and which may lead to a fine not to exceed five thousand dollars ($5,000) for each violation.(f)The Judicial Council shall provide the department, by October 1 of each year, with data from each superior court the department deems necessary to complete the report described in this section, including providing the number and outcomes of certification review hearings held pursuant to Section 5256, petitions for writs of habeas corpus filed pursuant to Section 5275, judicial review hearings held pursuant to Section 5276, petitions for capacity hearings filed pursuant to Section 5332, and capacity hearings held pursuant to Section 5334 in each superior court. The department shall not have access to any patient name identifiers.(g)Information published pursuant to this section shall not contain patient name identifiers or information that would otherwise allow an individual to link the published information to a specific person.(h)The department shall make the reports available to medical, legal, and other professional groups involved in the implementation of this division.(i)(1)The Mental Health Services Oversight and Accountability Commission shall, by May 1 of each year, publish and provide to the department, the counties, and the Senate and Assembly Committees on Health and Judiciary a report analyzing and evaluating the efficacy of the mental health assessments, detentions, treatments, and supportive services provided both under this part and subsequent to release, based on the report in subdivision (a).(2)The report shall include recommendations for improving mental health assessments, detentions, treatments, and supportive services provided both under this part and subsequent to release.(3)The report shall include an assessment of the disproportionate use of detentions and conservatorships on various groups, including an assessment of use by the race, ethnicity, gender identity, age group, veteran status, housing status, and Medi-Cal enrollment status of detained and conserved persons. This assessment shall evaluate disproportionate use at the county, regional, and state levels.(4)Beginning with the report due May 1, 2024, the report shall also include the progress that has been made on implementing recommendations from prior reports issued under this subdivision.(5)The Mental Health Services Oversight and Accountability Commission may, in preparing the report, consult with the various stakeholders involved with mental health issues under this part, including the department, the county departments of behavioral health, the hospitals, and groups that advocate on behalf of those with mental health disorders.(6)The Mental Health Services Oversight and Accountability Commission may contract with an independent entity with sufficient expertise in the area to assist with the preparation of the report required by this subdivision.(j)In order for the Mental Health Services Oversight and Accountability Commission to prepare the report required pursuant to subdivision (i), the State Department of Health Care Services shall securely submit electronic copies of the following to the Mental Health Services Oversight and Accountability Commission:(1)All complete, unredacted, and unsuppressed data, reports, and information on the implementation of this part gathered pursuant to subdivision (a).(2)Additional data, reports, and information that the Mental Health Services Oversight and Accountability Commission deems necessary to prepare the report required by subdivision (i).SEC. 10.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 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)).SEC. 11.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:
(a)The Legislature finds and declares the following:
(1)An informational hearing on the Lanterman-Petris-Short Act (LPS Act) held on December 15, 2021, by the Assembly Committees on Health and Judiciary revealed that there is a significant lack of information and data on the efficacy of the LPS Act in treating those with mental illness across the state.
(2)The state has expended billions of dollars to support and treat those with mental illness, but lacks data on the effectiveness of those investments and the efficacy of funded supports, services, and treatments.
(3)Better data from every county in the state and ongoing thorough analysis of that data are needed to properly oversee the LPS Act and determine what changes are necessary to best support, serve, and treat those suffering from mental illness.
(b)It is, therefore, the intent of the Legislature to enact legislation that would do all of the following:
(1)Obtain prompt and accurate data pertaining to the implementation of the LPS Act.
(2)Increase oversight and accountability over the implementation of the LPS Act through annual evaluations and enhanced data reporting requirements.
(3)Provide for sanctions only as an incentive to ensure the prompt and accurate reporting of data needed to properly oversee the LPS Act, with the hope that there is never a need for the imposition of sanctions.
SEC. 2.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 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 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, the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. This subdivision does not prevent a peace officer from delivering an individual to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision does not require a peace officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.(d) 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, 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 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 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 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 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 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 the person is first taken into custody under this section, shall be provided, by the person who takes 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 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 person shall be informed of this fact.(j) For each person admitted for evaluation and treatment, the facility shall keep with the 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.(k) A facility to which a person who is involuntarily detained pursuant to this section is transported shall notify the county patients rights advocate, as defined in Section 5500, if a person has not been released within 72 hours of the involuntary detention.
SEC. 2.SECTION 1. Section 5150 of the Welfare and Institutions Code is amended to read:
### SEC. 2.SECTION 1.
5150. (a) When a person, as a result of a mental health disorder, is a danger to others, or to 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 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, the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. This subdivision does not prevent a peace officer from delivering an individual to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision does not require a peace officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.(d) 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, 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 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 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 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 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 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 the person is first taken into custody under this section, shall be provided, by the person who takes 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 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 person shall be informed of this fact.(j) For each person admitted for evaluation and treatment, the facility shall keep with the 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.(k) A facility to which a person who is involuntarily detained pursuant to this section is transported shall notify the county patients rights advocate, as defined in Section 5500, if a person has not been released within 72 hours of the involuntary detention.
5150. (a) When a person, as a result of a mental health disorder, is a danger to others, or to 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 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, the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. This subdivision does not prevent a peace officer from delivering an individual to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision does not require a peace officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.(d) 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, 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 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 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 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 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 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 the person is first taken into custody under this section, shall be provided, by the person who takes 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 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 person shall be informed of this fact.(j) For each person admitted for evaluation and treatment, the facility shall keep with the 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.(k) A facility to which a person who is involuntarily detained pursuant to this section is transported shall notify the county patients rights advocate, as defined in Section 5500, if a person has not been released within 72 hours of the involuntary detention.
5150. (a) When a person, as a result of a mental health disorder, is a danger to others, or to 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 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, the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. This subdivision does not prevent a peace officer from delivering an individual to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision does not require a peace officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.(d) 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, 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 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 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 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 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 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 the person is first taken into custody under this section, shall be provided, by the person who takes 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 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 person shall be informed of this fact.(j) For each person admitted for evaluation and treatment, the facility shall keep with the 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.(k) A facility to which a person who is involuntarily detained pursuant to this section is transported shall notify the county patients rights advocate, as defined in Section 5500, if a person has not been released within 72 hours of the involuntary detention.
5150. (a) When a person, as a result of a mental health disorder, is a danger to others, or to 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 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, the person shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. This subdivision does not prevent a peace officer from delivering an individual to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision does not require a peace officer to perform any additional duties other than those specified in Sections 5150.1 and 5150.2.
(d) 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, 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 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 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 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 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 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 the person is first taken into custody under this section, shall be provided, by the person who takes 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 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 person shall be informed of this fact.
(j) For each person admitted for evaluation and treatment, the facility shall keep with the 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.
(k) A facility to which a person who is involuntarily detained pursuant to this section is transported shall notify the county patients rights advocate, as defined in Section 5500, if a person has not been released within 72 hours of the involuntary detention.
SEC. 3.SEC. 2. 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 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.SEC. 2. Section 5151 of the Welfare and Institutions Code is amended to read:
### SEC. 3.SEC. 2.
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 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 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 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 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.SEC. 3. 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 detained pursuant to Section 5150 and remains detained, a certification review hearing shall be held within seven days of the date on which the person was initially detained pursuant to Section 5150, unless judicial review has been requested as provided in Sections 5275 and 5276 or unless postponed by request of the person or their attorney or advocate.
