California 2021-2022 Regular Session

California Senate Bill SB340 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	~~Amended IN Senate April 26, 2021~~ Amended IN Senate March 08, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 340Introduced by Senator SternFebruary 09, ~~2021~~ An act to amend Section 5118 ~~5276~~ of the Welfare and Institutions Code, relating to mental health.LEGISLATIVE COUNSEL'S DIGESTSB 340, as amended, Stern. Lanterman-Petris-Short Act: hearings.Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed. Under the act, if a person, as a result of a mental health disorder, is a danger to others, or to themselves, or is 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 Social Services as a facility for 72-hour treatment and evaluation. Existing law provides for judicial review of the involuntary commitment and requires reasonable attempts to be made by the mental health facility to notify family members or any other person designated by the patient of the time and place of judicial review.This bill would authorize a family member, friend, or acquaintance with personal knowledge of the person receiving treatment to make a request to testify in the judicial review proceedings, in writing, to the counsel of a party to the judicial review. The bill would require the receiving counsel, or their designee, to determine whether the requesters testimony will assist the proceeding and, within a reasonable time, respond to the requester, in writing, with an approval or denial.The Lanterman-Petris-Short Act authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed, and authorizes a conservator of the person, of the estate, or of the person and the estate to be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism, or a person who is incapable of caring for their own health and well-being due to a serious mental illness and substance use disorder. The act designates procedures for a hearing under these provisions for a court to receive oral and written evidence.This bill would require a court to allow a family member, friend, or acquaintance who is knowledgeable about a person who is the subject of any hearing under these provisions to testify. The bill would also make technical changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5276 of the Welfare and Institutions Code is amended to read:5276. (a) Judicial review shall be in the superior court for the county in which the facility providing intensive treatment is located or in the county in which the 72-hour evaluation was conducted if the patient or a person acting in his or her on the patients behalf informs the professional staff of the evaluation facility (in writing) facility, in writing, that judicial review will be sought. No A patient shall not be transferred from the county providing evaluation services to a different county for intensive treatment if the staff of the evaluation facility has been informed in writing informed, in writing, that a judicial review will be sought, until the completion of the judicial review. The person requesting to be released shall be informed of his or her their right to counsel by the member of the treatment staff and by the court; and, if he or she the person so elects, the court shall immediately appoint the public defender or other attorney to assist him or her them in preparation of a petition for the writ of habeas corpus and, if he or she the person so elects, to represent him or her them in the proceedings. The person shall pay the costs of the legal service if he or she is able. Reasonable(b) (1) Reasonable attempts shall be made by the mental health facility to notify family members or any other person designated by the patient, of the time and place of the judicial review, unless the patient requests that this information not be provided. The patient shall be advised by the treating facility that is treating the patient that he or she that the patient has the right to request that this information not be provided.(2) A family member, friend, or acquaintance with personal knowledge of the person receiving treatment may make a request to testify in the judicial review proceedings. This request shall be submitted, in writing, to the counsel to either party. The receiving counsel or their designee, upon receiving a request, shall determine whether the requesters testimony will assist in the proceedings and, within a reasonable time, shall respond to the requester, in writing, with an approval or denial. This paragraph does not affect or alter the courts ability to determine the admissibility of testimony. The(c) The court shall either release the person or order an evidentiary hearing to be held within two judicial days after the petition is filed. If The person shall be released immediately if the court finds, (a) that finds any of the following:(1) That the person requesting release is not, as a result of mental disorder or impairment by chronic alcoholism, a danger to others, or to himself or herself, themselves, or gravely disabled, (b) that he or she disabled.(2) That the person had not been advised of, or had accepted, voluntary treatment, or (c) that treatment.(3) That the facility providing intensive treatment is not equipped and staffed to provide treatment, or is not designated by the county to provide intensive treatment he or she shall be released immediately. treatment.SECTION 1.Section 5118 of the Welfare and Institutions Code is amended to read:5118.(a)(1)For the purpose of conducting a hearing under this part, the court in and for the county where the petition is filed may be convened at any time and place within or outside the county suitable to the mental and physical health of the patient, and receive evidence both oral and written, and render decisions, except that the time and place for hearing shall not be different from the time and place for the trial of civil actions for such court if any party to the proceeding, prior to the hearing, objects to the different time or place.(2)A hearing under this part conducted at any state hospital or any mental health facility designated by any county as a treatment facility under this part or any facility referred to in Section 5358 or Division 7 (commencing with Section 7100), within or outside the county, shall be deemed to be hearings held in a place for the trial of civil actions and in a regular courtroom of the court.(b)Notwithstanding any other provisions of this section, any party to the hearing under this part may demand that the hearing be public, and be held in a place suitable for attendance by the public.(c)Notwithstanding any other law, the court shall allow a family member, friend, or acquaintance who is knowledgeable about a person who is the subject of any hearing under this part to testify.(d)Notwithstanding any other law, any hearing under this part which was held before enactment of this section but which would have been in accordance with this section had it been effective is deemed to be valid for all purposes.(e)As used in this section, a hearing under this part includes conservatorship and other hearings held pursuant to Chapter 3 (commencing with Section 5350).
