AB 1443: Mental health: involuntary treatment.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2021-09-29
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary detention and treatment of persons with specified mental health disorders. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or 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 Health Care Services for up to 72 hours for evaluation and treatment. Existing law authorizes specified individuals to take a person into custody pursuant to these provisions, including designated members of a mobile crisis team and professional persons designated by the county. Existing law authorizes a county behavioral health director to develop procedures for the countys designation and training of professionals who will be authorized to perform these functions.
This bill would authorize a county to develop a training relating to those procedures for designation. The bill would require a county behavioral health director who denies or revokes an individuals designation to provide a written notification to the person who made the request for designation of the individual, and the individual who is the subject of the request for designation, describing the reasons for denial or revocation. The bill would require the County of Sacramento, if the county has adopted those procedures, to, by April 1, 2022, issue a written policy regarding those procedures. The bill would require the policy to contain specified components, including, among others, a requirement that the county behavioral health director of the County of Sacramento designate individuals employed by the City of Sacramento under certain circumstances. The bill would also prohibit a designated member of a mobile crisis team or a designated professional person from being held civilly or criminally liable, as a result of detaining or transporting a person pursuant to those provisions, for any action by the person detained or transported if they are released at or before the end of the 72-hour detention. By imposing new duties on counties, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento and the City of Sacramento.
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 the statutory provisions noted above.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary detention and treatment of persons with specified mental health disorders. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or 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 Health Care Services for up to 72 hours for evaluation and treatment. Existing law authorizes specified individuals to take a person into custody pursuant to these provisions, including designated members of a mobile crisis team and professional persons designated by the county. Existing law authorizes a county behavioral health director to develop procedures for the countys designation and training of professionals who will be authorized to perform these functions.
This bill would authorize a county to develop a training relating to those procedures for designation. The bill would require a county behavioral health director who denies or revokes an individuals designation to provide a written notification to the person who made the request for designation of the individual, and the individual who is the subject of the request for designation, describing the reasons for denial or revocation. The bill would require the County of Sacramento, if the county has adopted those procedures, to, by April 1, 2022, issue a written policy regarding those procedures. The bill would require the policy to contain specified components, including, among others, a requirement that the county behavioral health director of the County of Sacramento designate individuals employed by the City of Sacramento under certain circumstances. The bill would also prohibit a designated member of a mobile crisis team or a designated professional person from being held civilly or criminally liable, as a result of detaining or transporting a person pursuant to those provisions, for any action by the person detained or transported if they are released at or before the end of the 72-hour detention. By imposing new duties on counties, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento and the City of Sacramento.
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 the statutory provisions noted above.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary detention and treatment of persons with specified mental health disorders. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or 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 for up to 72 hours for evaluation and treatment. Existing law authorizes specified individuals to take a person into custody pursuant to these provisions, including designated members of a mobile crisis team and professional persons designated by the county. Existing law authorizes a county behavioral health director to develop procedures for the countys designation and training of professionals who will be authorized to perform these functions.
This bill would authorize a county to develop a training relating to taking, or causing to be taken, a person into custody pursuant to those provisions and would require a county to develop a written policy regarding designating members of a mobile crisis team and designating professional persons to take, or cause to be taken, a person into custody pursuant to those provisions. The bill would require the policy to contain specified components, including, among others, the process to receive that designation. The bill would also exempt an employee of a municipality who is a member of a mobile crisis team or a professional person, who has been designated by the county, and who is responsible for the detainment of the person from civil or criminal liability for any action by a person those procedures for designation. The bill would require a county behavioral health director who denies or revokes an individuals designation to provide a written notification to the person who made the request for designation of the individual, and the individual who is the subject of the request for designation, describing the reasons for denial or revocation. The bill would require the County of Sacramento, if the county has adopted those procedures, to, by April 1, 2022, develop a written policy regarding those procedures. The bill would require the policy to contain specified components, including, among others, a requirement that the county behavioral health director of the County of Sacramento designate individuals employed by the City of Sacramento under certain circumstances. The bill would also prohibit a designated member of a mobile crisis team or a designated professional person from being held civilly or criminally liable, as a result of detaining or transporting a person pursuant to those provisions, for any action by the person detained or transported if they are released at or before the end of the 72-hour detention. By imposing new duties on counties, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento and the City of Sacramento.
