Existing law authorizes a county to establish a homeless adult and family multidisciplinary personnel team, as defined, with the goal of facilitating the expedited identification, assessment, and linkage of homeless individuals to housing and supportive services within that county and to allow provider agencies to share confidential information for the purpose of coordinating housing and supportive services to ensure continuity of care.

This bill would authorize a county to also establish a behavioral health multidisciplinary personnel team, as defined, with the goal of facilitating the expedited identification, assessment, and linkage of a justice-involved person, as defined, diagnosed with a mental illness to supportive services within that county while incarcerated and upon release from county jail and to allow provider agencies and members of the personnel team to share confidential information, as specified, for the purpose of coordinating supportive services to ensure continuity of care. The bill would require the sharing of information permitted under these provisions to be governed by protocols developed in each county, as specified.

This bill would authorize a behavioral health multidisciplinary personnel team to designate a qualified person to be a member of the team for a particular case and would require a member who receives information or records regarding a justice-involved person in their capacity as a member of the team to be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The bill would also require the information or records to be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.

Existing law authorizes a county to establish a homeless adult and family multidisciplinary personnel team, as defined, with the goal of facilitating the expedited identification, assessment, and linkage of homeless individuals to housing and supportive services within that county and to allow provider agencies to share confidential information for the purpose of coordinating housing and supportive services to ensure continuity of care.

This bill would authorize a county to also establish a mental behavioral health multidisciplinary personnel team, as defined, with the goal of facilitating the expedited identification, assessment, and linkage of a justice-involved person, as defined, diagnosed with a mental illness to supportive services within that county while incarcerated and upon release from county jail and to allow provider agencies and members of the personnel team to share confidential information, as specified, for the purpose of coordinating supportive services to ensure continuity of care. The bill would require the sharing of information permitted under these provisions to be governed by protocols developed in each county, as specified.

This bill would authorize a mental behavioral health multidisciplinary personnel team to designate a qualified person to be a member of the team for a particular case and would require a member who receives information or records regarding a justice-involved person in their capacity as a member of the team to be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The bill would also require the information or records to be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.

Existing law authorizes a county to establish a homeless adult and family multidisciplinary personnel team, as defined, with the goal of facilitating the expedited identification, assessment, and linkage of homeless individuals to housing and supportive services within that county and to allow provider agencies to share confidential information for the purpose of coordinating housing and supportive services to ensure continuity of care.

This bill would authorize counties a county to also establish a mental health multidisciplinary personnel team, as defined, with the goal of facilitating the expedited identification, assessment, and linkage of a justice-involved person, as defined, diagnosed with a mental illness to supportive services within that county while incarcerated and upon release from county jail and to allow provider agencies and members of the personnel team to share confidential information, as specified, for the purpose of coordinating supportive services to ensure continuity of care. The bill would require the sharing of information permitted under these provisions to be governed by protocols developed in each county, as specified, and would require each county to provide a copy of its protocols to the State Department of Health Care Services. specified.

This bill would authorize the a mental health multidisciplinary personnel team to designate a qualified person to be a member of the team for a particular case and would require every a member who receives information or records regarding a justice-involved person in their capacity as a member of the team to be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The bill would also require the information or records to be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.

Existing law establishes the State Department of State Hospitals within the California Health and Human Services Agency and sets forth its powers and duties relating to the administration of the state hospitals, including, but not limited to, the execution of laws relating to care and treatment of persons with mental health disorders under the custody of the department.

This bill would make technical, nonsubstantive changes to those provisions.

GOVERNOR'S VETO

GV Bill Id:AB 1387

Author:(Quirk-Silva)

As Enrolled Ver:August 20, 2025

2/3 vote

SUMMARY

Authorizes counties to establish a behavioral health multidisciplinary personnel team.

Major Provisions:

1. Allows a county to establish a behavioral health multidisciplinary personnel team with the goal of facilitating the expedited identification, assessment, and linkage of justice-involved (JI) persons diagnosed with a behavioral illness to supportive services within that county while incarcerated and upon release from county jail and to allow provider agencies and members of the personnel team to share confidential information for the purpose of coordinating supportive services to ensure continuity of care.
2. Defines the following terms:
   1. "Justice-involved person" as "an individual who is currently incarcerated within a county jail or who has been incarcerated in an county jail";
   2. "Behavioral health multidisciplinary personnel team" as "any team of two or more persons who are trained in the identification and treatment of individuals with behavioral illness, and who are qualified to provide a broad range of services related to behavioral health." The team may include, but not be limited to, all of the following:
      1. Behavioral health and substance abuse services personnel and practioners or other trained counseling personnel;
      2. Medical personnel with sufficient training to provide health services;
      3. Social services workers with experience or training in the provision of services to adults with behavioral illness and eligibility for services; and,
      4. Case managers or case coordinators responsible for referral, linkage, or coordination of care and services provided to adults
   3. "Provider agency" as "any governmental or other agency that has, as one of its purposes, the identification, assessment, and linkage of housing or supportive services to individuals with behavioral illness." The provider agencies serving adults that may share information under this section include, but are not limited to, all of the following entities or service agencies:
      1. Social services;
      2. Health services;
      3. Behavioral health services;
      4. Substance abuse services;
      5. Probation;
      6. Law enforcement;
      7. Legal counsel for the adult or family representing them in a criminal matter;
      8. Veterans services and counseling; and,
      9. Homeless services.
3. Authorizes members of a behavioral health multidisciplinary personnel team to disclose and exchange information and writings with one another that relate to any information that may be designated as confidential under state law if the member of the team reasonably believes it is generally relevant to the identification of behavioral illness and the provision of services.
4. Provides that any discussion between team members, is confidential and, notwithstanding any other law, testimony concerning that discussion is not admissible in any criminal, civil, or juvenile court proceeding.
5. Provides that the disclosure and exchange of information of the multidisciplinary personnel team may occur electronically if there is adequate verification of the identity of the behavioral health multidisciplinary personnel who are involved in that disclosure or exchange of information.
6. Requires the disclosure and exchange of information between the multidisciplinary personnel team not be made to anyone other than members of the behavioral health multidisciplinary personnel team, and designated persons qualified to receive information by the team.
7. Allows a multidisciplinary personnel team to designate persons qualified to be a member of the team for a particular case.
8. Permits a person designated as a team member to receive and disclose relevant information and records, subject to confidentiality provisions, as specified.
9. Requires the sharing of information permitted, as specified, to be governed by protocols developed in each county describing how and what information may be shared by the behavioral health multidisciplinary personnel team to ensure that confidential information gathered by the team is not disclosed in violation of state or federal law.
10. Requires a copy of the protocols be distributed to each participating agency and to persons in those agencies who participate in the multidisciplinary personnel team, and be posted on the county's website within 30 days of adoption.
11. Requires each participating county to provide a copy of its protocols to the State Department of Healthcare Services (DHCS).
12. States the sharing of information by behavioral health multidisciplinary personal team members shall not be construed to require the DHCS to review or approve any multidisciplinary personnel team county protocols it receives.
13. Requires a protocol developed in a county, as specified, to include, but not be limited to, all of the following:
    1. The items of information or data elements that will be shared;
    2. The participating agencies;
    3. A description of how the information shared will be used by the behavioral health multidisciplinary personnel team only for the intended purposes as specified;
    4. The information retention schedule that participating agencies shall follow;
    5. A requirement that no confidential information or writings be disclosed to persons who are not members of the multidisciplinary personnel team except to the extent required or permitted under applicable law;
    6. A requirement that participating agencies develop uniform written policies and procedures that include security and privacy awareness training for employees who will have access to information pursuant to this protocol;
    7. A requirement that all persons who have access to information shared by participating agencies sign a confidentiality statement that includes, at a minimum, general use, security safeguards, acceptable use, and enforcement policies;
    8. A requirement that participating agencies employ security controls that meet applicable federal and state standards, including reasonable administrative, technical, and physical safeguards to ensure data confidentiality, integrity, and availability and to prevent unauthorized or inappropriate access, use, or disclosure; and,
    9. A requirement that participating agencies take reasonable steps to ensure information is complete, accurate, and up to date to the extent necessary for the agency's intended purposes and that the information has not been altered or destroyed in an unauthorized manner.
14. Subjects every member of the behavioral health multidisciplinary personnel team members who receives information or records regarding a JI person in that member's capacity as a member of the team to be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records.
15. Requires the information obtained to be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.
16. Provides that these provisions shall not be construed to restrict guarantees of confidentiality provided under state or federal law.
17. Requires information and records communicated or provided to the team members by all providers and agencies to be deemed private and confidential and to be protected from discovery or disclosure by all applicable statutory and common law protections.
18. States that existing civil and criminal penalties shall apply to the inappropriate disclosure of information held by the team members.

Governor's Veto Message

"This bill would authorize counties to establish a behavioral health multidisciplinary personnel team to serve justice-involved |JI| individuals with mental illness and allow provider agencies to share information to coordinate supportive services.

"Last year, I vetoed a nearly identical bill, staling it was both premature and duplicative of the Department of Health Care Services (DHCS) ColAIM JI Initiative. Through this initiative, counties are already allowed to establish multidisciplinary teams and share confidential information among providers to ensure JI individuals have continuity of coverage upon release and access to essential health services that will help them successfully return to their communities.

"While I appreciate the author's commitment to this issue, like its predecessor, this bill remains duplicative of these existing efforts. It would be more likel to assess this proposal following full implementation of the CalAIM JI Initiative and once data is available to identify any remaining gaps.

"For these reasons, I cannot sign this bill."

COMMENTS

According to the Author

"California's justice system cannot achieve true rehabilitation without addressing the behavioral health crisis in our correctional facilities. More than half of those incarcerated struggle with behavioral health challenges, yet too many do not receive the care they need. AB 1387 ensures that every individual receives consistent, coordinated treatment from the beginning of incarceration through release. By breaking down barriers to information-sharing and prioritizing continuity of care, this bill strengthens public safety, reduces recidivism, and upholds our commitment to a more just and effective rehabilitation system"

Arguments in Support

According to the California State Sheriffs' Association: In recent years, the initiative known as California Advancing and Innovating Medi-Cal (CalAIM) was introduced to improve health outcomes for Medi-Cal enrollees, including those with complex health and behavioral health needs. A key component of CalAIM is the Prerelease/In-reach Care initiative, which allows Medi-Cal to provide limited services to incarcerated individuals for up to 90 days before their release.

While CalAIM seeks to improve outcomes for justice-involved individuals and focuses on a limited set of Medi-Cal services in the 90 days before release, AB 1387 ensures continuous behavioral health assessment and treatment from the start of incarceration through release. Unlike CalAIM's traditional service model, AB 1387 facilitates real-time, legally compliant information sharing between behavioral health and correctional staff, ensuring timely interventions and more effective treatment. Additionally, this proposal grants local control to counties, allowing them to tailor services beyond Medi-Cal eligibility constraints.

Arguments in Opposition

None submitted.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, "No significant state costs."

