AB 1193: Mental health services: assisted outpatient treatment.

Existing law, the Assisted Outpatient Treatment Demonstration Project Act of 2002, known as Lauras Law, until January 1, 2017, authorizes each county to elect elect, through a resolution adopted by the county board of supervisors or through the county budget process and along with a finding that specified mental health programs may not be reduced as a result of participation, to offer certain assisted outpatient treatment services for their residents. Existing law authorizes participating counties to pay for the services provided from moneys distributed to the counties from various continuously appropriated funds, including the Mental Health Services Fund when included in a county plan, as specified.

This bill would delete the provisions requirement that authorize a county to elect to participate in the program, and instead would require each county to implement the provisions of Lauras Law unless the board of supervisors of a county that elects not to participate in the program by enacting a resolution passed by the county board of supervisors. make the finding described above. The bill instead would require a county that has not held a specified public hearing by January 1, 2017, to hold a hearing by January 1, 2018, and would require the board of supervisors to consider both whether specified programs may be reduced as a result of participation and options for providing services other than court-ordered outpatient treatment, thereby imposing a state-mandated local program. The bill would extend the January 1, 2017, repeal date of those provisions until January 1, 2022.

Existing law authorizes various persons to request the county mental health director to file a petition in the superior court for an order for assisted outpatient treatment for a person who meets specified criteria. Existing law requires the county mental health director to investigate the appropriateness of filing a petition.

This bill would additionally authorize a judge in a superior court courts mental health court, reentry court, or other collaborative justice court available for improving the mental health of the defendant, or a probate court, as specified, to request a petition for that order to be filed for a person who appears before the judge. By imposing additional duties on county mental health directors, this bill would impose a state-mandated local program. The bill would make additional conforming changes.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.