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 the statutory provisions noted above.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary detention and treatment of persons with specified mental health disorders. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or 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 for up to 72 hours for evaluation and treatment. Existing law authorizes specified individuals to take a person into custody pursuant to these provisions, including designated members of a mobile crisis team and professional persons designated by the county.
This bill would require authorize a county to develop a training relating to taking, or causing to be taken, a person into custody pursuant to those provisions and would require a county to develop a written policy regarding designating members of a mobile crisis team and designating professional persons to take, or cause to be taken, a person into custody pursuant to those provisions. The bill would require the policy to contain specified components, including, among others, the process to receive that designation. The bill would also exempt an employee of a municipality who is a member of a mobile crisis team or a professional person, who has been designated by the county, and who is responsible for the detainment of the person from civil or criminal liability for any action by a person released at or before the end of the 72-hour detention. By imposing new duties on counties, this bill would impose a state-mandated local program.
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 the statutory provisions noted above.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary detention and treatment of persons with specified mental health disorders for the protection of the persons committed. disorders. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or 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 for up to 72 hours for evaluation and treatment. Existing law requires a person admitted to a facility for 72-hour treatment and evaluation under the act to receive an evaluation as soon as possible after admission and to receive whatever treatment and care their condition requires for the period that the person is held. Other existing law, the Childrens Civil Commitment and Mental Health Treatment Act of 1988, provides additional procedural protections and requirements during those 72 hours for minors with mental health disorders who are involuntarily detained. Existing law requires these two acts to be construed to promote specified legislative intent, including providing prompt evaluation and treatment and guaranteeing and protecting public safety. Existing law authorizes specified individuals to take a person into custody pursuant to these provisions, including designated members of a mobile crisis team and professional persons designated by the county.
This bill would make technical, nonsubstantive changes to that provision relating to legislative intent.This bill would require a county to develop a training relating to taking, or causing to be taken, a person into custody pursuant to those provisions and would require a county to develop a written policy regarding designating members of a mobile crisis team and designating professional persons to take, or cause to be taken, a person into custody pursuant to those provisions. The bill would require the policy to contain specified components, including, among others, the process to receive that designation. The bill would also exempt an employee of a municipality who is a member of a mobile crisis team or a professional person, has been designated by the county, and is responsible for the detainment of the person from civil or criminal liability for any action by a person released at or before the end of the 72-hour detention. By imposing new duties on counties, this bill would impose a state-mandated local program.
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 the statutory provisions noted above.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary detention and treatment of persons with specified mental health disorders for the protection of the persons committed. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or 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 for up to 72 hours for evaluation and treatment. Existing law requires a person admitted to a facility for 72-hour treatment and evaluation under the act to receive an evaluation as soon as possible after admission and to receive whatever treatment and care their condition requires for the period that the person is held. Other existing law, the Childrens Civil Commitment and Mental Health Treatment Act of 1988, provides additional procedural protections and requirements during those 72 hours for minors with mental health disorders who are involuntarily detained. Existing law requires these two acts to be construed to promote specified legislative intent, including providing prompt evaluation and treatment and guaranteeing and protecting public safety.
This bill would make technical, nonsubstantive changes to that provision relating to legislative intent.
(a)The county behavioral health director may develop procedures for the countys designation and training of professionals who will be designated to perform functions under Section 5150. These procedures may include, but are not limited to, the following:
(1)The license types, practice disciplines, and clinical experience of professionals eligible to be designated by the county.
(2)The initial and ongoing training and testing requirements for professionals eligible to be designated by the county.
(3)The application and approval processes for professionals seeking to be designated by the county, including the timeframe for initial designation and procedures for renewal of the designation.
(4)The countys process for monitoring and reviewing professionals designated by the county to ensure appropriate compliance with state law, regulations, and county procedures.
(b)A county behavioral health director may develop a training for the procedures for designation developed pursuant to subdivision (a).
(c)If a county behavioral health director denies or revokes an individuals designation, the county behavioral health director shall, in writing, notify the person who made the request for designation of the individual and the individual who is the subject of the request for designation describing the reasons for denial or revocation.
(d)Designated members of a mobile crisis team and designated professional persons shall not be prohibited from transporting a person taken into custody pursuant to Section 5150.
(e)If the county behavioral health director of the County of Sacramento develops procedures pursuant to subdivision (a), the county behavioral health director of the County of Sacramento shall, by April 1, 2022, issue a written policy regarding the procedures developed pursuant to subdivision (a). The policy shall address, at a minimum, the topics identified in paragraphs (1) to (4), inclusive, of subdivision (a). The policy shall require the county behavioral health director of the County of Sacramento to designate individuals employed by the City of Sacramento who are also members of a mobile crisis team or who are also professional persons if all of the following are true:
(1)The City of Sacramento submits a written request to the county behavioral health director.