SEC. 4.SEC. 3. Section 5256 of the Welfare and Institutions Code is amended to read:
### SEC. 4.SEC. 3.
5256. When a person is certified for intensive treatment pursuant to Sections 5250 and 5270.15, or has been detained pursuant to Section 5150 and remains detained, a certification review hearing shall be held within seven days of the date on which the person was initially detained pursuant to Section 5150, unless judicial review has been requested as provided in Sections 5275 and 5276 or unless postponed by request of the person or their attorney or advocate.
5256. When a person is certified for intensive treatment pursuant to Sections 5250 and 5270.15, or has been detained pursuant to Section 5150 and remains detained, a certification review hearing shall be held within seven days of the date on which the person was initially detained pursuant to Section 5150, unless judicial review has been requested as provided in Sections 5275 and 5276 or unless postponed by request of the person or their attorney or advocate.
5256. When a person is certified for intensive treatment pursuant to Sections 5250 and 5270.15, or has been detained pursuant to Section 5150 and remains detained, a certification review hearing shall be held within seven days of the date on which the person was initially detained pursuant to Section 5150, unless judicial review has been requested as provided in Sections 5275 and 5276 or unless postponed by request of the person or their attorney or advocate.
5256. When a person is certified for intensive treatment pursuant to Sections 5250 and 5270.15, or has been detained pursuant to Section 5150 and remains detained, a certification review hearing shall be held within seven days of the date on which the person was initially detained pursuant to Section 5150, unless judicial review has been requested as provided in Sections 5275 and 5276 or unless postponed by request of the person or their attorney or advocate.
SEC. 5.SEC. 4. Section 5275 of the Welfare and Institutions Code is amended to read:5275. Every person detained under this part shall have a right to a hearing by writ of habeas corpus for their release after they or any person acting on their behalf has made a request for release to either (a) the person delivering the copy of the notice of certification to the person certified at the time of the delivery, or (b) to any member of the treatment staff of the facility providing intensive treatment, at any time during treatment pursuant to this part.Any person delivering a copy of the certification notice or any member of the treatment staff to whom a request for release is made shall promptly provide the person making the request for their signature or mark a copy of the form set forth below. The person delivering the copy of the certification notice or the member of the treatment staff, as the case may be, shall fill in their own name and the date, and, if the person signs by mark, shall fill in the persons name, and shall then deliver the completed copy to the professional person in charge of the intensive treatment facility, or their designee, notifying them of the request. As soon as possible, the person notified shall inform the superior court for the county in which the facility is located of the request for release.Any person who intentionally violates this section is guilty of a misdemeanor.The form for a request for release shall be substantially as follows:(Name of the facility)___ day of ____ 19__I, ____ (member of the treatment staff, or person delivering the copy of the certification notice), have today received a request for the release of ____ (name of patient) from the undersigned patient on the patients own behalf or from the undersigned person on behalf of the patient. _____ _____ Signature or mark of patient making request for release _____ _____ Signature or mark of person making request on behalf of patient
SEC. 5.SEC. 4. Section 5275 of the Welfare and Institutions Code is amended to read:
### SEC. 5.SEC. 4.
5275. Every person detained under this part shall have a right to a hearing by writ of habeas corpus for their release after they or any person acting on their behalf has made a request for release to either (a) the person delivering the copy of the notice of certification to the person certified at the time of the delivery, or (b) to any member of the treatment staff of the facility providing intensive treatment, at any time during treatment pursuant to this part.Any person delivering a copy of the certification notice or any member of the treatment staff to whom a request for release is made shall promptly provide the person making the request for their signature or mark a copy of the form set forth below. The person delivering the copy of the certification notice or the member of the treatment staff, as the case may be, shall fill in their own name and the date, and, if the person signs by mark, shall fill in the persons name, and shall then deliver the completed copy to the professional person in charge of the intensive treatment facility, or their designee, notifying them of the request. As soon as possible, the person notified shall inform the superior court for the county in which the facility is located of the request for release.Any person who intentionally violates this section is guilty of a misdemeanor.The form for a request for release shall be substantially as follows:(Name of the facility)___ day of ____ 19__I, ____ (member of the treatment staff, or person delivering the copy of the certification notice), have today received a request for the release of ____ (name of patient) from the undersigned patient on the patients own behalf or from the undersigned person on behalf of the patient. _____ _____ Signature or mark of patient making request for release _____ _____ Signature or mark of person making request on behalf of patient
5275. Every person detained under this part shall have a right to a hearing by writ of habeas corpus for their release after they or any person acting on their behalf has made a request for release to either (a) the person delivering the copy of the notice of certification to the person certified at the time of the delivery, or (b) to any member of the treatment staff of the facility providing intensive treatment, at any time during treatment pursuant to this part.Any person delivering a copy of the certification notice or any member of the treatment staff to whom a request for release is made shall promptly provide the person making the request for their signature or mark a copy of the form set forth below. The person delivering the copy of the certification notice or the member of the treatment staff, as the case may be, shall fill in their own name and the date, and, if the person signs by mark, shall fill in the persons name, and shall then deliver the completed copy to the professional person in charge of the intensive treatment facility, or their designee, notifying them of the request. As soon as possible, the person notified shall inform the superior court for the county in which the facility is located of the request for release.Any person who intentionally violates this section is guilty of a misdemeanor.The form for a request for release shall be substantially as follows:(Name of the facility)___ day of ____ 19__I, ____ (member of the treatment staff, or person delivering the copy of the certification notice), have today received a request for the release of ____ (name of patient) from the undersigned patient on the patients own behalf or from the undersigned person on behalf of the patient. _____ _____ Signature or mark of patient making request for release _____ _____ Signature or mark of person making request on behalf of patient
5275. Every person detained under this part shall have a right to a hearing by writ of habeas corpus for their release after they or any person acting on their behalf has made a request for release to either (a) the person delivering the copy of the notice of certification to the person certified at the time of the delivery, or (b) to any member of the treatment staff of the facility providing intensive treatment, at any time during treatment pursuant to this part.Any person delivering a copy of the certification notice or any member of the treatment staff to whom a request for release is made shall promptly provide the person making the request for their signature or mark a copy of the form set forth below. The person delivering the copy of the certification notice or the member of the treatment staff, as the case may be, shall fill in their own name and the date, and, if the person signs by mark, shall fill in the persons name, and shall then deliver the completed copy to the professional person in charge of the intensive treatment facility, or their designee, notifying them of the request. As soon as possible, the person notified shall inform the superior court for the county in which the facility is located of the request for release.Any person who intentionally violates this section is guilty of a misdemeanor.The form for a request for release shall be substantially as follows:(Name of the facility)___ day of ____ 19__I, ____ (member of the treatment staff, or person delivering the copy of the certification notice), have today received a request for the release of ____ (name of patient) from the undersigned patient on the patients own behalf or from the undersigned person on behalf of the patient. _____ _____ Signature or mark of patient making request for release _____ _____ Signature or mark of person making request on behalf of patient
5275. Every person detained under this part shall have a right to a hearing by writ of habeas corpus for their release after they or any person acting on their behalf has made a request for release to either (a) the person delivering the copy of the notice of certification to the person certified at the time of the delivery, or (b) to any member of the treatment staff of the facility providing intensive treatment, at any time during treatment pursuant to this part.
