Amended IN Senate March 05, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 578Introduced by Senator JonesFebruary 18, 2021 An act to add Section 5365.5 to amend Section 5118 of the Welfare and Institutions Code, relating to mental health. LEGISLATIVE COUNSEL'S DIGESTSB 578, as amended, Jones. Conservatorship proceedings. Lanterman-Petris-Short Act: hearings.Existing law 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, 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, and designates procedures for hearing a petition for that purpose. Existing law requires a hearing under these conservatorship provisions to be held within 30 days of the date of the petition. authorizes a party to a hearing under the act to demand that the hearing be public, and be held in a place suitable for attendance by the public.This bill would require a hearing held under those provisions to be held in closed court unless specifically requested by a party to the petition. the act to be presumptively closed to the public, but would authorize the individual who is the subject of the proceeding to demand that the hearing be public, and be held in a place suitable for attendance by the public. The bill would also authorize a judge, hearing officer, or other person conducting the hearing to grant a request by any other party to the proceeding to make the hearing public if the judge, hearing officer, or other person conducting the hearing finds that the public interest in an open hearing clearly outweighs the individuals interest in privacy. The bill would define hearing for these purposes to mean any proceeding conducted under the act, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES 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) For the purpose of conducting hearings 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(b) Hearings conducted at any a state hospital or any a mental health facility designated by any a 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 any other provisions of this section, any party to the proceeding may demand that the hearing be public, and be held in a place suitable for attendance by the public.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.(c) (1) Notwithstanding any other law, and except as otherwise provided in this subdivision, a hearing held under this part is presumptively closed to the public.(2) The individual who is the subject of the proceeding may demand that the hearing be public, and be held in a place suitable for attendance by the public.(3) The individual who is the subject of the proceeding may also request the presence of any family member or friend without waiving the right to keep the hearing closed to the rest of the public.(4) A request by any other party to the proceeding to make the hearing public may be granted if the judge, hearing officer, or other person conducting the hearing finds that the public interest in an open hearing clearly outweighs the individuals interest in privacy.(5) Before commencing a hearing, the judge, hearing officer, or other person conducting the hearing shall inform the individual who is the subject of the proceeding of their rights under this section.As(d) As used in this section, a hearing under this part includes hearing means any proceeding conducted under this part, including, but not limited to, conservatorship and other hearings held pursuant to Chapter 3 (commencing with Section 5350) of this part. 5350), certification review hearings, and jury trials.SECTION 1.Section 5365.5 is added to the Welfare and Institutions Code, to read:5365.5.(a)Notwithstanding any other law concerning public hearings and records, and subject to subdivision (b), a hearing held under this chapter shall be held in closed court without admittance of any person other than those necessary to the action or proceeding.(b)A hearing held under this chapter shall be public if specifically requested by a party to the petition.
Amended IN Senate March 05, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 578Introduced by Senator JonesFebruary 18, 2021 An act to add Section 5365.5 to amend Section 5118 of the Welfare and Institutions Code, relating to mental health. LEGISLATIVE COUNSEL'S DIGESTSB 578, as amended, Jones. Conservatorship proceedings. Lanterman-Petris-Short Act: hearings.Existing law 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, 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, and designates procedures for hearing a petition for that purpose. Existing law requires a hearing under these conservatorship provisions to be held within 30 days of the date of the petition. authorizes a party to a hearing under the act to demand that the hearing be public, and be held in a place suitable for attendance by the public.This bill would require a hearing held under those provisions to be held in closed court unless specifically requested by a party to the petition. the act to be presumptively closed to the public, but would authorize the individual who is the subject of the proceeding to demand that the hearing be public, and be held in a place suitable for attendance by the public. The bill would also authorize a judge, hearing officer, or other person conducting the hearing to grant a request by any other party to the proceeding to make the hearing public if the judge, hearing officer, or other person conducting the hearing finds that the public interest in an open hearing clearly outweighs the individuals interest in privacy. The bill would define hearing for these purposes to mean any proceeding conducted under the act, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate March 05, 2021
Amended IN Senate March 05, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 578
Introduced by Senator JonesFebruary 18, 2021
Introduced by Senator Jones
February 18, 2021
An act to add Section 5365.5 to amend Section 5118 of the Welfare and Institutions Code, relating to mental health.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 578, as amended, Jones. Conservatorship proceedings. Lanterman-Petris-Short Act: hearings.