VOTES

ASM PUBLIC SAFETY: 9-0-0

YES: Schultz, Alanis, Mark González, Haney, Harabedian, Lackey, Nguyen, Ramos, Sharp‑Collins

ASM PRIVACY AND CONSUMER PROTECTION: 13-0-2

YES: Bauer-Kahan, Bennett, Bryan, Flora, Irwin, Lowenthal, Ortega, Patterson, Pellerin, Petrie‑Norris, Ward, Wicks, Wilson

ABS, ABST OR NV: Dixon, DeMaio

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa

ASSEMBLY FLOOR: 76-0-3

YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer‑Kahan, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

ABS, ABST OR NV: Bennett, Jeff Gonzalez, Nguyen

SENATE FLOOR: 35-0-5

YES: Allen, Archuleta, Arreguín, Ashby, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Pérez, Richardson, Rubio, Seyarto, Smallwood‑Cuevas, Stern, Strickland, Valladares, Wahab, Weber Pierson, Wiener

ABS, ABST OR NV: Alvarado-Gil, Becker, Padilla, Reyes, Umberg

UPDATED

VERSION: August 20, 2025

CONSULTANT: Kimberly Horiuchi / PUB. S. / (916) 319-3744 FN: 0001440

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1387

Author:(Quirk-Silva)

As Amended Ver:June 26, 2025

Majority vote

SUMMARY

Authorizes counties to establish a behavioral health multidisciplinary personnel team.

Major Provisions:

1. Allows a county to establish a behavioral health multidisciplinary personnel team with the goal of facilitating the expedited identification, assessment, and linkage of justice-involved (JI) persons diagnosed with a behavioral illness to supportive services within that county while incarcerated and upon release from county jail and to allow provider agencies and members of the personnel team to share confidential information for the purpose of coordinating supportive services to ensure continuity of care.
2. Defines the following terms:
   1. "Justice-involved person" as "an individual who is currently incarcerated within a county jail or who has been incarcerated in an county jail";
   2. "Behavioral health multidisciplinary personnel team" as "any team of two or more persons who are trained in the identification and treatment of individuals with behavioral illness, and who are qualified to provide a broad range of services related to behavioral health." The team may include, but not be limited to, all of the following:
      1. Behavioral health and substance abuse services personnel and practioners or other trained counseling personnel;
      2. Medical personnel with sufficient training to provide health services;
      3. Social services workers with experience or training in the provision of services to adults with behavioral illness and eligibility for services; and,
      4. Case managers or case coordinators responsible for referral, linkage, or coordination of care and services provided to adults
   3. "Provider agency" as "any governmental or other agency that has, as one of its purposes, the identification, assessment, and linkage of housing or supportive services to individuals with behavioral illness." The provider agencies serving adults that may share information under this section include, but are not limited to, all of the following entities or service agencies:
      1. Social services;
      2. Health services;
      3. Behavioral health services;
      4. Substance abuse services;
      5. Probation;
      6. Law enforcement;
      7. Legal counsel for the adult or family representing them in a criminal matter;
      8. Veterans services and counseling; and,
      9. Homeless services.
3. Authorizes members of a behavioral health multidisciplinary personnel team to disclose and exchange information and writings with one another that relate to any information that may be designated as confidential under state law if the member of the team reasonably believes it is generally relevant to the identification of behavioral illness and the provision of services.
4. Provides that any discussion between team members, is confidential and, notwithstanding any other law, testimony concerning that discussion is not admissible in any criminal, civil, or juvenile court proceeding.
5. Provides that the disclosure and exchange of information of the multidisciplinary personnel team may occur electronically if there is adequate verification of the identity of the behavioral health multidisciplinary personnel who are involved in that disclosure or exchange of information.
6. Requires the disclosure and exchange of information between the multidisciplinary personnel team not be made to anyone other than members of the behavioral health multidisciplinary personnel team, and designated persons qualified to receive information by the team.
7. Allows a multidisciplinary personnel team to designate persons qualified to be a member of the team for a particular case.
8. Permits a person designated as a team member to receive and disclose relevant information and records, subject to confidentiality provisions, as specified.
9. Requires the sharing of information permitted, as specified, to be governed by protocols developed in each county describing how and what information may be shared by the behavioral health multidisciplinary personnel team to ensure that confidential information gathered by the team is not disclosed in violation of state or federal law.
10. Requires a copy of the protocols be distributed to each participating agency and to persons in those agencies who participate in the multidisciplinary personnel team, and be posted on the county's website within 30 days of adoption.
11. Requires each participating county to provide a copy of its protocols to the State Department of Healthcare Services (DHCS).
12. States the sharing of information by behavioral health multidisciplinary personal team members shall not be construed to require the DHCS to review or approve any multidisciplinary personnel team county protocols it receives.
13. Requires a protocol developed in a county, as specified, to include, but not be limited to, all of the following:
    1. The items of information or data elements that will be shared;
    2. The participating agencies;
    3. A description of how the information shared will be used by the behavioral health multidisciplinary personnel team only for the intended purposes as specified;
    4. The information retention schedule that participating agencies shall follow;
    5. A requirement that no confidential information or writings be disclosed to persons who are not members of the multidisciplinary personnel team except to the extent required or permitted under applicable law;
    6. A requirement that participating agencies develop uniform written policies and procedures that include security and privacy awareness training for employees who will have access to information pursuant to this protocol;
    7. A requirement that all persons who have access to information shared by participating agencies sign a confidentiality statement that includes, at a minimum, general use, security safeguards, acceptable use, and enforcement policies;
    8. A requirement that participating agencies employ security controls that meet applicable federal and state standards, including reasonable administrative, technical, and physical safeguards to ensure data confidentiality, integrity, and availability and to prevent unauthorized or inappropriate access, use, or disclosure; and,
    9. A requirement that participating agencies take reasonable steps to ensure information is complete, accurate, and up to date to the extent necessary for the agency's intended purposes and that the information has not been altered or destroyed in an unauthorized manner.
14. Subjects every member of the behavioral health multidisciplinary personnel team members who receives information or records regarding a JI person in that member's capacity as a member of the team to be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records.
15. Requires the information obtained to be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.
16. Provides that these provisions shall not be construed to restrict guarantees of confidentiality provided under state or federal law.
17. Requires information and records communicated or provided to the team members by all providers and agencies to be deemed private and confidential and to be protected from discovery or disclosure by all applicable statutory and common law protections.
18. States that existing civil and criminal penalties shall apply to the inappropriate disclosure of information held by the team members.

