California 2023 2023-2024 Regular Session

California Senate Bill SB35 Introduced / Bill

Filed 12/05/2022

                    CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 35Introduced by Senator UmbergDecember 05, 2022 An act to amend Section 5973 of the Welfare and Institutions Code, relating to courts. LEGISLATIVE COUNSEL'S DIGESTSB 35, as introduced, Umberg. Community Assistance, Recovery, and Empowerment (CARE) Court Program.Existing law, the Community Assistance, Recovery, and Empowerment (CARE) Act, effective January 1, 2023, authorizes specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services, to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria.Existing law authorizes CARE Act proceedings to commence in the county where the respondent resides, is found, or is facing criminal or civil proceedings.This bill would make technical, nonsubstantive changes to that provision.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 5973 of the Welfare and Institutions Code, as added by Chapter 319 of the Statutes of 2022, is amended to read:5973. (a) Proceedings A proceeding under this part may be commenced in any of the following:(1) The county in which the respondent resides.(2) The county where the respondent is found.(3) The county where the respondent is facing criminal or civil proceedings.(b) If the respondent does not reside in the county in which proceedings are a proceeding is initiated under this subdivision, as determined in accordance with Section 244 of the Government Code, except as provided in subdivision (e) of Section 5982, and this part is operative in the respondents county of residence, the proceeding shall, with the respondents consent, be transferred to the county of residence as soon as reasonably feasible. Should the respondent not consent to the transfer, the proceedings shall continue in the county where the respondent was found.

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 35Introduced by Senator UmbergDecember 05, 2022 An act to amend Section 5973 of the Welfare and Institutions Code, relating to courts. LEGISLATIVE COUNSEL'S DIGESTSB 35, as introduced, Umberg. Community Assistance, Recovery, and Empowerment (CARE) Court Program.Existing law, the Community Assistance, Recovery, and Empowerment (CARE) Act, effective January 1, 2023, authorizes specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services, to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria.Existing law authorizes CARE Act proceedings to commence in the county where the respondent resides, is found, or is facing criminal or civil proceedings.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 





 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Senate Bill 

No. 35

Introduced by Senator UmbergDecember 05, 2022

Introduced by Senator Umberg
December 05, 2022

 An act to amend Section 5973 of the Welfare and Institutions Code, relating to courts. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 35, as introduced, Umberg. Community Assistance, Recovery, and Empowerment (CARE) Court Program.

Existing law, the Community Assistance, Recovery, and Empowerment (CARE) Act, effective January 1, 2023, authorizes specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services, to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria.Existing law authorizes CARE Act proceedings to commence in the county where the respondent resides, is found, or is facing criminal or civil proceedings.This bill would make technical, nonsubstantive changes to that provision.

Existing law, the Community Assistance, Recovery, and Empowerment (CARE) Act, effective January 1, 2023, authorizes specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services, to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria.

Existing law authorizes CARE Act proceedings to commence in the county where the respondent resides, is found, or is facing criminal or civil proceedings.

This bill would make technical, nonsubstantive changes to that provision.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 5973 of the Welfare and Institutions Code, as added by Chapter 319 of the Statutes of 2022, is amended to read:5973. (a) Proceedings A proceeding under this part may be commenced in any of the following:(1) The county in which the respondent resides.(2) The county where the respondent is found.(3) The county where the respondent is facing criminal or civil proceedings.(b) If the respondent does not reside in the county in which proceedings are a proceeding is initiated under this subdivision, as determined in accordance with Section 244 of the Government Code, except as provided in subdivision (e) of Section 5982, and this part is operative in the respondents county of residence, the proceeding shall, with the respondents consent, be transferred to the county of residence as soon as reasonably feasible. Should the respondent not consent to the transfer, the proceedings shall continue in the county where the respondent was found.

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 5973 of the Welfare and Institutions Code, as added by Chapter 319 of the Statutes of 2022, is amended to read:5973. (a) Proceedings A proceeding under this part may be commenced in any of the following:(1) The county in which the respondent resides.(2) The county where the respondent is found.(3) The county where the respondent is facing criminal or civil proceedings.(b) If the respondent does not reside in the county in which proceedings are a proceeding is initiated under this subdivision, as determined in accordance with Section 244 of the Government Code, except as provided in subdivision (e) of Section 5982, and this part is operative in the respondents county of residence, the proceeding shall, with the respondents consent, be transferred to the county of residence as soon as reasonably feasible. Should the respondent not consent to the transfer, the proceedings shall continue in the county where the respondent was found.

SECTION 1. Section 5973 of the Welfare and Institutions Code, as added by Chapter 319 of the Statutes of 2022, is amended to read:

### SECTION 1.

5973. (a) Proceedings A proceeding under this part may be commenced in any of the following:(1) The county in which the respondent resides.(2) The county where the respondent is found.(3) The county where the respondent is facing criminal or civil proceedings.(b) If the respondent does not reside in the county in which proceedings are a proceeding is initiated under this subdivision, as determined in accordance with Section 244 of the Government Code, except as provided in subdivision (e) of Section 5982, and this part is operative in the respondents county of residence, the proceeding shall, with the respondents consent, be transferred to the county of residence as soon as reasonably feasible. Should the respondent not consent to the transfer, the proceedings shall continue in the county where the respondent was found.

5973. (a) Proceedings A proceeding under this part may be commenced in any of the following:(1) The county in which the respondent resides.(2) The county where the respondent is found.(3) The county where the respondent is facing criminal or civil proceedings.(b) If the respondent does not reside in the county in which proceedings are a proceeding is initiated under this subdivision, as determined in accordance with Section 244 of the Government Code, except as provided in subdivision (e) of Section 5982, and this part is operative in the respondents county of residence, the proceeding shall, with the respondents consent, be transferred to the county of residence as soon as reasonably feasible. Should the respondent not consent to the transfer, the proceedings shall continue in the county where the respondent was found.

5973. (a) Proceedings A proceeding under this part may be commenced in any of the following:(1) The county in which the respondent resides.(2) The county where the respondent is found.(3) The county where the respondent is facing criminal or civil proceedings.(b) If the respondent does not reside in the county in which proceedings are a proceeding is initiated under this subdivision, as determined in accordance with Section 244 of the Government Code, except as provided in subdivision (e) of Section 5982, and this part is operative in the respondents county of residence, the proceeding shall, with the respondents consent, be transferred to the county of residence as soon as reasonably feasible. Should the respondent not consent to the transfer, the proceedings shall continue in the county where the respondent was found.



5973. (a) Proceedings A proceeding under this part may be commenced in any of the following:

(1) The county in which the respondent resides.

(2) The county where the respondent is found.

(3) The county where the respondent is facing criminal or civil proceedings.

(b) If the respondent does not reside in the county in which proceedings are a proceeding is initiated under this subdivision, as determined in accordance with Section 244 of the Government Code, except as provided in subdivision (e) of Section 5982, and this part is operative in the respondents county of residence, the proceeding shall, with the respondents consent, be transferred to the county of residence as soon as reasonably feasible. Should the respondent not consent to the transfer, the proceedings shall continue in the county where the respondent was found.