	1	+	Amended IN Senate March 08, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 340Introduced by Senator SternFebruary 09, 2021An act relating to public health. An act to amend Section 5118 of the Welfare and Institutions Code, relating to mental health.LEGISLATIVE COUNSEL'S DIGESTSB 340, as amended, Stern. Public health: mental health services. Lanterman-Petris-Short Act: hearings.The Lanterman-Petris-Short Act authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed, and authorizes a conservator of the person, of the estate, or of the person and the estate to be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism, or a person who is incapable of caring for their own health and well-being due to a serious mental illness and substance use disorder. The act designates procedures for a hearing under these provisions for a court to receive oral and written evidence.This bill would require a court to allow a family member, friend, or acquaintance who is knowledgeable about a person who is the subject of any hearing under these provisions to testify. The bill would also make technical changes.Existing law authorizes the State Department of Public Health to advise and assist local departments of health and education in the provision of mental health services.This bill would state the intent of the Legislature to enact legislation to improve the efficacy of mental health services by addressing placement, referrals, and continuity of care. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5118 of the Welfare and Institutions Code is amended to read:5118. (a) (1) For the purpose of conducting hearings a hearing under this part, the court in and for the county where the petition is filed may be convened at any time and place within or outside the county suitable to the mental and physical health of the patient, and receive evidence both oral and written, and render decisions, except that the time and place for hearing shall not be different from the time and place for the trial of civil actions for such court if any party to the proceeding, prior to the hearing, objects to the different time or place. Hearings(2) A hearing under this part conducted at any state hospital or any mental health facility designated by any county as a treatment facility under this part or any facility referred to in Section 5358 or Division 7 (commencing with Section 7100), within or outside the county, shall be deemed to be hearings held in a place for the trial of civil actions and in a regular courtroom of the court. Notwithstanding(b) Notwithstanding any other provisions of this section, any party to the proceeding hearing under this part may demand that the hearing be public, and be held in a place suitable for attendance by the public.(c) Notwithstanding any other law, the court shall allow a family member, friend, or acquaintance who is knowledgeable about a person who is the subject of any hearing under this part to testify. Notwithstanding(d) Notwithstanding any other provisions of law, any hearing under this part which was held before enactment of this section but which would have been in accordance with this section had it been effective is deemed to be valid for all purposes. As(e) As used in this section, a hearing under this part includes conservatorship and other hearings held pursuant to Chapter 3 (commencing with Section 5350) of this part. 5350).SECTION 1.It is the intent of the Legislature to enact legislation to improve the efficacy of public health resources to ensure access to mental health services for Californians by improving timeliness of placement, addressing shortcomings in referrals, and enhancing continuity of care.
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3		-	~~Amended IN Senate April 26, 2021~~ Amended IN Senate March 08, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 340Introduced by Senator SternFebruary 09, ~~2021~~ An act to amend Section 5118 ~~5276~~ of the Welfare and Institutions Code, relating to mental health.LEGISLATIVE COUNSEL'S DIGESTSB 340, as amended, Stern. Lanterman-Petris-Short Act: hearings.Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed. Under the act, if a person, as a result of a mental health disorder, is a danger to others, or to themselves, or is 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 Social Services as a facility for 72-hour treatment and evaluation. Existing law provides for judicial review of the involuntary commitment and requires reasonable attempts to be made by the mental health facility to notify family members or any other person designated by the patient of the time and place of judicial review.This bill would authorize a family member, friend, or acquaintance with personal knowledge of the person receiving treatment to make a request to testify in the judicial review proceedings, in writing, to the counsel of a party to the judicial review. The bill would require the receiving counsel, or their designee, to determine whether the requesters testimony will assist the proceeding and, within a reasonable time, respond to the requester, in writing, with an approval or denial.The Lanterman-Petris-Short Act authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed, and authorizes a conservator of the person, of the estate, or of the person and the estate to be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism, or a person who is incapable of caring for their own health and well-being due to a serious mental illness and substance use disorder. The act designates procedures for a hearing under these provisions for a court to receive oral and written evidence.This bill would require a court to allow a family member, friend, or acquaintance who is knowledgeable about a person who is the subject of any hearing under these provisions to testify. The bill would also make technical changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	3	+	Amended IN Senate March 08, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 340Introduced by Senator SternFebruary 09, 2021An act relating to public health. An act to amend Section 5118 of the Welfare and Institutions Code, relating to mental health.LEGISLATIVE COUNSEL'S DIGESTSB 340, as amended, Stern. Public health: mental health services. Lanterman-Petris-Short Act: hearings.The Lanterman-Petris-Short Act authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed, and authorizes a conservator of the person, of the estate, or of the person and the estate to be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism, or a person who is incapable of caring for their own health and well-being due to a serious mental illness and substance use disorder. The act designates procedures for a hearing under these provisions for a court to receive oral and written evidence.This bill would require a court to allow a family member, friend, or acquaintance who is knowledgeable about a person who is the subject of any hearing under these provisions to testify. The bill would also make technical changes.Existing law authorizes the State Department of Public Health to advise and assist local departments of health and education in the provision of mental health services.This bill would state the intent of the Legislature to enact legislation to improve the efficacy of mental health services by addressing placement, referrals, and continuity of care. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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5		-	~~Amended IN Senate April 26, 2021~~ Amended IN Senate March 08, 2021
	5	+	Amended IN Senate March 08, 2021
6	6
7		-	Amended IN Senate April 26, 2021
8	7		Amended IN Senate March 08, 2021
9	8
10	9		CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
11	10
12	11		Senate Bill
13	12
14	13		No. 340
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16	15		Introduced by Senator SternFebruary 09, 2021
17	16
18	17		Introduced by Senator Stern
19	18		February 09, 2021
20	19
21		-	An act to amend Section 5118 ~~5276~~ of the Welfare and Institutions Code, relating to mental health.