Senate Amendments

Replaces the terms "metal health" with "behavioral health."

COMMENTS

According to the Author

"California's justice system cannot achieve true rehabilitation without addressing the behavioral health crisis in our correctional facilities. More than half of those incarcerated struggle with behavioral health challenges, yet too many do not receive the care they need. AB 1387 ensures that every individual receives consistent, coordinated treatment from the beginning of incarceration through release. By breaking down barriers to information-sharing and prioritizing continuity of care, this bill strengthens public safety, reduces recidivism, and upholds our commitment to a more just and effective rehabilitation system"

Arguments in Support

According to the California State Sheriffs' Association: In recent years, the initiative known as California Advancing and Innovating Medi-Cal (CalAIM) was introduced to improve health outcomes for Medi-Cal enrollees, including those with complex health and behavioral health needs. A key component of CalAIM is the Prerelease/In-reach Care initiative, which allows Medi-Cal to provide limited services to incarcerated individuals for up to 90 days before their release.

While CalAIM seeks to improve outcomes for justice-involved individuals and focuses on a limited set of Medi-Cal services in the 90 days before release, AB 1387 ensures continuous behavioral health assessment and treatment from the start of incarceration through release. Unlike CalAIM's traditional service model, AB 1387 facilitates real-time, legally compliant information sharing between behavioral health and correctional staff, ensuring timely interventions and more effective treatment. Additionally, this proposal grants local control to counties, allowing them to tailor services beyond Medi-Cal eligibility constraints.

Arguments in Opposition

None submitted.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, "No significant state costs."

VOTES:

ASM PUBLIC SAFETY: 9-0-0

YES: Schultz, Alanis, Mark González, Haney, Harabedian, Lackey, Nguyen, Ramos, Sharp‑Collins

ASM PRIVACY AND CONSUMER PROTECTION: 13-0-2

YES: Bauer-Kahan, Bennett, Bryan, Flora, Irwin, Lowenthal, Ortega, Patterson, Pellerin, Petrie‑Norris, Ward, Wicks, Wilson

ABS, ABST OR NV: Dixon, DeMaio

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa

ASSEMBLY FLOOR: 76-0-3

YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer‑Kahan, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

ABS, ABST OR NV: Bennett, Jeff Gonzalez, Nguyen

SENATE FLOOR: 35-0-5

YES: Allen, Archuleta, Arreguín, Ashby, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Pérez, Richardson, Rubio, Seyarto, Smallwood‑Cuevas, Stern, Strickland, Valladares, Wahab, Weber Pierson, Wiener

ABS, ABST OR NV: Alvarado-Gil, Becker, Padilla, Reyes, Umberg

UPDATED

VERSION: June 26, 2025

CONSULTANT: Kimberly Horiuchi / PUB. S. / (916) 319-3744 FN: 0001161

 CONSENT  

Bill No: AB 1387

Author: Quirk-Silva (D)

Amended: 6/26/25 in Senate

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 6-0, 6/24/25

AYES: Arreguín, Seyarto, Caballero, Gonzalez, Pérez, Wiener

SENATE JUDICIARY COMMITTEE: 13-0, 7/8/25

AYES: Umberg, Niello, Allen, Arreguín, Ashby, Caballero, Durazo, Laird, Stern, Valladares, Wahab, Weber Pierson, Wiener

ASSEMBLY FLOOR: 76-0, 5/27/25 (Consent) - See last page for vote

SUBJECT: Behavioral health multidisciplinary personnel team

SOURCE: Orange County Sheriff’s Office

DIGEST:

This bill authorizes counties to establish a mental health multidisciplinary personnel team to serve justice-involved individuals with mental illness while incarcerated in county jail and upon release.

ANALYSIS:

Existing law:

1. Authorizes a county to establish a homeless adult and family multidisciplinary personnel team with the goal of facilitating the expedited identification, assessment, and linkage of homeless individuals to housing and supportive services within that county and to allow provider agencies and members of the personnel team to share confidential information for the purpose of coordinating housing and supportive services to ensure continuity of care. (Welfare and Institutions Code (Welf. & Inst. Code), § 18999.8, subd. (a)(1).)
2. Defines “homeless adult and family multidisciplinary personnel team” to mean any team of two or more persons who are trained in the identification and treatment of homeless adults and families, and who are qualified to provide a broad range of services related to homelessness. Specifies the types of professionals who may be on the team. (Welf. & Inst. Code, § 18999.8, subd. (b)(2).)
3. Authorizes a county to establish a child abuse multidisciplinary personnel team within that county to allow provider agencies to share confidential information in order for provider agencies to investigate reports of suspected child abuse or neglect. (Welf. & Inst. Code, § 18961.7, subd. (a).) 
4. Defines “multidisciplinary personnel” in the context of child abuse and neglect as any team of three or more people who are trained in the prevention, identification, management, or treatment of child abuse or neglect cases, and who are qualified to provide a broad range of services related to child abuse or neglect. Specifies the type of professionals who may be on the team. (Welf. & Inst. Code, § 18951, subd. (d).)
5. Permits a city, county, city and county, or community-based nonprofit organization to establish a domestic violence multidisciplinary personnel team consisting of two or more persons who are trained in the prevention, identification, management, or treatment of domestic violence cases and who are qualified to provide a broad range of services related to domestic violence. (Penal (Pen.) Code, § 13752, subd. (a).)
6. Authorizes a city, county, city and county, or community-based nonprofit organization to establish a human trafficking multidisciplinary personnel team consisting of two or more persons who are trained in the prevention, identification, management, or treatment of human trafficking cases and who are qualified to provide a broad range of services related to human trafficking. (Pen. Code, § 13753, subd. (a).)
7. Defines a “multidisciplinary personnel team” in the context of adult protective services to mean any team of two or more persons who are trained in the prevention, identification, management, or treatment of abuse of elderly or dependent adults and are qualified to provide a broad range of services related to abuse of elderly or dependent adults. (Welf. & Inst. Code, § 15610.55, subd. (a).)
8. Allows an area agency on aging or a county, or both, to establish an aging multidisciplinary personnel team with the goal of facilitating the expedited identification, assessment, and linkage of older adults to services and to allow provider agencies and members of the personnel team to share confidential information for the purpose of coordinating services. (Welf. & Inst. Code, § 9450, subd. (a)(1).)
9. Defines “aging multidisciplinary personnel team” to mean any team of two or more persons who are trained in and who are qualified to provide a broad range of services related to older adults. (Welf. & Inst. Code, § 9450 subd. (b)(1).) 