(2)The individuals meet the requirements for designation included in the policy.
(3)If the county behavioral health director of the County of Sacramento has developed a training pursuant to subdivision (b), the individuals have completed that training.
SEC. 2.Section 5154 of the Welfare and Institutions Code is amended to read:5154.(a)Notwithstanding Section 5113, if the provisions of Section 5152 have been met, the professional person in charge of the facility providing 72-hour treatment and evaluation, their designee, the medical director of the facility or their designee described in Section 5152, the psychiatrist directly responsible for the persons treatment, or the psychologist shall not be held civilly or criminally liable for any action by a person released before the end of 72 hours pursuant to this article.
(b)The professional person in charge of the facility providing 72-hour treatment and evaluation, their designee, the medical director of the facility or their designee described in Section 5152, the psychiatrist directly responsible for the persons treatment, or the psychologist shall not be held civilly or criminally liable for any action by a person released at the end of the 72 hours pursuant to this article.
(c)The peace officer responsible for the detainment of the person shall not be civilly or criminally liable for any action by a person released at or before the end of the 72 hours pursuant to this article.
(d)A member of a mobile crisis team or a professional person who has been designated by the county pursuant to Section 5121 and who detains or transports a person pursuant to Section 5150 shall not, as a result of detaining or transporting the person, be civilly or criminally liable for any action by the person if the person is released at or before the end of the 72 hours pursuant to this article.
(e)The amendments to this section made by Assembly Bill 348 of the 200304 Regular Session shall not be construed to revise or expand the scope of practice of psychologists, as defined in Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to determine if requiring a written policy to designate individuals to perform functions under Section 5150 of the Welfare and Institutions Code, and if requiring a county to designate employees of a municipality within that county to perform those functions, is necessary on a statewide basis.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The county behavioral health director may develop procedures for the countys designation and training of professionals who will be designated to perform functions under Section 5150. These procedures may include, but are not limited to, the following:
(1)The license types, practice disciplines, and clinical experience of professionals eligible to be designated by the county.
(2)The initial and ongoing training and testing requirements for professionals eligible to be designated by the county.
(3)The application and approval processes for professionals seeking to be designated by the county, including the timeframe for initial designation and procedures for renewal of the designation.
(4)The countys process for monitoring and reviewing professionals designated by the county to ensure appropriate compliance with state law, regulations, and county procedures.
(b)A county behavioral health director may develop a training for the procedures for designation developed pursuant to subdivision (a).
(c)If a county behavioral health director denies or revokes an individuals designation, the county behavioral health director shall, in writing, notify the person who made the request for designation of the individual and the individual who is the subject of the request for designation describing the reasons for denial or revocation.
(d)Designated members of a mobile crisis team and designated professional persons shall not be prohibited from transporting a person taken into custody pursuant to Section 5150.
(e)If the county behavioral health director of the County of Sacramento develops procedures pursuant to subdivision (a), the county behavioral health director of the County of Sacramento shall, by April 1, 2022, issue a written policy regarding the procedures developed pursuant to subdivision (a). The policy shall address, at a minimum, the topics identified in paragraphs (1) to (4), inclusive, of subdivision (a). The policy shall require the county behavioral health director of the County of Sacramento to designate individuals employed by the City of Sacramento who are also members of a mobile crisis team or who are also professional persons if all of the following are true:
(1)The City of Sacramento submits a written request to the county behavioral health director.
(2)The individuals meet the requirements for designation included in the policy.
(3)If the county behavioral health director of the County of Sacramento has developed a training pursuant to subdivision (b), the individuals have completed that training.
SEC. 2.Section 5154 of the Welfare and Institutions Code is amended to read:5154.(a)Notwithstanding Section 5113, if the provisions of Section 5152 have been met, the professional person in charge of the facility providing 72-hour treatment and evaluation, their designee, the medical director of the facility or their designee described in Section 5152, the psychiatrist directly responsible for the persons treatment, or the psychologist shall not be held civilly or criminally liable for any action by a person released before the end of 72 hours pursuant to this article.
(b)The professional person in charge of the facility providing 72-hour treatment and evaluation, their designee, the medical director of the facility or their designee described in Section 5152, the psychiatrist directly responsible for the persons treatment, or the psychologist shall not be held civilly or criminally liable for any action by a person released at the end of the 72 hours pursuant to this article.