Any person delivering a copy of the certification notice or any member of the treatment staff to whom a request for release is made shall promptly provide the person making the request for their signature or mark a copy of the form set forth below. The person delivering the copy of the certification notice or the member of the treatment staff, as the case may be, shall fill in their own name and the date, and, if the person signs by mark, shall fill in the persons name, and shall then deliver the completed copy to the professional person in charge of the intensive treatment facility, or their designee, notifying them of the request. As soon as possible, the person notified shall inform the superior court for the county in which the facility is located of the request for release.
Any person who intentionally violates this section is guilty of a misdemeanor.
The form for a request for release shall be substantially as follows:
(Name of the facility)___ day of ____ 19__
I, ____ (member of the treatment staff, or person delivering the copy of the certification notice), have today received a request for the release of ____ (name of patient) from the undersigned patient on the patients own behalf or from the undersigned person on behalf of the patient.
_____
_____ Signature or mark of patient making request for release
_____
_____ Signature or mark of person making request on behalf of patient
_____
_____
Signature or mark of patient making request for release
_____
_____
Signature or mark of person making request on behalf of patient
(a)All information and records obtained in the course of providing services under Division 4 (commencing with Section 4000), Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 5 (commencing with Section 5000), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100), to either voluntary or involuntary recipients of services are confidential. Information and records obtained in the course of providing similar services to either voluntary or involuntary recipients before 1969 are also confidential. Information and records shall be disclosed only in any of the following cases:
(1)In communications between qualified professional persons in the provision of services or appropriate referrals, or in the course of conservatorship proceedings. The consent of the patient, or the patients guardian or conservator, shall be obtained before information or records may be disclosed by a professional person employed by a facility to a professional person not employed by the facility who does not have the medical or psychological responsibility for the patients care.
(2)If the patient, with the approval of the physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, or licensed professional clinical counselor, who is in charge of the patient, designates persons to whom information or records may be released, except that this article does not compel a physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information that has been given to the person in confidence by members of a patients family. This paragraph does not authorize a licensed marriage and family therapist or licensed professional clinical counselor to provide services or to be in charge of a patients care beyond the therapists or counselors lawful scope of practice.
(3)To the extent necessary for a recipient to make a claim, or for a claim to be made on behalf of a recipient for aid, insurance, or medical assistance to which the recipient may be entitled.
(4)If the recipient of services is a minor, ward, dependent, or conservatee, and the recipients parent, guardian, guardian ad litem, conservator, or authorized representative designates, in writing, persons to whom records or information may be disclosed, except that this article does not compel a physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information that has been given to the person in confidence by members of a patients family.
(5)For research, provided that the Director of Health Care Services, the Director of State Hospitals, the Director of Social Services, or the Director of Developmental Services designates by regulation, rules for the conduct of research and requires the research to be first reviewed by the appropriate institutional review board or boards. The rules shall include, but need not be limited to, the requirement that all researchers shall sign an oath of confidentiality as follows:
Date
Date
As a condition of doing research concerning persons who have received services from ____ (fill in the facility, agency, or person), I, ____, agree to obtain the prior informed consent of those persons who have received services to the maximum degree possible as determined by the appropriate institutional review board or boards for protection of human subjects reviewing my research, and I further agree not to divulge any information obtained in the course of that research to unauthorized persons, and not to publish or otherwise make public any information regarding persons who have received services such that the person who received services is identifiable.
I recognize that the unauthorized release of confidential information may make me subject to a civil action under provisions of the Welfare and Institutions Code.
(6)To the courts, as necessary to the administration of justice.
(7)To governmental law enforcement agencies as needed for the protection of federal and state elective constitutional officers and their families.
(8)To the Senate Committee on Rules or the Assembly Committee on Rules for the purposes of legislative investigation authorized by the committee.
(9)If the recipient of services who applies for life or disability insurance designates in writing the insurer to which records or information may be disclosed.
(10)To the attorney for the patient in any and all proceedings upon presentation of a release of information signed by the patient, except that when the patient is unable to sign the release, the staff of the facility, upon satisfying itself of the identity of the attorney, and of the fact that the attorney does represent the interests of the patient, may release all information and records relating to the patient, except that this article does not compel a physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information that has been given to the person in confidence by members of a patients family.
(11)Upon written agreement by a person previously confined in or otherwise treated by a facility, the professional person in charge of the facility or the professional persons designee may release any information, except information that has been given in confidence by members of the persons family, requested by a probation officer charged with the evaluation of the person after the persons conviction of a crime if the professional person in charge of the facility determines that the information is relevant to the evaluation. The agreement shall only be operative until sentence is passed on the crime of which the person was convicted. The confidential information released pursuant to this paragraph shall be transmitted to the court separately from the probation report and shall not be placed in the probation report. The confidential information shall remain confidential except for purposes of sentencing. After sentencing, the confidential information shall be sealed.
(12)(A)Between persons who are trained and qualified to serve on multidisciplinary personnel teams pursuant to subdivision (d) of Section 18951. The information and records sought to be disclosed shall be relevant to the provision of child welfare services or the investigation, prevention, identification, management, or treatment of child abuse or neglect pursuant to Chapter 11 (commencing with Section 18950) of Part 6 of Division 9. Information obtained pursuant to this paragraph shall not be used in any criminal or delinquency proceeding. This paragraph does not prohibit evidence identical to that contained within the records from being admissible in a criminal or delinquency proceeding, if the evidence is derived solely from means other than this paragraph, as permitted by law.
(B)As used in this paragraph, child welfare services means those services that are directed at preventing child abuse or neglect.
(13)To county patients rights advocates who have been given knowing voluntary authorization by a client or a guardian ad litem. The client or guardian ad litem, whoever entered into the agreement, may revoke the authorization at any time, either in writing or by oral declaration to an approved advocate.
(14)To a committee established in compliance with Section 14725.
(15)In providing information as described in Section 7325.5. This paragraph does not permit the release of any information other than that described in Section 7325.5.
(16)To the county behavioral health director or the directors designee, or to a law enforcement officer, or to the person designated by a law enforcement agency, pursuant to Sections 5152.1 and 5250.1.
(17)If the patient gives consent, information specifically pertaining to the existence of genetically handicapping conditions, as defined in Section 125135 of the Health and Safety Code, may be released to qualified professional persons for purposes of genetic counseling for blood relatives upon request of the blood relative. For purposes of this paragraph, qualified professional persons means those persons with the qualifications necessary to carry out the genetic counseling duties under this paragraph as determined by the genetic disease unit established in the State Department of Health Care Services under Section 125000 of the Health and Safety Code. If the patient does not respond or cannot respond to a request for permission to release information pursuant to this paragraph after reasonable attempts have been made over a two-week period to get a response, the information may be released upon request of the blood relative.
(18)If the patient, in the opinion of the patients psychotherapist, presents a serious danger of violence to a reasonably foreseeable victim or victims, then any of the information or records specified in this section may be released to that person or persons and to law enforcement agencies and county child welfare agencies as the psychotherapist determines is needed for the protection of that person or persons. For purposes of this paragraph, psychotherapist has the same meaning as provided in Section 1010 of the Evidence Code.
(19)(A)To the designated officer of an emergency response employee, and from that designated officer to an emergency response employee regarding possible exposure to HIV or AIDS, but only to the extent necessary to comply with the federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (Public Law 101-381; 42 U.S.C. Sec. 201).
(B)For purposes of this paragraph, designated officer and emergency response employee have the same meaning as these terms are used in the federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (Public Law 101-381; 42 U.S.C. Sec. 201).