This bill:

1. Authorizes a county to establish a mental health multidisciplinary personnel team with the goal of facilitating the expedited identification, assessment, and linkage of justice-involved persons diagnosed with a mental illness to supportive services within that county while incarcerated and upon release from county jail and to allow provider agencies and members of the personnel team to share confidential information for the purpose of coordinating supportive services to ensure continuity of care.
2. Includes the following definitions:
3. “Justice-involved person” means an individual who is currently incarcerated within a county jail or who has been incarcerated in a county jail.
4. “Mental health multidisciplinary personnel team” means a team of two or more persons who are trained in the identification and treatment of individuals with mental illness and who are qualified to provide a broad range of services related to mental health. Provides that the team may include any of the following: mental health and substance abuse services personnel and practitioners or other trained counseling personnel; medical personnel with sufficient training to provide health services; social services workers with experience or training in the provision of services to adults with mental illness and eligibility for services; case managers or case coordinators responsible for referral, linkage, or coordination of care and services provided to adults or families.
5. “Provider agency” means a governmental or other agency that has, as one of its purposes, the identification, assessment, and linkage of housing or supportive services to individuals with mental illness. Specifies that the provider agencies serving adults that may share information under the provisions of this bill include, but are not limited to, all of the following entities or service agencies: social services; health services; mental health services; substance abuse services; probation; law enforcement; legal counsel for the adult or family representing them in a criminal matter; veterans services and counseling; homeless services; and tribal programs.
6. Authorizes members of a mental health multidisciplinary personnel team engaged in the identification, assessment, and linkage of supportive services to a justice-involved person to disclose to, and exchange with, one another information and writings that relate to information that may be designated as confidential under state law if the member of the team reasonably believes it is required for the identification of mental illness and the provision of services.
7. Provides that a discussion relative to the disclosure or exchange of the information or writings during a team meeting is confidential and, notwithstanding any other law, testimony concerning that discussion is not admissible in any criminal, civil, or juvenile court proceeding.
8. Provides that disclosure and exchange of information may occur electronically if there is adequate verification of the identity of the mental health multidisciplinary personnel who are involved in that disclosure or exchange of information.
9. Prohibits disclosure and exchange of information to anyone other than members of the mental health multidisciplinary personnel team, or a person qualified to receive such information, as specified.
10. Requires all mental health multidisciplinary team members and their departments to establish and maintain a secure and standardized system for sharing a person’s confidential records. Requires this process to ensure both of the following: all records and information is kept confidential in a manner that complies with all privacy laws; and all records are guarded against unauthorized access.
11. Authorizes the mental health multidisciplinary personnel team to designate a person qualified to be a member of the team for a particular case. Provides that a person designated as a team member may receive and disclose relevant information and records, subject to the confidentiality provisions in this bill.
12. Requires a county to develop protocols describing how and what information may be shared by the mental health multidisciplinary personnel team to ensure that confidential information gathered by the team is not disclosed in violation of state or federal law. Requires a copy of the protocols to be distributed to each participating agency and to persons in those agencies who participate in the multidisciplinary personnel team, and to be posted on the county’s internet website within 30 days of adoption.
13. Requires a protocol developed in a county to include, but not be limited to, all of the following:
14. The items of information or data elements that will be shared.
15. The participating agencies.
16. A description of how the information shared will be used by the mental health multidisciplinary personnel team only for intended purposes.
17. The information retention schedule that a participating agency must follow.
18. A requirement that no confidential information or writings be disclosed to a person who is not a member of the multidisciplinary personnel team, except to the extent required or permitted under applicable law.
19. A requirement that a participating agency develop uniform written policies and procedures that include security and privacy awareness training for employees who will have access to information pursuant to this protocol.
20. A requirement that all persons who have access to information shared by a participating agency sign a confidentiality statement that includes, at a minimum, general use, security safeguards, acceptable use, and enforcement policies.
21. A requirement that a participating agency employ security controls that meet applicable federal and state standards, including reasonable administrative, technical, and physical safeguards to ensure data confidentiality, integrity, and availability and to prevent unauthorized or inappropriate access, use, or disclosure.
22. A requirement that participating agencies take reasonable steps to ensure information is complete, accurate, and up to date to the extent necessary for the agency’s intended purposes and that the information has not been altered or destroyed in an unauthorized manner.
23. Requires all transmissions to comply with the Confidentiality of Medical Information Act, the Information Practices Act of 1977, the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), the federal Health Information Technology for Economic and Clinical Health Act (HITECH), and the corresponding implementing regulations relating to privacy and security in the Code of Federal Regulations.
24. Requires a member of the mental health multidisciplinary personnel team who receives information or records regarding a justice-involved person in that member’s capacity as a member of the team to be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. Requires the information or records obtained to be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.
25. Provides that nothing in its provisions be construed to supersede or preempt the applicability of any existing state or federal privacy laws, including, but not limited to, the following: HIPAA; the Information Practices Act of 1977; the Confidentiality of Medical Information Act; and Section 5328 of the Welfare and Institutions Code.
26. Provides that information and records communicated or provided to a team member by all providers and agencies are to be deemed private and confidential and to be protected from discovery and disclosure by all applicable statutory and common law protections. Provides that existing civil and criminal penalties apply to the inappropriate disclosure of information held by the team members.