	20	+	An act relating to public health. An act to amend Section 5118 of the Welfare and Institutions Code, relating to mental health.
22	21
23	22		LEGISLATIVE COUNSEL'S DIGEST
24	23
25	24		## LEGISLATIVE COUNSEL'S DIGEST
26	25
27		-	SB 340, as amended, Stern. Lanterman-Petris-Short Act: hearings.
	26	+	SB 340, as amended, Stern. Public health: mental health services. Lanterman-Petris-Short Act: hearings.
28	27
29		-	Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed. Under the act, if a person, as a result of a mental health disorder, is a danger to others, or to themselves, or is 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 Social Services as a facility for 72-hour treatment and evaluation. Existing law provides for judicial review of the involuntary commitment and requires reasonable attempts to be made by the mental health facility to notify family members or any other person designated by the patient of the time and place of judicial review.This bill would authorize a family member, friend, or acquaintance with personal knowledge of the person receiving treatment to make a request to testify in the judicial review proceedings, in writing, to the counsel of a party to the judicial review. The bill would require the receiving counsel, or their designee, to determine whether the requesters testimony will assist the proceeding and, within a reasonable time, respond to the requester, in writing, with an approval or denial.The Lanterman-Petris-Short Act authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed, and authorizes a conservator of the person, of the estate, or of the person and the estate to be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism, or a person who is incapable of caring for their own health and well-being due to a serious mental illness and substance use disorder. The act designates procedures for a hearing under these provisions for a court to receive oral and written evidence.This bill would require a court to allow a family member, friend, or acquaintance who is knowledgeable about a person who is the subject of any hearing under these provisions to testify. The bill would also make technical changes.
30		-
31		-	Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed. Under the act, if a person, as a result of a mental health disorder, is a danger to others, or to themselves, or is 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 Social Services as a facility for 72-hour treatment and evaluation. Existing law provides for judicial review of the involuntary commitment and requires reasonable attempts to be made by the mental health facility to notify family members or any other person designated by the patient of the time and place of judicial review.
32		-
33		-	This bill would authorize a family member, friend, or acquaintance with personal knowledge of the person receiving treatment to make a request to testify in the judicial review proceedings, in writing, to the counsel of a party to the judicial review. The bill would require the receiving counsel, or their designee, to determine whether the requesters testimony will assist the proceeding and, within a reasonable time, respond to the requester, in writing, with an approval or denial.
	28	+	The Lanterman-Petris-Short Act authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed, and authorizes a conservator of the person, of the estate, or of the person and the estate to be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism, or a person who is incapable of caring for their own health and well-being due to a serious mental illness and substance use disorder. The act designates procedures for a hearing under these provisions for a court to receive oral and written evidence.This bill would require a court to allow a family member, friend, or acquaintance who is knowledgeable about a person who is the subject of any hearing under these provisions to testify. The bill would also make technical changes.Existing law authorizes the State Department of Public Health to advise and assist local departments of health and education in the provision of mental health services.This bill would state the intent of the Legislature to enact legislation to improve the efficacy of mental health services by addressing placement, referrals, and continuity of care.
34	29
35	30		The Lanterman-Petris-Short Act authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed, and authorizes a conservator of the person, of the estate, or of the person and the estate to be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism, or a person who is incapable of caring for their own health and well-being due to a serious mental illness and substance use disorder. The act designates procedures for a hearing under these provisions for a court to receive oral and written evidence.
36	31
	32	+	This bill would require a court to allow a family member, friend, or acquaintance who is knowledgeable about a person who is the subject of any hearing under these provisions to testify. The bill would also make technical changes.
	33	+
	34	+	Existing law authorizes the State Department of Public Health to advise and assist local departments of health and education in the provision of mental health services.
37	35
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39		-	This bill would require a court to allow a family member, friend, or acquaintance who is knowledgeable about a person who is the subject of any hearing under these provisions to testify. The bill would also make technical changes.
	37	+
	38	+	This bill would state the intent of the Legislature to enact legislation to improve the efficacy of mental health services by addressing placement, referrals, and continuity of care.