Existing law 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, 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, and designates procedures for hearing a petition for that purpose. Existing law requires a hearing under these conservatorship provisions to be held within 30 days of the date of the petition. authorizes a party to a hearing under the act to demand that the hearing be public, and be held in a place suitable for attendance by the public.This bill would require a hearing held under those provisions to be held in closed court unless specifically requested by a party to the petition. the act to be presumptively closed to the public, but would authorize the individual who is the subject of the proceeding to demand that the hearing be public, and be held in a place suitable for attendance by the public. The bill would also authorize a judge, hearing officer, or other person conducting the hearing to grant a request by any other party to the proceeding to make the hearing public if the judge, hearing officer, or other person conducting the hearing finds that the public interest in an open hearing clearly outweighs the individuals interest in privacy. The bill would define hearing for these purposes to mean any proceeding conducted under the act, as specified.
Existing law 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, 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, and designates procedures for hearing a petition for that purpose. Existing law requires a hearing under these conservatorship provisions to be held within 30 days of the date of the petition. authorizes a party to a hearing under the act to demand that the hearing be public, and be held in a place suitable for attendance by the public.
This bill would require a hearing held under those provisions to be held in closed court unless specifically requested by a party to the petition. the act to be presumptively closed to the public, but would authorize the individual who is the subject of the proceeding to demand that the hearing be public, and be held in a place suitable for attendance by the public. The bill would also authorize a judge, hearing officer, or other person conducting the hearing to grant a request by any other party to the proceeding to make the hearing public if the judge, hearing officer, or other person conducting the hearing finds that the public interest in an open hearing clearly outweighs the individuals interest in privacy. The bill would define hearing for these purposes to mean any proceeding conducted under the act, as specified.
## Digest Key
## Bill Text
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) For the purpose of conducting hearings 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(b) Hearings conducted at any a state hospital or any a mental health facility designated by any a 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 any other provisions of this section, any party to the proceeding may demand that the hearing be public, and be held in a place suitable for attendance by the public.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.(c) (1) Notwithstanding any other law, and except as otherwise provided in this subdivision, a hearing held under this part is presumptively closed to the public.(2) The individual who is the subject of the proceeding may demand that the hearing be public, and be held in a place suitable for attendance by the public.(3) The individual who is the subject of the proceeding may also request the presence of any family member or friend without waiving the right to keep the hearing closed to the rest of the public.(4) A request by any other party to the proceeding to make the hearing public may be granted if the judge, hearing officer, or other person conducting the hearing finds that the public interest in an open hearing clearly outweighs the individuals interest in privacy.(5) Before commencing a hearing, the judge, hearing officer, or other person conducting the hearing shall inform the individual who is the subject of the proceeding of their rights under this section.As(d) As used in this section, a hearing under this part includes hearing means any proceeding conducted under this part, including, but not limited to, conservatorship and other hearings held pursuant to Chapter 3 (commencing with Section 5350) of this part. 5350), certification review hearings, and jury trials.SECTION 1.Section 5365.5 is added to the Welfare and Institutions Code, to read:5365.5.(a)Notwithstanding any other law concerning public hearings and records, and subject to subdivision (b), a hearing held under this chapter shall be held in closed court without admittance of any person other than those necessary to the action or proceeding.(b)A hearing held under this chapter shall be public if specifically requested by a party to the petition.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 5118 of the Welfare and Institutions Code is amended to read:5118. (a) For the purpose of conducting hearings 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(b) Hearings conducted at any a state hospital or any a mental health facility designated by any a 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 any other provisions of this section, any party to the proceeding may demand that the hearing be public, and be held in a place suitable for attendance by the public.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.(c) (1) Notwithstanding any other law, and except as otherwise provided in this subdivision, a hearing held under this part is presumptively closed to the public.(2) The individual who is the subject of the proceeding may demand that the hearing be public, and be held in a place suitable for attendance by the public.(3) The individual who is the subject of the proceeding may also request the presence of any family member or friend without waiving the right to keep the hearing closed to the rest of the public.(4) A request by any other party to the proceeding to make the hearing public may be granted if the judge, hearing officer, or other person conducting the hearing finds that the public interest in an open hearing clearly outweighs the individuals interest in privacy.(5) Before commencing a hearing, the judge, hearing officer, or other person conducting the hearing shall inform the individual who is the subject of the proceeding of their rights under this section.As(d) As used in this section, a hearing under this part includes hearing means any proceeding conducted under this part, including, but not limited to, conservatorship and other hearings held pursuant to Chapter 3 (commencing with Section 5350) of this part. 5350), certification review hearings, and jury trials.