Background

Mental illness is prevalent among the county jail population. A recent article noted:

While the jail population has dropped markedly over the last decade, the number of inmates with mental health needs has grown, from around 11,000 in the year preceding realignment to 25,000 before the pandemic. The BSCC defines inmates with mental health needs as those who have been identified as having a psychological disorder and who are actively in need of and receiving mental health services.

Following the pandemic-era drop in the overall jail population, the number of inmates with mental health needs also declined and is now around 19,000—still much higher than pre-realignment levels. Additionally, the percentage of inmates with mental health needs has continued to climb, from around 20% in January 2010 to a staggering 53% in June 2023. (Public Policy Institute of California (PPIC), County jails house fewer inmates, but over half face mental health issues (Oct. 23, 2023) available at <https://www.ppic.org/blog/county-jails-house-fewer-inmates-but-over-half-face-mental-health-issues/ .)

In recent years, there have been various efforts to improve continuity of health care for those re-entering society following incarceration. In 2023, California became the first state in the nation to receive federal approval to offer a targeted set of Medicaid services to youth and eligible adults in state prisons, county jails, and youth correctional facilities for up to 90 days prior to release. The goal of establishing pre-release Medi-Cal enrollment is to ensure individuals have continuity of coverage and access to services upon their release in order to improve health outcomes and facilitate successful re-entry.

Multidisciplinary Personnel Teams. California first authorized multidisciplinary personnel teams (MDTs) in the 1980s. MDTs allow for a coordinated interagency response to elder abuse, child abuse, domestic violence, human trafficking, and homelessness. MDTs are formed and operated at the county level and bring together the expertise of a wide range of individuals trained in the prevention, identification, and treatment of elder abuse, child abuse, domestic violence, or human trafficking, and who are qualified to provide related services. In the case of homelessness, the MDT focuses on assessment and linkage to services. MDTs allow team members to share confidential information with each other for the purposes of meeting the specific goals of the MDT as outlined in statute. Statutes authorizing the creation of the various MDTs include provisions related to privacy and confidentiality.

MDTs are seen as an effective tool for conducting timely and objective investigations and facilitate coordination among the different agencies and entities participating on the MDT. This bill is modeled after existing statutes authorizing MDTs. Specifically, this bill authorizes a county to establish a mental health multidisciplinary personnel team with the goal of facilitating the expedited identification, assessment, and linkage of justice-involved persons diagnosed with a mental illness to supportive services within that county while incarcerated and upon release from county jail. This bill also allows provider agencies and team members to share confidential information for the purpose of coordinating supportive services. Additionally, this bill includes a number of provisions designed to maintain the confidentiality of records, prevent improper disclosure of records, and generally provide guardrails to protect the privacy rights of individuals receiving services.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 7/9/25)

Orange County Sheriff’s Office (Source)

California State Sheriffs’ Association

Mental Health America of California

OPPOSITION: (Verified 7/9/25)

None received

ASSEMBLY FLOOR: 76-0, 5/27/25

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

NO VOTE RECORDED: Bennett, Jeff Gonzalez, Nguyen

Prepared by: Stephanie Jordan / PUB. S. /

7/14/25 16:22:23

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Jesse Arreguín, Chair

2025 - 2026 Regular

Bill No: AB 1387 Hearing Date: June 24, 2025

Subject: Mental health multidisciplinary personnel team

HISTORY

Source: Orange County Sheriff’s Office

Prior Legislation: AB 1788 (Quirk-Silva), vetoed, 2024

SB 1342 (Bates), Ch. 621, Stats. 2022

SB 1054 (Ochoa-Bogh), Ch. 506, Stats. 2022

AB 728 (Santiago), Ch. 337, Stats. 2019

AB 998 (Grayson), Ch. 802, Stats. 2018

AB 210 (Santiago), Ch. 514, Stats. 2017

Support: California State Sheriffs’ Association; Mental Health America of California

Opposition: None known

Assembly Floor Vote: 76 - 0

PURPOSE

The purpose of this bill is to authorize counties to establish a mental health multidisciplinary personnel team to serve justice-involved individuals with mental illness while incarcerated in county jail and upon release.

Existing law authorizes a county to establish a homeless adult and family multidisciplinary personnel team with the goal of facilitating the expedited identification, assessment, and linkage of homeless individuals to housing and supportive services within that county and to allow provider agencies and members of the personnel team to share confidential information for the purpose of coordinating housing and supportive services to ensure continuity of care. (Welf. & Inst. Code, § 18999.8, subd. (a)(1).)

Existing law defines “homeless adult and family multidisciplinary personnel team” to mean any team of two or more persons who are trained in the identification and treatment of homeless adults and families, and who are qualified to provide a broad range of services related to homelessness. Specifies the types of professionals who may be on the team. (Welf. & Inst. Code, § 18999.8, subd. (b)(2).)

Existing law authorizes a county to establish a child abuse multidisciplinary personnel team within that county to allow provider agencies to share confidential information in order for provider agencies to investigate reports of suspected child abuse or neglect. (Welf. & Inst. Code, § 18961.7, subd. (a).) 

Existing law defines “multidisciplinary personnel” in the context of child abuse and neglect as any team of three or more people who are trained in the prevention, identification, management, or treatment of child abuse or neglect cases, and who are qualified to provide a broad range of services related to child abuse or neglect. Specifies the type of professionals who may be on the team. (Welf. & Inst. Code, § 18951, subd. (d).)

Existing law permits a city, county, city and county, or community-based nonprofit organization to establish a domestic violence multidisciplinary personnel team consisting of two or more persons who are trained in the prevention, identification, management, or treatment of domestic violence cases and who are qualified to provide a broad range of services related to domestic violence. (Pen. Code, § 13752, subd. (a).)