(C)The designated officer shall be subject to the confidentiality requirements specified in Section 120980 of the Health and Safety Code, and may be personally liable for unauthorized release of any identifying information about the HIV results. Further, the designated officer shall inform the exposed emergency response employee that the employee is also subject to the confidentiality requirements specified in Section 120980 of the Health and Safety Code, and may be personally liable for unauthorized release of any identifying information about the HIV test results.
(20)(A)To a law enforcement officer who personally lodges with a facility, as defined in subparagraph (B), a warrant of arrest or an abstract of a warrant showing that the person sought is wanted for a serious felony, as defined in Section 1192.7 of the Penal Code, or a violent felony, as defined in Section 667.5 of the Penal Code. The information sought and released shall be limited to whether or not the person named in the arrest warrant is presently confined in the facility. This subparagraph shall be implemented with minimum disruption to health facility operations and patients, in accordance with Section 5212. If the law enforcement officer is informed that the person named in the warrant is confined in the facility, the officer may not enter the facility to arrest the person without obtaining a valid search warrant or the permission of staff of the facility.
(B)For purposes of subparagraph (A), a facility means all of the following:
(i)A state hospital, as defined in Section 4001.
(ii)A general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, solely with regard to information pertaining to a person with mental illness subject to this section.
(iii)An acute psychiatric hospital, as defined in subdivision (b) of Section 1250 of the Health and Safety Code.
(iv)A psychiatric health facility, as described in Section 1250.2 of the Health and Safety Code.
(v)A mental health rehabilitation center, as described in Section 5675.
(vi)A skilled nursing facility with a special treatment program for individuals with mental illness, as described in Sections 51335 and 72445 to 72475, inclusive, of Title 22 of the California Code of Regulations.
(21)Between persons who are trained and qualified to serve on multidisciplinary personnel teams pursuant to Section 15610.55. The information and records sought to be disclosed shall be relevant to the prevention, identification, management, or treatment of an abused elder or dependent adult pursuant to Chapter 13 (commencing with Section 15750) of Part 3 of Division 9.
(22)(A)When an employee is served with a notice of adverse action, as defined in Section 19570 of the Government Code, all of the following information and records may be released:
(i)All information and records that the appointing authority relied upon in issuing the notice of adverse action.
(ii)All other information and records that are relevant to the adverse action, or that would constitute relevant evidence as defined in Section 210 of the Evidence Code.
(iii)The information described in clauses (i) and (ii) may be released only if both of the following conditions are met:
(I)The appointing authority has provided written notice to the consumer and the consumers legal representative or, if the consumer has no legal representative or if the legal representative is a state agency, to the clients rights advocate, and the consumer, the consumers legal representative, or the clients rights advocate has not objected in writing to the appointing authority within five business days of receipt of the notice, or the appointing authority, upon review of the objection, has determined that the circumstances on which the adverse action is based are egregious or threaten the health, safety, or life of the consumer or other consumers and without the information the adverse action could not be taken.
(II)The appointing authority, the person against whom the adverse action has been taken, and the persons representative, if any, have entered into a stipulation that does all of the following:
(ia)Prohibits the parties from disclosing or using the information or records for any purpose other than the proceedings for which the information or records were requested or provided.
(ib)Requires the employee and the employees legal representative to return to the appointing authority all records provided to them under this paragraph, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents or copies thereof that are no longer in the possession of the employee or the employees legal representative because they were submitted to the administrative tribunal as a component of an appeal from the adverse action.
(ic)Requires the parties to submit the stipulation to the administrative tribunal with jurisdiction over the adverse action at the earliest possible opportunity.
(B)For purposes of this paragraph, the State Personnel Board may, before any appeal from adverse action being filed with it, issue a protective order, upon application by the appointing authority, for the limited purpose of prohibiting the parties from disclosing or using information or records for any purpose other than the proceeding for which the information or records were requested or provided, and to require the employee or the employees legal representative to return to the appointing authority all records provided to them under this paragraph, including, but not limited to, all records and documents from any source containing confidential information protected by this section, and all copies of those records and documents, within 10 days of the date that the adverse action becomes final, except for the actual records and documents or copies thereof that are no longer in the possession of the employee or the employees legal representatives because they were submitted to the administrative tribunal as a component of an appeal from the adverse action.
(C)Individual identifiers, including, but not limited to, names, social security numbers, and hospital numbers, that are not necessary for the prosecution or defense of the adverse action, shall not be disclosed.
(D)All records, documents, or other materials containing confidential information protected by this section that have been submitted or otherwise disclosed to the administrative agency or other person as a component of an appeal from an adverse action shall, upon proper motion by the appointing authority to the administrative tribunal, be placed under administrative seal and shall not, thereafter, be subject to disclosure to any person or entity except upon the issuance of an order of a court of competent jurisdiction.
(E)For purposes of this paragraph, an adverse action becomes final when the employee fails to answer within the time specified in Section 19575 of the Government Code, or, after filing an answer, withdraws the appeal, or, upon exhaustion of the administrative appeal or of the judicial review remedies as otherwise provided by law.
(23)To the person appointed as the developmental services decisionmaker for a minor, dependent, or ward pursuant to Section 319, 361, or 726.
(24)During the provision of emergency services and care, as defined in Section 1317.1 of the Health and Safety Code, the communication of patient information between a physician and surgeon, licensed psychologist, social worker with a masters degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, emergency medical personnel at the scene of an emergency or in an emergency medical transport vehicle, or other professional person or emergency medical personnel at a health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
(25)To a business associate or for health care operations purposes, in accordance with Part 160 (commencing with Section 160.101) and Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations.
(26)To authorized personnel who are employed by the California Victim Compensation Board for the purposes of verifying the identity and eligibility of individuals claiming compensation pursuant to the Forced or Involuntary Sterilization Compensation Program described in Chapter 1.6 (commencing with Section 24210) of Division 20 of the Health and Safety Code. The California Victim Compensation Board shall maintain the confidentiality of any information or records received from the department in accordance with Part 160 (commencing with Section 160.101) and Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations and this section. Public disclosure of aggregated claimant information or the annual report required under subdivision (b) of Section 24211 of the Health and Safety Code is not a violation of this section.
(27)To the State Department of Health Care Services, the Mental Health Services Oversight and Accountability Commission, and entities charged with collecting data or publishing the reports pursuant to Section 5402, only if the information and records shared conform to the requirements specified in Section 5402, including the requirement to anonymize the data pursuant to subdivision (e) of Section 5402.
(b)The amendment of paragraph (4) of subdivision (a) enacted at the 1970 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the preexisting law.
(c)This section is not limited by Section 5150.05 or 5332.