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41	40
42	41
43	42		## Digest Key
44	43
45	44		## Bill Text
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47		-	The people of the State of California do enact as follows:SECTION 1. Section 5276 of the Welfare and Institutions Code is amended to read:5276. (a) Judicial review shall be in the superior court for the county in which the facility providing intensive treatment is located or in the county in which the 72-hour evaluation was conducted if the patient or a person acting in his or her on the patients behalf informs the professional staff of the evaluation facility (in writing) facility, in writing, that judicial review will be sought. No A patient shall not be transferred from the county providing evaluation services to a different county for intensive treatment if the staff of the evaluation facility has been informed in writing informed, in writing, that a judicial review will be sought, until the completion of the judicial review. The person requesting to be released shall be informed of his or her their right to counsel by the member of the treatment staff and by the court; and, if he or she the person so elects, the court shall immediately appoint the public defender or other attorney to assist him or her them in preparation of a petition for the writ of habeas corpus and, if he or she the person so elects, to represent him or her them in the proceedings. The person shall pay the costs of the legal service if he or she is able. Reasonable(b) (1) Reasonable attempts shall be made by the mental health facility to notify family members or any other person designated by the patient, of the time and place of the judicial review, unless the patient requests that this information not be provided. The patient shall be advised by the treating facility that is treating the patient that he or she that the patient has the right to request that this information not be provided.(2) A family member, friend, or acquaintance with personal knowledge of the person receiving treatment may make a request to testify in the judicial review proceedings. This request shall be submitted, in writing, to the counsel to either party. The receiving counsel or their designee, upon receiving a request, shall determine whether the requesters testimony will assist in the proceedings and, within a reasonable time, shall respond to the requester, in writing, with an approval or denial. This paragraph does not affect or alter the courts ability to determine the admissibility of testimony. The(c) The court shall either release the person or order an evidentiary hearing to be held within two judicial days after the petition is filed. If The person shall be released immediately if the court finds, (a) that finds any of the following:(1) That the person requesting release is not, as a result of mental disorder or impairment by chronic alcoholism, a danger to others, or to himself or herself, themselves, or gravely disabled, (b) that he or she disabled.(2) That the person had not been advised of, or had accepted, voluntary treatment, or (c) that treatment.(3) That the facility providing intensive treatment is not equipped and staffed to provide treatment, or is not designated by the county to provide intensive treatment he or she shall be released immediately. treatment.SECTION 1.Section 5118 of the Welfare and Institutions Code is amended to read:5118.(a)(1)For the purpose of conducting a hearing under this part, the court in and for the county where the petition is filed may be convened at any time and place within or outside the county suitable to the mental and physical health of the patient, and receive evidence both oral and written, and render decisions, except that the time and place for hearing shall not be different from the time and place for the trial of civil actions for such court if any party to the proceeding, prior to the hearing, objects to the different time or place.(2)A hearing under this part conducted at any state hospital or any mental health facility designated by any county as a treatment facility under this part or any facility referred to in Section 5358 or Division 7 (commencing with Section 7100), within or outside the county, shall be deemed to be hearings held in a place for the trial of civil actions and in a regular courtroom of the court.(b)Notwithstanding any other provisions of this section, any party to the hearing under this part may demand that the hearing be public, and be held in a place suitable for attendance by the public.(c)Notwithstanding any other law, the court shall allow a family member, friend, or acquaintance who is knowledgeable about a person who is the subject of any hearing under this part to testify.(d)Notwithstanding any other law, any hearing under this part which was held before enactment of this section but which would have been in accordance with this section had it been effective is deemed to be valid for all purposes.(e)As used in this section, a hearing under this part includes conservatorship and other hearings held pursuant to Chapter 3 (commencing with Section 5350).
	46	+	The people of the State of California do enact as follows:SECTION 1. Section 5118 of the Welfare and Institutions Code is amended to read:5118. (a) (1) For the purpose of conducting hearings a hearing under this part, the court in and for the county where the petition is filed may be convened at any time and place within or outside the county suitable to the mental and physical health of the patient, and receive evidence both oral and written, and render decisions, except that the time and place for hearing shall not be different from the time and place for the trial of civil actions for such court if any party to the proceeding, prior to the hearing, objects to the different time or place. Hearings(2) A hearing under this part conducted at any state hospital or any mental health facility designated by any county as a treatment facility under this part or any facility referred to in Section 5358 or Division 7 (commencing with Section 7100), within or outside the county, shall be deemed to be hearings held in a place for the trial of civil actions and in a regular courtroom of the court. Notwithstanding(b) Notwithstanding any other provisions of this section, any party to the proceeding hearing under this part may demand that the hearing be public, and be held in a place suitable for attendance by the public.(c) Notwithstanding any other law, the court shall allow a family member, friend, or acquaintance who is knowledgeable about a person who is the subject of any hearing under this part to testify. Notwithstanding(d) Notwithstanding any other provisions of law, any hearing under this part which was held before enactment of this section but which would have been in accordance with this section had it been effective is deemed to be valid for all purposes. As(e) As used in this section, a hearing under this part includes conservatorship and other hearings held pursuant to Chapter 3 (commencing with Section 5350) of this part. 5350).SECTION 1.It is the intent of the Legislature to enact legislation to improve the efficacy of public health resources to ensure access to mental health services for Californians by improving timeliness of placement, addressing shortcomings in referrals, and enhancing continuity of care.