Existing law authorizes a city, county, city and county, or community-based nonprofit organization to establish a human trafficking multidisciplinary personnel team consisting of two or more persons who are trained in the prevention, identification, management, or treatment of human trafficking cases and who are qualified to provide a broad range of services related to human trafficking. (Pen. Code, § 13753, subd. (a).)

Existing law defines a “multidisciplinary personnel team” in the context of adult protective services to mean any team of two or more persons who are trained in the prevention, identification, management, or treatment of abuse of elderly or dependent adults and are qualified to provide a broad range of services related to abuse of elderly or dependent adults. (Welf. & Inst. Code, § 15610.55, subd. (a).)

Existing law allows an area agency on aging or a county, or both, to establish an aging multidisciplinary personnel team with the goal of facilitating the expedited identification, assessment, and linkage of older adults to services and to allow provider agencies and members of the personnel team to share confidential information for the purpose of coordinating services. (Welf. & Inst. Code, § 9450, subd. (a)(1).)

Existing law defines “aging multidisciplinary personnel team” to mean any team of two or more persons who are trained in and who are qualified to provide a broad range of services related to older adults. (Welf. & Inst. Code, § 9450 subd. (b)(1).) 

This bill authorizes a county to establish a mental health multidisciplinary personnel team with the goal of facilitating the expedited identification, assessment, and linkage of justice-involved persons diagnosed with a mental illness to supportive services within that county while incarcerated and upon release from county jail and to allow provider agencies and members of the personnel team to share confidential information for the purpose of coordinating supportive services to ensure continuity of care.

This bill includes the following definitions:

• “Justice-involved person” means an individual who is currently incarcerated within a county jail or who has been incarcerated in a county jail.
• “Mental health multidisciplinary personnel team” means a team of two or more persons who are trained in the identification and treatment of individuals with mental illness and who are qualified to provide a broad range of services related to mental health. Provides that the team may include any of the following: mental health and substance abuse services personnel and practitioners or other trained counseling personnel; medical personnel with sufficient training to provide health services; social services workers with experience or training in the provision of services to adults with mental illness and eligibility for services; case managers or case coordinators responsible for referral, linkage, or coordination of care and services provided to adults or families.
• “Provider agency” means a governmental or other agency that has, as one of its purposes, the identification, assessment, and linkage of housing or supportive services to individuals with mental illness. Specifies that the provider agencies serving adults that may share information under the provisions of this bill include, but are not limited to, all of the following entities or service agencies:
  • Social services.
  • Health services.
  • Mental health services.
  • Substance abuse services.
  • Probation.
  • Law enforcement.
  • Legal counsel for the adult or family representing them in a criminal matter.
  • Veterans services and counseling.
  • Homeless services.
  • Tribal programs.

This bill authorizes members of a mental health multidisciplinary personnel team engaged in the identification, assessment, and linkage of supportive services to a justice-involved person to disclose to, and exchange with, one another information and writings that relate to information that may be designated as confidential under state law if the member of the team reasonably believes it is required for the identification of mental illness and the provision of services.

This bill provides that a discussion relative to the disclosure or exchange of the information or writings during a team meeting is confidential and, notwithstanding any other law, testimony concerning that discussion is not admissible in any criminal, civil, or juvenile court proceeding.

This bill provides that disclosure and exchange of information may occur electronically if there is adequate verification of the identity of the mental health multidisciplinary personnel who are involved in that disclosure or exchange of information.

This bill prohibits disclosure and exchange of information to anyone other than members of the mental health multidisciplinary personnel team, or a person qualified to receive such information, as specified.

This bill requires all mental health multidisciplinary team members and their departments to establish and maintain a secure and standardized system for sharing a person’s confidential records. Requires this process to ensure both of the following:

• All records and information is kept confidential in a manner that complies with all privacy laws.
• All records are guarded against unauthorized access.

This bill authorizes the mental health multidisciplinary personnel team to designate a person qualified to be a member of the team for a particular case. Provides that a person designated as a team member may receive and disclose relevant information and records, subject to the confidentiality provisions in the bill.

This bill requires a county to develop protocols describing how and what information may be shared by the mental health multidisciplinary personnel team to ensure that confidential information gathered by the team is not disclosed in violation of state or federal law. Requires a copy of the protocols to be distributed to each participating agency and to persons in those agencies who participate in the multidisciplinary personnel team, and to be posted on the county’s internet website within 30 days of adoption.

This bill requires a protocol developed in a county to include, but not be limited to, all of the following:

• The items of information or data elements that will be shared.
• The participating agencies.
• A description of how the information shared will be used by the mental health multidisciplinary personnel team only for intended purposes.
• The information retention schedule that a participating agency must follow.
• A requirement that no confidential information or writings be disclosed to a person who is not a member of the multidisciplinary personnel team, except to the extent required or permitted under applicable law.
• A requirement that a participating agency develop uniform written policies and procedures that include security and privacy awareness training for employees who will have access to information pursuant to this protocol.
• A requirement that all persons who have access to information shared by a participating agency sign a confidentiality statement that includes, at a minimum, general use, security safeguards, acceptable use, and enforcement policies.
• A requirement that a participating agency employ security controls that meet applicable federal and state standards, including reasonable administrative, technical, and physical safeguards to ensure data confidentiality, integrity, and availability and to prevent unauthorized or inappropriate access, use, or disclosure.
• A requirement that participating agencies take reasonable steps to ensure information is complete, accurate, and up to date to the extent necessary for the agency’s intended purposes and that the information has not been altered or destroyed in an unauthorized manner.

This bill requires all transmissions to comply with the Confidentiality of Medical Information Act, the Information Practices Act of 1977, the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), the federal Health Information Technology for Economic and Clinical Health Act (HITECH), and the corresponding implementing regulations relating to privacy and security in the Code of Federal Regulations.