SEC. 7.SEC. 5. Section 5350 of the Welfare and Institutions Code is amended to read:5350. A conservator of the person, of the estate, or of the person and the estate may be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism.The procedure for establishing, administering, and terminating a conservatorship under this chapter shall be the same as that provided in Division 4 (commencing with Section 1400) of the Probate Code, except as follows:(a) A conservator may be appointed for a gravely disabled minor.(b) (1) Appointment of a conservator under this part, including the appointment of a conservator for a person who is gravely disabled, as defined in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, shall be subject to the list of priorities in Section 1812 of the Probate Code unless the officer providing conservatorship investigation recommends otherwise to the superior court.(2) In appointing a conservator, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008, the court shall consider the purposes of protection of the public and the treatment of the conservatee. Notwithstanding any other provision of this section, the court shall not appoint the proposed conservator if the court determines that appointment of the proposed conservator will not result in adequate protection of the public.(c) No conservatorship of the estate pursuant to this chapter shall be established if a conservatorship or guardianship of the estate exists under the Probate Code. When a gravely disabled person already has a guardian or conservator of the person appointed under the Probate Code, the proceedings under this chapter shall not terminate the prior proceedings but shall be concurrent with and superior thereto. The superior court may appoint the existing guardian or conservator of the person or another person as conservator of the person under this chapter.(d) (1) The person for whom conservatorship is sought shall have the right to demand a court or jury trial on the issue of whether the person is gravely disabled. Demand for court or jury trial shall be made within five days following the hearing on the conservatorship petition. If the proposed conservatee demands a court or jury trial before the date of the hearing as provided for in Section 5365, the demand shall constitute a waiver of the hearing.(2) Court or jury trial shall commence within 10 days of the date of the demand, except that the court shall continue the trial date for a period not to exceed 15 days upon the request of counsel for the proposed conservatee. Failure to commence the trial within that period of time is grounds for dismissal of the conservatorship proceedings.(3) This right shall also apply in subsequent proceedings to reestablish conservatorship.(e) (1) Notwithstanding subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, a person is not gravely disabled if that person can survive safely without involuntary detention with the help of responsible family, friends, or others who are both willing and able to help provide for the persons basic personal needs for food, clothing, or shelter.(2) However, unless they specifically indicate in writing their willingness and ability to help, family, friends, or others shall not be considered willing or able to provide this help.(3) The purpose of this subdivision is to avoid the necessity for, and the harmful effects of, requiring family, friends, and others to publicly state, and requiring the court to publicly find, that no one is willing or able to assist a person with a mental health disorder in providing for the persons basic needs for food, clothing, or shelter.(4) This subdivision does not apply to a person who is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008.(f) Conservatorship investigation shall be conducted pursuant to this part and shall not be subject to Section 1826 or Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code.(g) Notice of proceedings under this chapter shall be given to a guardian or conservator of the person or estate of the proposed conservatee appointed under the Probate Code.(h) As otherwise provided in this chapter.
SEC. 7.SEC. 5. Section 5350 of the Welfare and Institutions Code is amended to read:
### SEC. 7.SEC. 5.
5350. A conservator of the person, of the estate, or of the person and the estate may be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism.The procedure for establishing, administering, and terminating a conservatorship under this chapter shall be the same as that provided in Division 4 (commencing with Section 1400) of the Probate Code, except as follows:(a) A conservator may be appointed for a gravely disabled minor.(b) (1) Appointment of a conservator under this part, including the appointment of a conservator for a person who is gravely disabled, as defined in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, shall be subject to the list of priorities in Section 1812 of the Probate Code unless the officer providing conservatorship investigation recommends otherwise to the superior court.(2) In appointing a conservator, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008, the court shall consider the purposes of protection of the public and the treatment of the conservatee. Notwithstanding any other provision of this section, the court shall not appoint the proposed conservator if the court determines that appointment of the proposed conservator will not result in adequate protection of the public.(c) No conservatorship of the estate pursuant to this chapter shall be established if a conservatorship or guardianship of the estate exists under the Probate Code. When a gravely disabled person already has a guardian or conservator of the person appointed under the Probate Code, the proceedings under this chapter shall not terminate the prior proceedings but shall be concurrent with and superior thereto. The superior court may appoint the existing guardian or conservator of the person or another person as conservator of the person under this chapter.(d) (1) The person for whom conservatorship is sought shall have the right to demand a court or jury trial on the issue of whether the person is gravely disabled. Demand for court or jury trial shall be made within five days following the hearing on the conservatorship petition. If the proposed conservatee demands a court or jury trial before the date of the hearing as provided for in Section 5365, the demand shall constitute a waiver of the hearing.(2) Court or jury trial shall commence within 10 days of the date of the demand, except that the court shall continue the trial date for a period not to exceed 15 days upon the request of counsel for the proposed conservatee. Failure to commence the trial within that period of time is grounds for dismissal of the conservatorship proceedings.(3) This right shall also apply in subsequent proceedings to reestablish conservatorship.(e) (1) Notwithstanding subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, a person is not gravely disabled if that person can survive safely without involuntary detention with the help of responsible family, friends, or others who are both willing and able to help provide for the persons basic personal needs for food, clothing, or shelter.(2) However, unless they specifically indicate in writing their willingness and ability to help, family, friends, or others shall not be considered willing or able to provide this help.(3) The purpose of this subdivision is to avoid the necessity for, and the harmful effects of, requiring family, friends, and others to publicly state, and requiring the court to publicly find, that no one is willing or able to assist a person with a mental health disorder in providing for the persons basic needs for food, clothing, or shelter.(4) This subdivision does not apply to a person who is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008.(f) Conservatorship investigation shall be conducted pursuant to this part and shall not be subject to Section 1826 or Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code.(g) Notice of proceedings under this chapter shall be given to a guardian or conservator of the person or estate of the proposed conservatee appointed under the Probate Code.(h) As otherwise provided in this chapter.
5350. A conservator of the person, of the estate, or of the person and the estate may be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism.The procedure for establishing, administering, and terminating a conservatorship under this chapter shall be the same as that provided in Division 4 (commencing with Section 1400) of the Probate Code, except as follows:(a) A conservator may be appointed for a gravely disabled minor.(b) (1) Appointment of a conservator under this part, including the appointment of a conservator for a person who is gravely disabled, as defined in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, shall be subject to the list of priorities in Section 1812 of the Probate Code unless the officer providing conservatorship investigation recommends otherwise to the superior court.(2) In appointing a conservator, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008, the court shall consider the purposes of protection of the public and the treatment of the conservatee. Notwithstanding any other provision of this section, the court shall not appoint the proposed conservator if the court determines that appointment of the proposed conservator will not result in adequate protection of the public.(c) No conservatorship of the estate pursuant to this chapter shall be established if a conservatorship or guardianship of the estate exists under the Probate Code. When a gravely disabled person already has a guardian or conservator of the person appointed under the Probate Code, the proceedings under this chapter shall not terminate the prior proceedings but shall be concurrent with and superior thereto. The superior court may appoint the existing guardian or conservator of the person or another person as conservator of the person under this chapter.(d) (1) The person for whom conservatorship is sought shall have the right to demand a court or jury trial on the issue of whether the person is gravely disabled. Demand for court or jury trial shall be made within five days following the hearing on the conservatorship petition. If the proposed conservatee demands a court or jury trial before the date of the hearing as provided for in Section 5365, the demand shall constitute a waiver of the hearing.(2) Court or jury trial shall commence within 10 days of the date of the demand, except that the court shall continue the trial date for a period not to exceed 15 days upon the request of counsel for the proposed conservatee. Failure to commence the trial within that period of time is grounds for dismissal of the conservatorship proceedings.(3) This right shall also apply in subsequent proceedings to reestablish conservatorship.(e) (1) Notwithstanding subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, a person is not gravely disabled if that person can survive safely without involuntary detention with the help of responsible family, friends, or others who are both willing and able to help provide for the persons basic personal needs for food, clothing, or shelter.(2) However, unless they specifically indicate in writing their willingness and ability to help, family, friends, or others shall not be considered willing or able to provide this help.(3) The purpose of this subdivision is to avoid the necessity for, and the harmful effects of, requiring family, friends, and others to publicly state, and requiring the court to publicly find, that no one is willing or able to assist a person with a mental health disorder in providing for the persons basic needs for food, clothing, or shelter.(4) This subdivision does not apply to a person who is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008.(f) Conservatorship investigation shall be conducted pursuant to this part and shall not be subject to Section 1826 or Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code.(g) Notice of proceedings under this chapter shall be given to a guardian or conservator of the person or estate of the proposed conservatee appointed under the Probate Code.(h) As otherwise provided in this chapter.
