California 2021-2022 Regular Session

California Senate Bill SB1338

Introduced
2/18/22  
Introduced
2/18/22  
Refer
3/2/22  
Refer
3/2/22  
Refer
3/16/22  
Refer
3/16/22  
Refer
3/23/22  
Refer
3/23/22  
Refer
4/7/22  
Refer
4/7/22  
Refer
4/18/22  
Refer
4/18/22  
Refer
4/20/22  
Refer
4/20/22  
Report Pass
4/27/22  
Report Pass
4/27/22  
Refer
4/27/22  
Refer
4/27/22  
Report Pass
4/28/22  
Report Pass
4/28/22  
Refer
4/28/22  
Refer
4/28/22  
Report Pass
5/19/22  
Report Pass
5/19/22  
Engrossed
5/25/22  
Engrossed
5/25/22  
Refer
6/2/22  
Refer
6/2/22  
Refer
6/16/22  
Report Pass
6/21/22  
Report Pass
6/21/22  
Refer
6/21/22  
Refer
6/21/22  
Report Pass
6/29/22  
Report Pass
6/29/22  
Refer
6/30/22  
Refer
6/30/22  
Report Pass
8/11/22  
Enrolled
8/31/22  
Chaptered
9/14/22  
Chaptered
9/14/22  

Caption

Community Assistance, Recovery, and Empowerment (CARE) Court Program.

Impact

The passage of SB 1338 is expected to significantly influence the state's mental health laws by allowing new pathways for civil court involvement in mental health treatment, thus potentially reducing the burden on criminal justice systems. The bill mandates that counties initiate their CARE programs by stipulated deadlines, creating an obligation for local governments to facilitate mental health resources effectively. Furthermore, the bill's funding provisions call for financial assistance to counties, which is contingent upon efforts by the State Department of Health Care Services to allocate necessary funds. Additionally, healthcare insurers are mandated to provide coverage for services related to the CARE process without cost-sharing, reinforcing the urgency of financial accessibility in mental health care.

Summary

Senate Bill No. 1338, also known as the Community Assistance, Recovery, and Empowerment (CARE) Court Program, aims to establish a legal framework for providing mental health services to adults suffering from severe mental illnesses such as schizophrenia. The bill allows designated individuals to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan, thereby enhancing access to critical services offered by county behavioral health agencies. This includes stabilization medication, housing assistance, and other support services aimed at individuals facing psychiatric crises. Effective implementation is required across various counties in California by specified dates, which promotes a unified approach to mental health treatment across the state.

Sentiment

The reception of SB 1338 has been polarized, with proponents praising it as a progressive step toward addressing the mental health crisis, particularly concerning homelessness and criminal justice involvement. Supporters argue that the framework will better serve those with severe mental illnesses by providing them with tailored care and legal protections. However, critics voice concerns about the potential for increased state intervention in personal health decisions and the adequacy of resources for effectively implementing the CARE plans. These concerns suggest a broader debate about the balance between individual rights and community safety in mental health policy.

Contention

Notably, Senate Bill 1338 has faced opposition relating to its broader implications for individual autonomy and the effectiveness of treatment protocols. Critics have expressed apprehension that this model may unintentionally lead to further stigmatization of individuals with mental health issues and that the enforcement of CARE plans might not align with the ideals of voluntary treatment. Furthermore, the bill's allowance for court intervention raises questions about the judicial system's capacity to manage mental health cases such that they do not infringe upon personal liberties. Overall, the tension between the need for effective intervention and the preservation of individual rights will be a central theme as the CARE program unfolds.

Companion Bills

No companion bills found.

Similar Bills

CA AB2830

The Community Assistance, Recovery, and Empowerment (CARE) Court Program.

CA SB35

Community Assistance, Recovery, and Empowerment (CARE) Court Program.

CA SB1400

Criminal procedure: competence to stand trial.

CA SB42

Community Assistance, Recovery, and Empowerment (CARE) Court Program: process and proceedings.

CA AB2352

Mental health and psychiatric advance directives.

CA SB331

Substance abuse.