(c)The peace officer responsible for the detainment of the person shall not be civilly or criminally liable for any action by a person released at or before the end of the 72 hours pursuant to this article.
(d)A member of a mobile crisis team or a professional person who has been designated by the county pursuant to Section 5121 and who detains or transports a person pursuant to Section 5150 shall not, as a result of detaining or transporting the person, be civilly or criminally liable for any action by the person if the person is released at or before the end of the 72 hours pursuant to this article.
(e)The amendments to this section made by Assembly Bill 348 of the 200304 Regular Session shall not be construed to revise or expand the scope of practice of psychologists, as defined in Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to determine if requiring a written policy to designate individuals to perform functions under Section 5150 of the Welfare and Institutions Code, and if requiring a county to designate employees of a municipality within that county to perform those functions, is necessary on a statewide basis.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The county behavioral health director may develop procedures for the countys designation and training of professionals who will be designated to perform functions under Section 5150. These procedures may include, but are not limited to, the following:
(a)(1)The license types, practice disciplines, and clinical experience of professionals eligible to be designated by the county.
(b)(2)The initial and ongoing training and testing requirements for professionals eligible to be designated by the county.
(c)(3)The application and approval processes for professionals seeking to be designated by the county, including the timeframe for initial designation and procedures for renewal of the designation.
(d)(4)The countys process for monitoring and reviewing professionals designated by the county to ensure appropriate compliance with state law, regulations, and county procedures.
(b)A county behavioral health director may develop a training for the procedures for designation developed pursuant to subdivision (a).
(c)If a county behavioral health director denies or revokes an individuals designation, the county behavioral health director shall, in writing, notify the person who made the request for designation of the individual and the individual who is the subject of the request for designation describing the reasons for denial or revocation.
(d)Designated members of a mobile crisis team and designated professional persons shall not be prohibited from transporting a person taken into custody pursuant to Section 5150.
(e)If the county behavioral health director of the County of Sacramento develops procedures pursuant to subdivision (a), the county behavioral health director of the County of Sacramento shall, by April 1, 2022, issue a written policy regarding the procedures developed pursuant to subdivision (a). The policy shall address, at a minimum, the topics identified in paragraphs (1) to (4), inclusive, of subdivision (a). The policy shall require the county behavioral health director of the County of Sacramento to designate individuals employed by the City of Sacramento who are also members of a mobile crisis team or who are also professional persons if all of the following are true:
(1)The City of Sacramento submits a written request to the county behavioral health director.
(2)The individuals meet the requirements for designation included in the policy.
(3)If the county behavioral health director of the County of Sacramento has developed a training pursuant to subdivision (b), the individuals have completed that training.
SEC. 2.Section 5154 of the Welfare and Institutions Code is amended to read:5154.(a)Notwithstanding Section 5113, if the provisions of Section 5152 have been met, the professional person in charge of the facility providing 72-hour treatment and evaluation, their designee, the medical director of the facility or their designee described in Section 5152, the psychiatrist directly responsible for the persons treatment, or the psychologist shall not be held civilly or criminally liable for any action by a person released before the end of 72 hours pursuant to this article.
(b)The professional person in charge of the facility providing 72-hour treatment and evaluation, their designee, the medical director of the facility or their designee described in Section 5152, the psychiatrist directly responsible for the persons treatment, or the psychologist shall not be held civilly or criminally liable for any action by a person released at the end of the 72 hours pursuant to this article.
(c)The peace officer responsible for the detainment of the person shall not be civilly or criminally liable for any action by a person released at or before the end of the 72 hours pursuant to this article.
(d)An employee of a municipality who is a member of a mobile crisis team or a professional person, has been designated by the county pursuant to Section 5150.3, and is responsible for the detainment of the person shall not be civilly or criminally liable for any action by a person released at or before the end of the 72 hours pursuant to this article.(d)A member of a mobile crisis team or a professional person who has been designated by the county pursuant to Section 5121 and who detains or transports a person pursuant to Section 5150 shall not, as a result of detaining or transporting the person, be civilly or criminally liable for any action by the person if the person is released at or before the end of the 72 hours pursuant to this article.
(e)The amendments to this section made by Assembly Bill 348 of the 200304 Regular Session shall not be construed to revise or expand the scope of practice of psychologists, as defined in Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to determine if requiring a written policy to designate individuals to perform functions under Section 5150 of the Welfare and Institutions Code, and if requiring a county to designate employees of a municipality within that county to perform those functions, is necessary on a statewide basis.