5350. A conservator of the person, of the estate, or of the person and the estate may be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism.The procedure for establishing, administering, and terminating a conservatorship under this chapter shall be the same as that provided in Division 4 (commencing with Section 1400) of the Probate Code, except as follows:(a) A conservator may be appointed for a gravely disabled minor.(b) (1) Appointment of a conservator under this part, including the appointment of a conservator for a person who is gravely disabled, as defined in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, shall be subject to the list of priorities in Section 1812 of the Probate Code unless the officer providing conservatorship investigation recommends otherwise to the superior court.(2) In appointing a conservator, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008, the court shall consider the purposes of protection of the public and the treatment of the conservatee. Notwithstanding any other provision of this section, the court shall not appoint the proposed conservator if the court determines that appointment of the proposed conservator will not result in adequate protection of the public.(c) No conservatorship of the estate pursuant to this chapter shall be established if a conservatorship or guardianship of the estate exists under the Probate Code. When a gravely disabled person already has a guardian or conservator of the person appointed under the Probate Code, the proceedings under this chapter shall not terminate the prior proceedings but shall be concurrent with and superior thereto. The superior court may appoint the existing guardian or conservator of the person or another person as conservator of the person under this chapter.(d) (1) The person for whom conservatorship is sought shall have the right to demand a court or jury trial on the issue of whether the person is gravely disabled. Demand for court or jury trial shall be made within five days following the hearing on the conservatorship petition. If the proposed conservatee demands a court or jury trial before the date of the hearing as provided for in Section 5365, the demand shall constitute a waiver of the hearing.(2) Court or jury trial shall commence within 10 days of the date of the demand, except that the court shall continue the trial date for a period not to exceed 15 days upon the request of counsel for the proposed conservatee. Failure to commence the trial within that period of time is grounds for dismissal of the conservatorship proceedings.(3) This right shall also apply in subsequent proceedings to reestablish conservatorship.(e) (1) Notwithstanding subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, a person is not gravely disabled if that person can survive safely without involuntary detention with the help of responsible family, friends, or others who are both willing and able to help provide for the persons basic personal needs for food, clothing, or shelter.(2) However, unless they specifically indicate in writing their willingness and ability to help, family, friends, or others shall not be considered willing or able to provide this help.(3) The purpose of this subdivision is to avoid the necessity for, and the harmful effects of, requiring family, friends, and others to publicly state, and requiring the court to publicly find, that no one is willing or able to assist a person with a mental health disorder in providing for the persons basic needs for food, clothing, or shelter.(4) This subdivision does not apply to a person who is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008.(f) Conservatorship investigation shall be conducted pursuant to this part and shall not be subject to Section 1826 or Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code.(g) Notice of proceedings under this chapter shall be given to a guardian or conservator of the person or estate of the proposed conservatee appointed under the Probate Code.(h) As otherwise provided in this chapter.
5350. A conservator of the person, of the estate, or of the person and the estate may be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism.
The procedure for establishing, administering, and terminating a conservatorship under this chapter shall be the same as that provided in Division 4 (commencing with Section 1400) of the Probate Code, except as follows:
(a) A conservator may be appointed for a gravely disabled minor.
(b) (1) Appointment of a conservator under this part, including the appointment of a conservator for a person who is gravely disabled, as defined in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, shall be subject to the list of priorities in Section 1812 of the Probate Code unless the officer providing conservatorship investigation recommends otherwise to the superior court.
(2) In appointing a conservator, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008, the court shall consider the purposes of protection of the public and the treatment of the conservatee. Notwithstanding any other provision of this section, the court shall not appoint the proposed conservator if the court determines that appointment of the proposed conservator will not result in adequate protection of the public.
(c) No conservatorship of the estate pursuant to this chapter shall be established if a conservatorship or guardianship of the estate exists under the Probate Code. When a gravely disabled person already has a guardian or conservator of the person appointed under the Probate Code, the proceedings under this chapter shall not terminate the prior proceedings but shall be concurrent with and superior thereto. The superior court may appoint the existing guardian or conservator of the person or another person as conservator of the person under this chapter.
(d) (1) The person for whom conservatorship is sought shall have the right to demand a court or jury trial on the issue of whether the person is gravely disabled. Demand for court or jury trial shall be made within five days following the hearing on the conservatorship petition. If the proposed conservatee demands a court or jury trial before the date of the hearing as provided for in Section 5365, the demand shall constitute a waiver of the hearing.
(2) Court or jury trial shall commence within 10 days of the date of the demand, except that the court shall continue the trial date for a period not to exceed 15 days upon the request of counsel for the proposed conservatee. Failure to commence the trial within that period of time is grounds for dismissal of the conservatorship proceedings.
(3) This right shall also apply in subsequent proceedings to reestablish conservatorship.
(e) (1) Notwithstanding subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008, a person is not gravely disabled if that person can survive safely without involuntary detention with the help of responsible family, friends, or others who are both willing and able to help provide for the persons basic personal needs for food, clothing, or shelter.
(2) However, unless they specifically indicate in writing their willingness and ability to help, family, friends, or others shall not be considered willing or able to provide this help.
(3) The purpose of this subdivision is to avoid the necessity for, and the harmful effects of, requiring family, friends, and others to publicly state, and requiring the court to publicly find, that no one is willing or able to assist a person with a mental health disorder in providing for the persons basic needs for food, clothing, or shelter.
(4) This subdivision does not apply to a person who is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008.
(f) Conservatorship investigation shall be conducted pursuant to this part and shall not be subject to Section 1826 or Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of the Probate Code.
(g) Notice of proceedings under this chapter shall be given to a guardian or conservator of the person or estate of the proposed conservatee appointed under the Probate Code.
(h) As otherwise provided in this chapter.
SEC. 8.SEC. 6. Section 5354 of the Welfare and Institutions Code is amended to read:5354. (a) The officer providing conservatorship investigation shall investigate all available alternatives to conservatorship and shall recommend conservatorship to the court only if no suitable alternatives are available. This officer shall render to the court a written report of investigation prior to the hearing. The report to the court shall be comprehensive and shall contain all relevant aspects of the persons medical, psychological, financial, family, vocational, and social condition, and information obtained from the persons family members, close friends, social worker, or principal therapist. The report shall also contain all available information concerning the persons real and personal property. The facilities providing intensive treatment or comprehensive evaluation shall disclose any records or information which may facilitate the investigation. If the officer providing conservatorship investigation recommends either for or against conservatorship, the officer shall set forth all alternatives available, including all less restrictive alternatives. A copy of the report shall be transmitted to the individual who originally recommended conservatorship, to the person or agency, if any, recommended to serve as conservator, and to the person recommended for conservatorship. The court may receive the report in evidence and may read and consider the contents thereof in rendering its judgment.(b) Notwithstanding Section 5328, when a court with jurisdiction over a person in a criminal case orders an evaluation of the persons mental condition pursuant to Section 5200, and that evaluation leads to a conservatorship investigation, the officer providing the conservatorship investigation shall serve a copy of the report required under subdivision (a) upon the defendant or the defendants counsel. Upon the prior written request of the defendant or the defendants counsel, the officer providing the conservatorship investigation shall also submit a copy of the report to the court hearing the criminal case, the district attorney, and the county probation department. The conservatorship investigation report and the information contained in that report, shall be kept confidential and shall not be further disclosed to anyone without the prior written consent of the defendant. After disposition of the criminal case, the court shall place all copies of the report in a sealed file, except as follows:(1) The defendant and the defendants counsel may retain their copy.(2) If the defendant is placed on probation status, the county probation department may retain a copy of the report for the purpose of supervision of the defendant until the probation is terminated, at which time the probation department shall return its copy of the report to the court for placement into the sealed file.