48	47
49	48		The people of the State of California do enact as follows:
50	49
51	50		## The people of the State of California do enact as follows:
52	51
53		-	SECTION 1. Section ~~5276~~ of the Welfare and Institutions Code is amended to read:~~5276~~. (a) ~~Judicial review shall be~~ in ~~the superior court~~ for the county ~~in which~~ the ~~facility providing intensive treatment~~ is ~~located~~ or in the county in which the 72-hour evaluation was conducted if the patient or a person acting in his or her on the patients behalf informs the professional staff of the evaluation facility (in writing) facility, in writing, that judicial review will be sought. No A patient shall not be transferred from the county providing evaluation services to a different county for intensive treatment if the staff of the evaluation facility has been informed in writing informed, in writing, that a judicial review will be sought, until the completion of the judicial review. The person requesting to be released shall be informed of his or her their right to counsel by the member of the treatment staff and by the court; and, if he or she the person so elects, the court shall immediately appoint the public defender or other attorney to assist him or her them in preparation of a petition for the writ of habeas corpus and, if he or she the person so elects, to represent him or her them in the proceedings. The person shall pay the costs of the legal service if he or she is able. Reasonable(b) (1) Reasonable attempts shall be made by the mental health ~~facility to notify family members or any other person designated by~~ the patient, of the time and place ~~of the judicial review, unless the patient requests that this information~~ not be ~~provided.~~ The ~~patient~~ shall be ~~advised~~ by the ~~treating facility that is treating~~ the ~~patient that he or she that the patient has the right to request that this information not be provided.(2)~~ A family member, friend, or acquaintance ~~with personal knowledge~~ of ~~the person receiving treatment may make a request~~ to testify in ~~the judicial review proceedings.~~ This ~~request shall be submitted,~~ ~~in writing,~~ to the counsel to either party. The receiving counsel or their designee, upon receiving a request, shall determine whether the requesters testimony will assist in the proceedings and, within a reasonable time, shall respond to the requester, in writing, with an approval or denial. This paragraph does not affect or alter the courts ability to determine the admissibility of testimony. The(c) The court shall either release the person or order an evidentiary hearing to be ~~held within two judicial days after the petition is filed~~. ~~If The person shall be released immediately if the court finds,~~ (a) ~~that finds any of the following:(1) That the person requesting release is not,~~ as ~~a result of mental disorder or impairment by chronic alcoholism~~, a ~~danger~~ to ~~others, or to himself or herself, themselves, or gravely disabled,~~ (b) that he or she disabled.(2) That the person had not been advised of, or had accepted, voluntary treatment, or (c) that treatment.(3) That the facility providing intensive treatment is not equipped and staffed to provide treatment, or is not designated by the county to provide intensive treatment he or she shall be released immediately. ~~treatment~~.
	52	+	SECTION 1. Section 5118 of the Welfare and Institutions Code is amended to read:5118. (a) (1) For the purpose of conducting hearings a hearing under this part, the court in and for the county where the petition is filed may be convened at any time and place within or outside the county suitable to the mental and physical health of the patient, and receive evidence both oral and written, and render decisions, except that the time and place for hearing shall not be different from the time and place for the trial of civil actions for such court if any party to the proceeding, prior to the hearing, objects to the different time or place. Hearings(2) A hearing under this part conducted at any state hospital or any mental health facility designated by any county as a treatment facility under this part or any facility referred to in Section 5358 or Division 7 (commencing with Section 7100), within or outside the county, shall be deemed to be hearings held in a place for the trial of civil actions and in a regular courtroom of the court. Notwithstanding(b) Notwithstanding any other provisions of this section, any party to the proceeding hearing under this part may demand that the hearing be public, and be held in a place suitable for attendance by the public.(c) Notwithstanding any other law, the court shall allow a family member, friend, or acquaintance who is knowledgeable about a person who is the subject of any hearing under this part to testify. Notwithstanding(d) Notwithstanding any other provisions of law, any hearing under this part which was held before enactment of this section but which would have been in accordance with this section had it been effective is deemed to be valid for all purposes. As(e) As used in this section, a hearing under this part includes conservatorship and other hearings held pursuant to Chapter 3 (commencing with Section 5350) of this part. 5350).
54	53
55		-	SECTION 1. Section ~~5276~~ of the Welfare and Institutions Code is amended to read:
	54	+	SECTION 1. Section 5118 of the Welfare and Institutions Code is amended to read:
56	55
57	56		### SECTION 1.
58	57
59		-	~~5276~~. (a) ~~Judicial review shall be~~ in ~~the superior court~~ for the county ~~in which~~ the ~~facility providing intensive treatment~~ is ~~located~~ or in the county in which the 72-hour evaluation was conducted if the patient or a person acting in his or her on the patients behalf informs the professional staff of the evaluation facility (in writing) facility, in writing, that judicial review will be sought. No A patient shall not be transferred from the county providing evaluation services to a different county for intensive treatment if the staff of the evaluation facility has been informed in writing informed, in writing, that a judicial review will be sought, until the completion of the judicial review. The person requesting to be released shall be informed of his or her their right to counsel by the member of the treatment staff and by the court; and, if he or she the person so elects, the court shall immediately appoint the public defender or other attorney to assist him or her them in preparation of a petition for the writ of habeas corpus and, if he or she the person so elects, to represent him or her them in the proceedings. The person shall pay the costs of the legal service if he or she is able. Reasonable(b) (1) Reasonable attempts shall be made by the mental health ~~facility to notify family members or any other person designated by~~ the patient, of the time and place ~~of the judicial review, unless the patient requests that this information~~ not be ~~provided.~~ The ~~patient~~ shall be ~~advised~~ by the ~~treating facility that is treating~~ the ~~patient that he or she that the patient has the right to request that this information not be provided.(2)~~ A family member, friend, or acquaintance ~~with personal knowledge~~ of ~~the person receiving treatment may make a request~~ to testify in ~~the judicial review proceedings.~~ This ~~request shall be submitted,~~ ~~in writing,~~ to the counsel to either party. The receiving counsel or their designee, upon receiving a request, shall determine whether the requesters testimony will assist in the proceedings and, within a reasonable time, shall respond to the requester, in writing, with an approval or denial. This paragraph does not affect or alter the courts ability to determine the admissibility of testimony. The(c) The court shall either release the person or order an evidentiary hearing to be ~~held within two judicial days after the petition is filed~~. ~~If The person shall be released immediately if the court finds,~~ (a) ~~that finds any of the following:(1) That the person requesting release is not,~~ as ~~a result of mental disorder or impairment by chronic alcoholism~~, a ~~danger~~ to ~~others, or to himself or herself, themselves, or gravely disabled,~~ (b) that he or she disabled.(2) That the person had not been advised of, or had accepted, voluntary treatment, or (c) that treatment.(3) That the facility providing intensive treatment is not equipped and staffed to provide treatment, or is not designated by the county to provide intensive treatment he or she shall be released immediately. ~~treatment~~.