SEC. 3.SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)A county shall may develop a training relating to taking, or causing to be taken, a person into custody pursuant to Section 5150.
(b)A county shall develop a written policy regarding designating members of a mobile crisis team and designating professional persons to take, or cause to be taken, individuals into custody pursuant to Section 5150. The policy shall address, at a minimum, the requirements an individual must satisfy, and the process, to receive that designation. The policy shall require the county to designate individuals employed by a municipality within the county who are members of a mobile crisis team or professional persons to take, or cause to be taken, individuals into custody pursuant to Section 5150 if all of the following are true:
(1)The municipality submits a written request to the county.
(2)The individuals meet the requirements for designation included in the policy.
(3)The individuals have completed the training developed pursuant to subdivision (a).(3)If the county has developed a training pursuant to subdivision (a), the individuals have completed that training.
(4)The county does not have good cause to deny the request.
(c)Designated members of a mobile crisis team and designated professional persons who meet the requirements of the policy developed pursuant to subdivision (b) shall be permitted to take, or cause to take, a person into custody pursuant to Section 5150 and shall not be prohibited from transporting a person taken into custody pursuant to Section 5150.
SEC. 2.Section 5154 of the Welfare and Institutions Code is amended to read:5154.(a)Notwithstanding Section 5113, if the provisions of Section 5152 have been met, the professional person in charge of the facility providing 72-hour treatment and evaluation, their designee, the medical director of the facility or their designee described in Section 5152, the psychiatrist directly responsible for the persons treatment, or the psychologist shall not be held civilly or criminally liable for any action by a person released before the end of 72 hours pursuant to this article.
(b)The professional person in charge of the facility providing 72-hour treatment and evaluation, their designee, the medical director of the facility or their designee described in Section 5152, the psychiatrist directly responsible for the persons treatment, or the psychologist shall not be held civilly or criminally liable for any action by a person released at the end of the 72 hours pursuant to this article.
(c)The peace officer responsible for the detainment of the person shall not be civilly or criminally liable for any action by a person released at or before the end of the 72 hours pursuant to this article.
(d)An employee of a municipality who is a member of a mobile crisis team or a professional person, has been designated by the county pursuant to Section 5150.3, and is responsible for the detainment of the person shall not be civilly or criminally liable for any action by a person released at or before the end of the 72 hours pursuant to this article.
(e)The amendments to this section made by Assembly Bill 348 of the 200304 Regular Session shall not be construed to revise or expand the scope of practice of psychologists, as defined in Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)A county shall develop a training relating to taking, or causing to be taken, a person into custody pursuant to Section 5150.
(b)A county shall develop a written policy regarding designating members of a mobile crisis team and designating professional persons to take, or cause to be taken, individuals into custody pursuant to Section 5150. The policy shall address, at a minimum, the requirements an individual must satisfy, and the process, to receive that designation. The policy shall require the county to designate individuals employed by a municipality within the county who are members of a mobile crisis team or professional persons to take, or cause to be taken, individuals into custody pursuant to Section 5150 if all of the following are true:
(1)The municipality submits a written request to the county.
(2)The individuals meet the requirements for designation included in the policy.
(3)The individuals have completed the training developed pursuant to subdivision (a).
(4)The county does not have good cause to deny the request.
SEC. 2.Section 5154 of the Welfare and Institutions Code is amended to read:5154.(a)Notwithstanding Section 5113, if the provisions of Section 5152 have been met, the professional person in charge of the facility providing 72-hour treatment and evaluation, his or her their designee, the medical director of the facility or his or her their designee described in Section 5152, the psychiatrist directly responsible for the persons treatment, or the psychologist shall not be held civilly or criminally liable for any action by a person released before the end of 72 hours pursuant to this article.
(b)The professional person in charge of the facility providing 72-hour treatment and evaluation, his or her their designee, the medical director of the facility or his or her their designee described in Section 5152, the psychiatrist directly responsible for the persons treatment, or the psychologist shall not be held civilly or criminally liable for any action by a person released at the end of the 72 hours pursuant to this article.
(c)The peace officer responsible for the detainment of the person shall not be civilly or criminally liable for any action by a person released at or before the end of the 72 hours pursuant to this article.