SEC. 8.SEC. 6. Section 5354 of the Welfare and Institutions Code is amended to read:
### SEC. 8.SEC. 6.
5354. (a) The officer providing conservatorship investigation shall investigate all available alternatives to conservatorship and shall recommend conservatorship to the court only if no suitable alternatives are available. This officer shall render to the court a written report of investigation prior to the hearing. The report to the court shall be comprehensive and shall contain all relevant aspects of the persons medical, psychological, financial, family, vocational, and social condition, and information obtained from the persons family members, close friends, social worker, or principal therapist. The report shall also contain all available information concerning the persons real and personal property. The facilities providing intensive treatment or comprehensive evaluation shall disclose any records or information which may facilitate the investigation. If the officer providing conservatorship investigation recommends either for or against conservatorship, the officer shall set forth all alternatives available, including all less restrictive alternatives. A copy of the report shall be transmitted to the individual who originally recommended conservatorship, to the person or agency, if any, recommended to serve as conservator, and to the person recommended for conservatorship. The court may receive the report in evidence and may read and consider the contents thereof in rendering its judgment.(b) Notwithstanding Section 5328, when a court with jurisdiction over a person in a criminal case orders an evaluation of the persons mental condition pursuant to Section 5200, and that evaluation leads to a conservatorship investigation, the officer providing the conservatorship investigation shall serve a copy of the report required under subdivision (a) upon the defendant or the defendants counsel. Upon the prior written request of the defendant or the defendants counsel, the officer providing the conservatorship investigation shall also submit a copy of the report to the court hearing the criminal case, the district attorney, and the county probation department. The conservatorship investigation report and the information contained in that report, shall be kept confidential and shall not be further disclosed to anyone without the prior written consent of the defendant. After disposition of the criminal case, the court shall place all copies of the report in a sealed file, except as follows:(1) The defendant and the defendants counsel may retain their copy.(2) If the defendant is placed on probation status, the county probation department may retain a copy of the report for the purpose of supervision of the defendant until the probation is terminated, at which time the probation department shall return its copy of the report to the court for placement into the sealed file.
5354. (a) The officer providing conservatorship investigation shall investigate all available alternatives to conservatorship and shall recommend conservatorship to the court only if no suitable alternatives are available. This officer shall render to the court a written report of investigation prior to the hearing. The report to the court shall be comprehensive and shall contain all relevant aspects of the persons medical, psychological, financial, family, vocational, and social condition, and information obtained from the persons family members, close friends, social worker, or principal therapist. The report shall also contain all available information concerning the persons real and personal property. The facilities providing intensive treatment or comprehensive evaluation shall disclose any records or information which may facilitate the investigation. If the officer providing conservatorship investigation recommends either for or against conservatorship, the officer shall set forth all alternatives available, including all less restrictive alternatives. A copy of the report shall be transmitted to the individual who originally recommended conservatorship, to the person or agency, if any, recommended to serve as conservator, and to the person recommended for conservatorship. The court may receive the report in evidence and may read and consider the contents thereof in rendering its judgment.(b) Notwithstanding Section 5328, when a court with jurisdiction over a person in a criminal case orders an evaluation of the persons mental condition pursuant to Section 5200, and that evaluation leads to a conservatorship investigation, the officer providing the conservatorship investigation shall serve a copy of the report required under subdivision (a) upon the defendant or the defendants counsel. Upon the prior written request of the defendant or the defendants counsel, the officer providing the conservatorship investigation shall also submit a copy of the report to the court hearing the criminal case, the district attorney, and the county probation department. The conservatorship investigation report and the information contained in that report, shall be kept confidential and shall not be further disclosed to anyone without the prior written consent of the defendant. After disposition of the criminal case, the court shall place all copies of the report in a sealed file, except as follows:(1) The defendant and the defendants counsel may retain their copy.(2) If the defendant is placed on probation status, the county probation department may retain a copy of the report for the purpose of supervision of the defendant until the probation is terminated, at which time the probation department shall return its copy of the report to the court for placement into the sealed file.
5354. (a) The officer providing conservatorship investigation shall investigate all available alternatives to conservatorship and shall recommend conservatorship to the court only if no suitable alternatives are available. This officer shall render to the court a written report of investigation prior to the hearing. The report to the court shall be comprehensive and shall contain all relevant aspects of the persons medical, psychological, financial, family, vocational, and social condition, and information obtained from the persons family members, close friends, social worker, or principal therapist. The report shall also contain all available information concerning the persons real and personal property. The facilities providing intensive treatment or comprehensive evaluation shall disclose any records or information which may facilitate the investigation. If the officer providing conservatorship investigation recommends either for or against conservatorship, the officer shall set forth all alternatives available, including all less restrictive alternatives. A copy of the report shall be transmitted to the individual who originally recommended conservatorship, to the person or agency, if any, recommended to serve as conservator, and to the person recommended for conservatorship. The court may receive the report in evidence and may read and consider the contents thereof in rendering its judgment.(b) Notwithstanding Section 5328, when a court with jurisdiction over a person in a criminal case orders an evaluation of the persons mental condition pursuant to Section 5200, and that evaluation leads to a conservatorship investigation, the officer providing the conservatorship investigation shall serve a copy of the report required under subdivision (a) upon the defendant or the defendants counsel. Upon the prior written request of the defendant or the defendants counsel, the officer providing the conservatorship investigation shall also submit a copy of the report to the court hearing the criminal case, the district attorney, and the county probation department. The conservatorship investigation report and the information contained in that report, shall be kept confidential and shall not be further disclosed to anyone without the prior written consent of the defendant. After disposition of the criminal case, the court shall place all copies of the report in a sealed file, except as follows:(1) The defendant and the defendants counsel may retain their copy.(2) If the defendant is placed on probation status, the county probation department may retain a copy of the report for the purpose of supervision of the defendant until the probation is terminated, at which time the probation department shall return its copy of the report to the court for placement into the sealed file.
5354. (a) The officer providing conservatorship investigation shall investigate all available alternatives to conservatorship and shall recommend conservatorship to the court only if no suitable alternatives are available. This officer shall render to the court a written report of investigation prior to the hearing. The report to the court shall be comprehensive and shall contain all relevant aspects of the persons medical, psychological, financial, family, vocational, and social condition, and information obtained from the persons family members, close friends, social worker, or principal therapist. The report shall also contain all available information concerning the persons real and personal property. The facilities providing intensive treatment or comprehensive evaluation shall disclose any records or information which may facilitate the investigation. If the officer providing conservatorship investigation recommends either for or against conservatorship, the officer shall set forth all alternatives available, including all less restrictive alternatives. A copy of the report shall be transmitted to the individual who originally recommended conservatorship, to the person or agency, if any, recommended to serve as conservator, and to the person recommended for conservatorship. The court may receive the report in evidence and may read and consider the contents thereof in rendering its judgment.