	58	+	5118. (a) (1) For the purpose of conducting hearings a hearing under this part, the court in and for the county where the petition is filed may be convened at any time and place within or outside the county suitable to the mental and physical health of the patient, and receive evidence both oral and written, and render decisions, except that the time and place for hearing shall not be different from the time and place for the trial of civil actions for such court if any party to the proceeding, prior to the hearing, objects to the different time or place. Hearings(2) A hearing under this part conducted at any state hospital or any mental health facility designated by any county as a treatment facility under this part or any facility referred to in Section 5358 or Division 7 (commencing with Section 7100), within or outside the county, shall be deemed to be hearings held in a place for the trial of civil actions and in a regular courtroom of the court. Notwithstanding(b) Notwithstanding any other provisions of this section, any party to the proceeding hearing under this part may demand that the hearing be public, and be held in a place suitable for attendance by the public.(c) Notwithstanding any other law, the court shall allow a family member, friend, or acquaintance who is knowledgeable about a person who is the subject of any hearing under this part to testify. Notwithstanding(d) Notwithstanding any other provisions of law, any hearing under this part which was held before enactment of this section but which would have been in accordance with this section had it been effective is deemed to be valid for all purposes. As(e) As used in this section, a hearing under this part includes conservatorship and other hearings held pursuant to Chapter 3 (commencing with Section 5350) of this part. 5350).
60	59
61		-	~~5276~~. (a) ~~Judicial review shall be~~ in ~~the superior court~~ for the county ~~in which~~ the ~~facility providing intensive treatment~~ is ~~located~~ or in the county in which the 72-hour evaluation was conducted if the patient or a person acting in his or her on the patients behalf informs the professional staff of the evaluation facility (in writing) facility, in writing, that judicial review will be sought. No A patient shall not be transferred from the county providing evaluation services to a different county for intensive treatment if the staff of the evaluation facility has been informed in writing informed, in writing, that a judicial review will be sought, until the completion of the judicial review. The person requesting to be released shall be informed of his or her their right to counsel by the member of the treatment staff and by the court; and, if he or she the person so elects, the court shall immediately appoint the public defender or other attorney to assist him or her them in preparation of a petition for the writ of habeas corpus and, if he or she the person so elects, to represent him or her them in the proceedings. The person shall pay the costs of the legal service if he or she is able. Reasonable(b) (1) Reasonable attempts shall be made by the mental health ~~facility to notify family members or any other person designated by~~ the patient, of the time and place ~~of the judicial review, unless the patient requests that this information~~ not be ~~provided.~~ The ~~patient~~ shall be ~~advised~~ by the ~~treating facility that is treating~~ the ~~patient that he or she that the patient has the right to request that this information not be provided.(2)~~ A family member, friend, or acquaintance ~~with personal knowledge~~ of ~~the person receiving treatment may make a request~~ to testify in ~~the judicial review proceedings.~~ This ~~request shall be submitted,~~ ~~in writing,~~ to the counsel to either party. The receiving counsel or their designee, upon receiving a request, shall determine whether the requesters testimony will assist in the proceedings and, within a reasonable time, shall respond to the requester, in writing, with an approval or denial. This paragraph does not affect or alter the courts ability to determine the admissibility of testimony. The(c) The court shall either release the person or order an evidentiary hearing to be ~~held within two judicial days after the petition is filed~~. ~~If The person shall be released immediately if the court finds,~~ (a) ~~that finds any of the following:(1) That the person requesting release is not,~~ as ~~a result of mental disorder or impairment by chronic alcoholism~~, a ~~danger~~ to ~~others, or to himself or herself, themselves, or gravely disabled,~~ (b) that he or she disabled.(2) That the person had not been advised of, or had accepted, voluntary treatment, or (c) that treatment.(3) That the facility providing intensive treatment is not equipped and staffed to provide treatment, or is not designated by the county to provide intensive treatment he or she shall be released immediately. ~~treatment~~.
