AB 1300: Mental health: involuntary commitment.
- Session Year: 2015-2016
- House: Assembly
Under existing law, when a person, as a result of a mental disorder, is a danger to others, or to himself or herself, or is gravely disabled, he or she may, upon probable cause, be taken into custody by a peace officer, member of the attending staff of an evaluation facility, designated members of a mobile crisis team, or other designated professional person, and placed in a facility designated by the county and approved by the State Department of Health Care Services as a facility for 72-hour treatment and evaluation. Existing law requires that a written application be submitted to a facility before a person may be detained for evaluation and treatment on this basis, as specified.
This bill would specify, among other things, procedures for delivery of individuals to various facilities for mental health evaluation and treatment; procedures for probable cause determinations for detention and evaluation for treatment; terms and length of detention, when appropriate, in various types of facilities; and criteria for release from nondesignated hospitals, as defined. The bill would exempt specified providers of health services and peace officers from criminal or civil liability for the actions of a person after his or her release from detention, subject to specified exceptions. The bill would authorize certain providers of ambulance services to continue the detention of an individual for the purpose of transporting the individual to a designated facility. The bill would require a designated facility to accept, within its clinical capability and capacity, all persons for whom it is designated, without regard to insurance or financial status. The bill would also make changes to the methods by which the county is notified of the release of a person detained for evaluation and treatment, including notification through the 24-hour toll-free telephone number established by the countys mental health program.
This bill would additionally authorize a nondesignated emergency physician or psychiatric professional, upon probable cause, to take the person into custody for a period of up to 72 hours for the purpose of obtaining evaluation and treatment from a designated professional person or to arrange the transfer of the person to a designated facility. The bill would provide that an application for detention for evaluation and treatment is valid in all counties in which there is a designated facility to which the person may be taken. The bill would require a designated facility to accept, within its clinical capability and capacity, all categories of persons for whom it is designated, without regard to insurance or financial status. The bill would authorize the communication of patient information amongst peace officers, specified medical personnel, and qualified professionals during an emergency, for purposes of providing emergency services, referral, and placement for the person.
Bill Author