(b) Notwithstanding Section 5328, when a court with jurisdiction over a person in a criminal case orders an evaluation of the persons mental condition pursuant to Section 5200, and that evaluation leads to a conservatorship investigation, the officer providing the conservatorship investigation shall serve a copy of the report required under subdivision (a) upon the defendant or the defendants counsel. Upon the prior written request of the defendant or the defendants counsel, the officer providing the conservatorship investigation shall also submit a copy of the report to the court hearing the criminal case, the district attorney, and the county probation department. The conservatorship investigation report and the information contained in that report, shall be kept confidential and shall not be further disclosed to anyone without the prior written consent of the defendant. After disposition of the criminal case, the court shall place all copies of the report in a sealed file, except as follows:
(1) The defendant and the defendants counsel may retain their copy.
(2) If the defendant is placed on probation status, the county probation department may retain a copy of the report for the purpose of supervision of the defendant until the probation is terminated, at which time the probation department shall return its copy of the report to the court for placement into the sealed file.
(a)The State Department of Health Care Services shall collect and publish by January 1 of each year information concerning the operation of this division from the previous fiscal year. The department shall provide a copy of the report by January 1 of each year to the Senate and Assembly Committees on Health and Judiciary and to the Mental Health Services Oversight and Accountability Commission. The report shall, at a minimum, include all of the following information:
(1)The number of persons, and the number of instances in which a person was, detained for 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment; the reason for the 72-hour evaluation and treatment, as recorded on the form specified in subdivision (i) of Section 5150; the number of 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; the number of persons for whom, and the number of instances in which, temporary conservatorships are established; the number of persons for whom, and the number of instances in which, conservatorships are established.
(2)The number and outcomes of all of the following: certification review hearings held pursuant to Section 5256; petitions for writs of habeas corpus filed pursuant to Section 5275; judicial review hearings held pursuant to Section 5276; petitions for capacity hearings filed pursuant to Section 5332; and capacity hearings held pursuant to Section 5334 in each superior court.
(3)Whether a person reported in paragraph (1) has private health insurance, Medicare, Medi-Cal, differentiating between Medi-Cal managed care or Medi-Cal mental health, or is uninsured.
(4)The number of persons detained either once, between two and five times, between six and eight times, and greater than eight times for each type of detention, including 72-hour evaluation and treatment, 14-day and 30-day periods of intensive treatment, and 180-day postcertification intensive treatment.
(5)The number of persons detained, and the number of instances in which an individual was detained, pursuant to Section 5150 for longer than 72 hours, beginning at the time when the person is first detained.
(6)Statistics on where each person was placed immediately following the termination of each instance in which a person was detained 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. 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.
(7)An analysis stratifying the data reported in paragraphs (1) to (6), inclusive, by county, and, if known, race, ethnicity, gender identity, age group, veteran status, housing status, and Medi-Cal enrollment status.
(8)For any information required pursuant to paragraphs (1) to (7), inclusive, that is not included in the report, an explanation of why that information is not provided, including whether the unreported information is due to unreported data from a local mental health director or the departments deidentification guidelines.
(b)(1)Each facility designated by the county for treatment and evaluation that detains, or provides services to, persons pursuant to this division shall, on a quarterly basis with the final quarterly report occurring no later than August 1 of each year, provide the local mental health director of the county in which they operate with any information, records, and reports from the previous quarter that the department deems necessary for the purposes of this section.
(2)Each professional person designated by the county for the purpose of assessment or evaluation pursuant to this division shall, on a quarterly basis with the final quarterly report occurring no later than August 1 of each year, provide the local mental health director of the county in which they operate with any information, records, and reports of assessments conducted in nondesignated facilities from the previous quarter that the department deems necessary for the purposes of this section.
(c)A local mental health director may, after notice and an opportunity for comment, revoke the designation status under this division of an individual or facility due to noncompliance with subdivision (b).
(d)Each local mental health director shall provide the department, on a quarterly basis with the final quarterly report occurring no later than October 1 of each year, with any information, records, and reports from the previous quarter that the department deems necessary for the purposes of this section. The department shall not have access to any patient name identifiers.
(e)The State Department of Health Care Services may establish a system that encourages full reporting of information for the imposition of civil sanctions against counties which are in violation of subdivision (d) provided the system has due process protections for the counties. If the State Department of Health Care Services determines that there is or has been a substantial failure on the part of a local mental health director to comply with subdivision (d), the Director of Health Care Services may impose sanctions, which shall first require a corrective action plan and which may lead to a fine not to exceed five thousand dollars ($5,000) for each violation.
(f)The Judicial Council shall provide the department, by October 1 of each year, with data from each superior court the department deems necessary to complete the report described in this section, including providing the number and outcomes of certification review hearings held pursuant to Section 5256, petitions for writs of habeas corpus filed pursuant to Section 5275, judicial review hearings held pursuant to Section 5276, petitions for capacity hearings filed pursuant to Section 5332, and capacity hearings held pursuant to Section 5334 in each superior court. The department shall not have access to any patient name identifiers.
(g)Information published pursuant to this section shall not contain patient name identifiers or information that would otherwise allow an individual to link the published information to a specific person.
(h)The department shall make the reports available to medical, legal, and other professional groups involved in the implementation of this division.
(i)(1)The Mental Health Services Oversight and Accountability Commission shall, by May 1 of each year, publish and provide to the department, the counties, and the Senate and Assembly Committees on Health and Judiciary a report analyzing and evaluating the efficacy of the mental health assessments, detentions, treatments, and supportive services provided both under this part and subsequent to release, based on the report in subdivision (a).
(2)The report shall include recommendations for improving mental health assessments, detentions, treatments, and supportive services provided both under this part and subsequent to release.
(3)The report shall include an assessment of the disproportionate use of detentions and conservatorships on various groups, including an assessment of use by the race, ethnicity, gender identity, age group, veteran status, housing status, and Medi-Cal enrollment status of detained and conserved persons. This assessment shall evaluate disproportionate use at the county, regional, and state levels.
(4)Beginning with the report due May 1, 2024, the report shall also include the progress that has been made on implementing recommendations from prior reports issued under this subdivision.
(5)The Mental Health Services Oversight and Accountability Commission may, in preparing the report, consult with the various stakeholders involved with mental health issues under this part, including the department, the county departments of behavioral health, the hospitals, and groups that advocate on behalf of those with mental health disorders.
(6)The Mental Health Services Oversight and Accountability Commission may contract with an independent entity with sufficient expertise in the area to assist with the preparation of the report required by this subdivision.
(j)In order for the Mental Health Services Oversight and Accountability Commission to prepare the report required pursuant to subdivision (i), the State Department of Health Care Services shall securely submit electronic copies of the following to the Mental Health Services Oversight and Accountability Commission:
(1)All complete, unredacted, and unsuppressed data, reports, and information on the implementation of this part gathered pursuant to subdivision (a).
(2)Additional data, reports, and information that the Mental Health Services Oversight and Accountability Commission deems necessary to prepare the report required by subdivision (i).
SEC. 10.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 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)).
SEC. 10.SEC. 7. Section 5585.20 of the Welfare and Institutions Code is amended to read:
### SEC. 10.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 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)).
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 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)).
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 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)).
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 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)).
SEC. 11.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. 11.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. 11.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. 11.SEC. 8.