	60	+	5118. (a) (1) For the purpose of conducting hearings a hearing under this part, the court in and for the county where the petition is filed may be convened at any time and place within or outside the county suitable to the mental and physical health of the patient, and receive evidence both oral and written, and render decisions, except that the time and place for hearing shall not be different from the time and place for the trial of civil actions for such court if any party to the proceeding, prior to the hearing, objects to the different time or place. Hearings(2) A hearing under this part conducted at any state hospital or any mental health facility designated by any county as a treatment facility under this part or any facility referred to in Section 5358 or Division 7 (commencing with Section 7100), within or outside the county, shall be deemed to be hearings held in a place for the trial of civil actions and in a regular courtroom of the court. Notwithstanding(b) Notwithstanding any other provisions of this section, any party to the proceeding hearing under this part may demand that the hearing be public, and be held in a place suitable for attendance by the public.(c) Notwithstanding any other law, the court shall allow a family member, friend, or acquaintance who is knowledgeable about a person who is the subject of any hearing under this part to testify. Notwithstanding(d) Notwithstanding any other provisions of law, any hearing under this part which was held before enactment of this section but which would have been in accordance with this section had it been effective is deemed to be valid for all purposes. As(e) As used in this section, a hearing under this part includes conservatorship and other hearings held pursuant to Chapter 3 (commencing with Section 5350) of this part. 5350).
62	61
63		-	~~5276~~. (a) ~~Judicial review shall be~~ in ~~the superior court~~ for the county ~~in which~~ the ~~facility providing intensive treatment~~ is ~~located~~ or in the county in which the 72-hour evaluation was conducted if the patient or a person acting in his or her on the patients behalf informs the professional staff of the evaluation facility (in writing) facility, in writing, that judicial review will be sought. No A patient shall not be transferred from the county providing evaluation services to a different county for intensive treatment if the staff of the evaluation facility has been informed in writing informed, in writing, that a judicial review will be sought, until the completion of the judicial review. The person requesting to be released shall be informed of his or her their right to counsel by the member of the treatment staff and by the court; and, if he or she the person so elects, the court shall immediately appoint the public defender or other attorney to assist him or her them in preparation of a petition for the writ of habeas corpus and, if he or she the person so elects, to represent him or her them in the proceedings. The person shall pay the costs of the legal service if he or she is able. Reasonable(b) (1) Reasonable attempts shall be made by the mental health ~~facility to notify family members or any other person designated by~~ the patient, of the time and place ~~of the judicial review, unless the patient requests that this information~~ not be ~~provided.~~ The ~~patient~~ shall be ~~advised~~ by the ~~treating facility that is treating~~ the ~~patient that he or she that the patient has the right to request that this information not be provided.(2)~~ A family member, friend, or acquaintance ~~with personal knowledge~~ of ~~the person receiving treatment may make a request~~ to testify in ~~the judicial review proceedings.~~ This ~~request shall be submitted,~~ ~~in writing,~~ to the counsel to either party. The receiving counsel or their designee, upon receiving a request, shall determine whether the requesters testimony will assist in the proceedings and, within a reasonable time, shall respond to the requester, in writing, with an approval or denial. This paragraph does not affect or alter the courts ability to determine the admissibility of testimony. The(c) The court shall either release the person or order an evidentiary hearing to be ~~held within two judicial days after the petition is filed~~. ~~If The person shall be released immediately if the court finds,~~ (a) ~~that finds any of the following:(1) That the person requesting release is not,~~ as ~~a result of mental disorder or impairment by chronic alcoholism~~, a ~~danger~~ to ~~others, or to himself or herself, themselves, or gravely disabled,~~ (b) that he or she disabled.(2) That the person had not been advised of, or had accepted, voluntary treatment, or (c) that treatment.(3) That the facility providing intensive treatment is not equipped and staffed to provide treatment, or is not designated by the county to provide intensive treatment he or she shall be released immediately. ~~treatment~~.
	62	+	5118. (a) (1) For the purpose of conducting hearings a hearing under this part, the court in and for the county where the petition is filed may be convened at any time and place within or outside the county suitable to the mental and physical health of the patient, and receive evidence both oral and written, and render decisions, except that the time and place for hearing shall not be different from the time and place for the trial of civil actions for such court if any party to the proceeding, prior to the hearing, objects to the different time or place. Hearings(2) A hearing under this part conducted at any state hospital or any mental health facility designated by any county as a treatment facility under this part or any facility referred to in Section 5358 or Division 7 (commencing with Section 7100), within or outside the county, shall be deemed to be hearings held in a place for the trial of civil actions and in a regular courtroom of the court. Notwithstanding(b) Notwithstanding any other provisions of this section, any party to the proceeding hearing under this part may demand that the hearing be public, and be held in a place suitable for attendance by the public.(c) Notwithstanding any other law, the court shall allow a family member, friend, or acquaintance who is knowledgeable about a person who is the subject of any hearing under this part to testify. Notwithstanding(d) Notwithstanding any other provisions of law, any hearing under this part which was held before enactment of this section but which would have been in accordance with this section had it been effective is deemed to be valid for all purposes. As(e) As used in this section, a hearing under this part includes conservatorship and other hearings held pursuant to Chapter 3 (commencing with Section 5350) of this part. 5350).