(d)An employee of a municipality who is a member of a mobile crisis team or a professional person, has been designated by the county pursuant to Section 5150.3, and is responsible for the detainment of the person shall not be civilly or criminally liable for any action by a person released at or before the end of the 72 hours pursuant to this article.
(d)(e)The amendments to this section made by Assembly Bill 348 of the 200304 Regular Session shall not be construed to revise or expand the scope of practice of psychologists, as defined in Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 5001 of the Welfare and Institutions Code is amended to read:5001.The provisions of this part and Part 1.5 (commencing with Section 5585) shall be construed to promote the legislative intent, as follows:(a)To end the inappropriate, indefinite, and involuntary commitment of persons with mental health disorders, developmental disabilities, and chronic alcoholism, and to eliminate legal disabilities.(b)To provide prompt evaluation and treatment of persons with mental health disorders or who are impaired by chronic alcoholism.(c)To guarantee and protect public safety.(d)To safeguard individual rights through judicial review.(e)To provide individualized treatment, supervision, and placement services by a conservatorship program for persons who are gravely disabled.(f)To encourage the full use of all existing agencies, professional personnel, and public funds to accomplish these objectives, and to prevent duplication of services and unnecessary expenditures.(g)To protect persons with mental health disorders and developmental disabilities from criminal acts.(h)To provide consistent standards for protection of the personal rights of persons receiving services under this part and under Part 1.5 (commencing with Section 5585).(i)To provide services in the least restrictive setting appropriate to the needs of each person receiving services under this part and under Part 1.5 (commencing with Section 5585).The provisions of this part and Part 1.5 (commencing with Section 5585) shall be construed to promote the legislative intent intent, as follows:
(a)To end the inappropriate, indefinite, and involuntary commitment of persons with mental health disorders, developmental disabilities, and chronic alcoholism, and to eliminate legal disabilities.
(b)To provide prompt evaluation and treatment of persons with mental health disorders or who are impaired by chronic alcoholism.
(c)To guarantee and protect public safety.
(d)To safeguard individual rights through judicial review.
(e)To provide individualized treatment, supervision, and placement services by a conservatorship program for persons who are gravely disabled.
(f)To encourage the full use of all existing agencies, professional personnel, and public funds to accomplish these objectives objectives, and to prevent duplication of services and unnecessary expenditures.
(g)To protect persons with mental health disorders and developmental disabilities from criminal acts.
(h)To provide consistent standards for protection of the personal rights of persons receiving services under this part and under Part 1.5 (commencing with Section 5585).
(i)To provide services in the least restrictive setting appropriate to the needs of each person receiving services under this part and under Part 1.5 (commencing with Section 5585).
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Date
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Status
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| Sep 29, 2021 | Chaptered by Secretary of State - Chapter 399, Statutes of 2021. |
| Sep 29, 2021 | Approved by the Governor. |
| Sep 9, 2021 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 1, 2021 | Assembly Rule 77 suspended. (Ayes 58. Noes 17. Page 2625.) |
| Aug 31, 2021 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77. |
| Aug 30, 2021 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2240.). |
| Aug 17, 2021 | Read second time. Ordered to Consent Calendar. |
| Aug 16, 2021 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jul 14, 2021 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (July 13). Re-referred to Com. on APPR. |
| Jul 8, 2021 | Read second time and amended. Re-referred to Com. on JUD. |
| Jul 7, 2021 | From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 9. Noes 0.) (July 7). |
| Jun 16, 2021 | Referred to Coms. on HEALTH and JUD. |
| Jun 2, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 1, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1741.) |
| May 24, 2021 | Read second time. Ordered to third reading. |
| May 20, 2021 | From committee: Do pass. (Ayes 16. Noes 0.) (May 20). |
| May 12, 2021 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 10, 2021 | Re-referred to Com. on APPR. |
| May 6, 2021 | From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended. |
| Apr 21, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 20). Re-referred to Com. on APPR. |
| Mar 22, 2021 | Re-referred to Com. on HEALTH. |
| Mar 18, 2021 | Referred to Com. on HEALTH. |
| Feb 22, 2021 | Read first time. |
| Feb 20, 2021 | From printer. May be heard in committee March 22. |
| Feb 19, 2021 | Introduced. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 1, 2021 | AB 1443 McCarty Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 30, 2021 | Consent Calendar AB1443 | Senate Floor |
Passed |
|
| Jun 1, 2021 | AB 1443 McCarty Assembly Third Reading | Assembly Floor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Bill Author
Bill Co-Author(s):