SECTION 1. Section 5118 of the Welfare and Institutions Code is amended to read:
### SECTION 1.
5118. (a) For the purpose of conducting hearings 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(b) Hearings conducted at any a state hospital or any a mental health facility designated by any a 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 any other provisions of this section, any party to the proceeding may demand that the hearing be public, and be held in a place suitable for attendance by the public.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.(c) (1) Notwithstanding any other law, and except as otherwise provided in this subdivision, a hearing held under this part is presumptively closed to the public.(2) The individual who is the subject of the proceeding may demand that the hearing be public, and be held in a place suitable for attendance by the public.(3) The individual who is the subject of the proceeding may also request the presence of any family member or friend without waiving the right to keep the hearing closed to the rest of the public.(4) A request by any other party to the proceeding to make the hearing public may be granted if the judge, hearing officer, or other person conducting the hearing finds that the public interest in an open hearing clearly outweighs the individuals interest in privacy.(5) Before commencing a hearing, the judge, hearing officer, or other person conducting the hearing shall inform the individual who is the subject of the proceeding of their rights under this section.As(d) As used in this section, a hearing under this part includes hearing means any proceeding conducted under this part, including, but not limited to, conservatorship and other hearings held pursuant to Chapter 3 (commencing with Section 5350) of this part. 5350), certification review hearings, and jury trials.
5118. (a) For the purpose of conducting hearings 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(b) Hearings conducted at any a state hospital or any a mental health facility designated by any a 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 any other provisions of this section, any party to the proceeding may demand that the hearing be public, and be held in a place suitable for attendance by the public.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.(c) (1) Notwithstanding any other law, and except as otherwise provided in this subdivision, a hearing held under this part is presumptively closed to the public.(2) The individual who is the subject of the proceeding may demand that the hearing be public, and be held in a place suitable for attendance by the public.(3) The individual who is the subject of the proceeding may also request the presence of any family member or friend without waiving the right to keep the hearing closed to the rest of the public.(4) A request by any other party to the proceeding to make the hearing public may be granted if the judge, hearing officer, or other person conducting the hearing finds that the public interest in an open hearing clearly outweighs the individuals interest in privacy.(5) Before commencing a hearing, the judge, hearing officer, or other person conducting the hearing shall inform the individual who is the subject of the proceeding of their rights under this section.As(d) As used in this section, a hearing under this part includes hearing means any proceeding conducted under this part, including, but not limited to, conservatorship and other hearings held pursuant to Chapter 3 (commencing with Section 5350) of this part. 5350), certification review hearings, and jury trials.
5118. (a) For the purpose of conducting hearings 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(b) Hearings conducted at any a state hospital or any a mental health facility designated by any a 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 any other provisions of this section, any party to the proceeding may demand that the hearing be public, and be held in a place suitable for attendance by the public.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.(c) (1) Notwithstanding any other law, and except as otherwise provided in this subdivision, a hearing held under this part is presumptively closed to the public.(2) The individual who is the subject of the proceeding may demand that the hearing be public, and be held in a place suitable for attendance by the public.(3) The individual who is the subject of the proceeding may also request the presence of any family member or friend without waiving the right to keep the hearing closed to the rest of the public.(4) A request by any other party to the proceeding to make the hearing public may be granted if the judge, hearing officer, or other person conducting the hearing finds that the public interest in an open hearing clearly outweighs the individuals interest in privacy.(5) Before commencing a hearing, the judge, hearing officer, or other person conducting the hearing shall inform the individual who is the subject of the proceeding of their rights under this section.As(d) As used in this section, a hearing under this part includes hearing means any proceeding conducted under this part, including, but not limited to, conservatorship and other hearings held pursuant to Chapter 3 (commencing with Section 5350) of this part. 5350), certification review hearings, and jury trials.
5118. (a) For the purpose of conducting hearings 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
(b) Hearings conducted at any a state hospital or any a mental health facility designated by any a 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 any other provisions of this section, any party to the proceeding may demand that the hearing be public, and be held in a place suitable for attendance by the public.
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.
(c) (1) Notwithstanding any other law, and except as otherwise provided in this subdivision, a hearing held under this part is presumptively closed to the public.
(2) The individual who is the subject of the proceeding may demand that the hearing be public, and be held in a place suitable for attendance by the public.
(3) The individual who is the subject of the proceeding may also request the presence of any family member or friend without waiving the right to keep the hearing closed to the rest of the public.
(4) A request by any other party to the proceeding to make the hearing public may be granted if the judge, hearing officer, or other person conducting the hearing finds that the public interest in an open hearing clearly outweighs the individuals interest in privacy.
(5) Before commencing a hearing, the judge, hearing officer, or other person conducting the hearing shall inform the individual who is the subject of the proceeding of their rights under this section.
As
(d) As used in this section, a hearing under this part includes hearing means any proceeding conducted under this part, including, but not limited to, conservatorship and other hearings held pursuant to Chapter 3 (commencing with Section 5350) of this part. 5350), certification review hearings, and jury trials.
(a)Notwithstanding any other law concerning public hearings and records, and subject to subdivision (b), a hearing held under this chapter shall be held in closed court without admittance of any person other than those necessary to the action or proceeding.
(b)A hearing held under this chapter shall be public if specifically requested by a party to the petition.