64	63
65	64
66	65
67		-	~~5276~~. (a) ~~Judicial review shall be~~ in ~~the superior court~~ for the county ~~in which~~ the ~~facility providing intensive treatment~~ is ~~located~~ or in the county ~~in which~~ the ~~72-hour evaluation was conducted if the patient or a person acting in his or her on the patients behalf informs the professional staff~~ of the ~~evaluation facility (in writing) facility~~, ~~in writing~~, that ~~judicial review will be sought.~~ ~~No A patient~~ shall not be ~~transferred~~ from the county providing evaluation services to a different county for intensive treatment if the staff of the evaluation facility has been informed in writing informed, in writing, that a judicial review will be sought, until the completion of the judicial review. The person requesting to be released shall be informed of his or her their right to counsel by the member of the treatment staff and ~~by the court; and, if he or she the person so elects, the court shall immediately appoint the public defender or other attorney to assist him or her them in preparation of a petition~~ for the ~~writ~~ of ~~habeas corpus and,~~ if he or ~~she the person so elects, to represent him or her them in the proceedings~~. ~~The person shall pay the costs of the legal service if he or she is able.~~
	66	+	5118. (a) (1) For the purpose of conducting hearings a hearing under this part, the court in and for the county where the petition is filed may be convened at any time and place within or outside the county suitable to the mental and physical health of the patient, and receive evidence both oral and written, and render decisions, except that the time and place for hearing shall not be different from the time and place for the trial of civil actions for such court if any party to the proceeding, prior to the hearing, objects to the different time or place.
68	67
69		-	Reasonable
70		-
71		-
72		-
73		-	(b) (1) Reasonable attempts shall be made by the mental health facility to notify family members or any other person designated by the patient, of the time and place of the judicial review, unless the patient requests that this information not be provided. The patient shall be advised by the treating facility that is treating the patient that he or she that the patient has the right to request that this information not be provided.
74		-
75		-	(2) A family member, friend, or acquaintance with personal knowledge of the person receiving treatment may make a request to testify in the judicial review proceedings. This request shall be submitted, in writing, to the counsel to either party. The receiving counsel or their designee, upon receiving a request, shall determine whether the requesters testimony will assist in the proceedings and, within a reasonable time, shall respond to the requester, in writing, with an approval or denial. This paragraph does not affect or alter the courts ability to determine the admissibility of testimony.
76		-
77		-	The
78		-
79		-
80		-
81		-	(c) The court shall either release the person or order an evidentiary hearing to be held within two judicial days after the petition is filed. If The person shall be released immediately if the court finds, (a) that finds any of the following:
82		-
83		-	(1) That the person requesting release is not, as a result of mental disorder or impairment by chronic alcoholism, a danger to others, or to himself or herself, themselves, or gravely disabled, (b) that he or she disabled.
84		-
85		-	(2) That the person had not been advised of, or had accepted, voluntary treatment, or (c) that treatment.
86		-
87		-	(3) That the facility providing intensive treatment is not equipped and staffed to provide treatment, or is not designated by the county to provide intensive treatment he or she shall be released immediately. treatment.
88		-
89		-
90		-
91		-
92		-
93		-	(a)(1)For the purpose of conducting a hearing under this part, the court in and for the county where the petition is filed may be convened at any time and place within or outside the county suitable to the mental and physical health of the patient, and receive evidence both oral and written, and render decisions, except that the time and place for hearing shall not be different from the time and place for the trial of civil actions for such court if any party to the proceeding, prior to the hearing, objects to the different time or place.
	68	+	Hearings
94	69
95	70
96	71
97	72		(2) A hearing under this part conducted at any state hospital or any mental health facility designated by any county as a treatment facility under this part or any facility referred to in Section 5358 or Division 7 (commencing with Section 7100), within or outside the county, shall be deemed to be hearings held in a place for the trial of civil actions and in a regular courtroom of the court.
98	73
99		-
100		-
101		-	(b)Notwithstanding any other provisions of this section, any party to the hearing under this part may demand that the hearing be public, and be held in a place suitable for attendance by the public.
	74	+	Notwithstanding
102	75
103	76
104	77
	78	+	(b) Notwithstanding any other provisions of this section, any party to the proceeding hearing under this part may demand that the hearing be public, and be held in a place suitable for attendance by the public.
	79	+
105	80		(c) Notwithstanding any other law, the court shall allow a family member, friend, or acquaintance who is knowledgeable about a person who is the subject of any hearing under this part to testify.
	81	+
	82	+	Notwithstanding
106	83
107	84
108	85
109		-	(d)Notwithstanding any other law, any hearing under this part which was held before enactment of this section but which would have been in accordance with this section had it been effective is deemed to be valid for all purposes.
	86	+	(d) Notwithstanding any other provisions of law, any hearing under this part which was held before enactment of this section but which would have been in accordance with this section had it been effective is deemed to be valid for all purposes.
	87	+
	88	+	As
110	89
111	90
112	91
113		-	(e)As used in this section, a hearing under this part includes conservatorship and other hearings held pursuant to Chapter 3 (commencing with Section 5350).
	92	+	(e) As used in this section, a hearing under this part includes conservatorship and other hearings held pursuant to Chapter 3 (commencing with Section 5350) of this part. 5350).
	93	+
	94	+
	95	+
	96	+	It is the intent of the Legislature to enact legislation to improve the efficacy of public health resources to ensure access to mental health services for Californians by improving timeliness of placement, addressing shortcomings in referrals, and enhancing continuity of care.