This bill requires a member of the mental health multidisciplinary personnel team who receives information or records regarding a justice-involved person in that member’s capacity as a member of the team to be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. Requires the information or records obtained to be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.

This bill provides that nothing in its provisions be construed to supersede or preempt the applicability of any existing state or federal privacy laws, including, but not limited to, the following:

• HIPAA
• The Information Practices Act of 1977.
• The Confidentiality of Medical Information Act.
• Section 5328 of the Welfare and Institutions Code.

This bill provides that information and records communicated or provided to a team member by all providers and agencies are to be deemed private and confidential and to be protected from discovery and disclosure by all applicable statutory and common law protections. Provides that existing civil and criminal penalties apply to the inappropriate disclosure of information held by the team members.

COMMENTS

1. Need For This Bill

According to the author:

California’s justice system cannot achieve true rehabilitation without addressing the mental health crisis in our correctional facilities. More than half of those incarcerated struggle with mental health challenges, yet too many do not receive the care they need. AB 1387 ensures that every individual receives consistent, coordinated treatment from the beginning of incarceration through release. By breaking down barriers to information-sharing and prioritizing continuity of care, this bill strengthens public safety, reduces recidivism, and upholds our commitment to a more just and effective rehabilitation system.

1. Mental Illness Among the County Jail Population

Mental illness is prevalent among the county jail population. A recent article noted:

While the jail population has dropped markedly over the last decade, the number of inmates with mental health needs has grown, from around 11,000 in the year preceding realignment to 25,000 before the pandemic. The BSCC defines inmates with mental health needs as those who have been identified as having a psychological disorder and who are actively in need of and receiving mental health services.

Following the pandemic-era drop in the overall jail population, the number of inmates with mental health needs also declined and is now around 19,000—still much higher than pre-realignment levels. Additionally, the percentage of inmates with mental health needs has continued to climb, from around 20% in January 2010 to a staggering 53% in June 2023. (Public Policy Institute of California (PPIC), County jails house fewer inmates, but over half face mental health issues (Oct. 23, 2023) available at <https://www.ppic.org/blog/county-jails-house-fewer-inmates-but-over-half-face-mental-health-issues/>.)

1. Multidisciplinary Teams

California first authorized multidisciplinary personnel teams (MDTs) in the 1980s. MDTs allow for a coordinated interagency response to elder abuse, child abuse, domestic violence, human trafficking, and homelessness. MDTs are formed and operated at the county level and bring together the expertise of a wide range of individuals trained in the prevention, identification, and treatment of elder abuse, child abuse, domestic violence, or human trafficking, and who are qualified to provide related services. In the case of homelessness, the MDT focuses on assessment and linkage to services. MDTs allow team members to share confidential information with each other for the purposes of meeting the specific goals of the MDT as outlined in statute. Statutes authorizing the creation of the various MDTs include provisions related to privacy and confidentiality.

MDTs are seen as an effective tool for conducting timely and objective investigations and facilitate coordination among the different agencies and entities participating on the MDT. This bill is modeled after existing statutes authorizing MDTs. Specifically, this bill authorizes a county to establish a mental health multidisciplinary personnel team with the goal of facilitating the expedited identification, assessment, and linkage of justice-involved persons diagnosed with a mental illness to supportive services within that county while incarcerated and upon release from county jail. This bill also allows provider agencies and team members to share confidential information for the purpose of coordinating supportive services. Additionally, this bill includes a number of provisions designed to maintain the confidentiality of records, prevent improper disclosure of records, and generally provide guardrails to protect the privacy rights of individuals receiving services.

1. California Advancing and Innovating Medicine (CalAIM) Justice-Involved Initiative

In recent years, there have been various efforts to improve continuity of health care for those re-entering society following incarceration. In 2023, California became the first state in the nation to receive federal approval to offer a targeted set of Medicaid services to youth and eligible adults in state prisons, county jails, and youth correctional facilities for up to 90 days prior to release. The goal of establishing pre-release Medi-Cal enrollment is to ensure individuals have continuity of coverage and access to services upon their release in order to improve health outcomes and facilitate successful re-entry.

1. Veto of AB 1788

This bill is a reintroduction of AB 1788 from the 2023-2024 legislative session. In his veto message, Governor Newsom wrote:

My Administration is supportive of policies that can improve equity and supportive services to justice-involved (JI) individuals. The Department of Health Care Services (DHCS) is currently implementing the CalAIM JI Initiative, which provides pre-release Medi-Cal enrollment to ensure JI individuals have continuity of coverage upon release and access essential health services that will help them successfully return to their communities. For this reason, this bill is premature and may be duplicative. It would be more timely to assess this proposal following the full implementation of the DHCS CalAIM JI Initiative and the ability to evaluate data and identify any remaining gaps.

In response to the Governor’s veto message, the author contends that AB 1387 is complimentary to the CalAIM J-I Initiative which requires a person to be eligible for Medi-Cal and within 90 days of release. The author additionally asserts that clarification regarding applicable privacy and confidentiality laws is necessary given confusion on the part of some local government entities when implementing other programs authorized by prior legislation involving more than one county agency.

1. Argument in Support

Mental Health of America writes:

Transition services from institutions for mental diseases, jails, and mental health rehabilitation centers help ensure that individuals with mental health challenges won’t experience any disruptions in care and can be safely integrated into their community. These services help individuals develop independence and can reduce cycling between California’s health crisis and justice system. Justice involved individuals have significant challenges reintegrating into their community due to the stigma of being formerly incarcerated and the lack of assistance to identify the services they need. Without proper support, individuals can fall through the cracks of California’s safety net programs, experience additional health challenges leading to more health crises, and potentially be incarcerated again.

This bill ensures a designated mental health multidisciplinary personnel team is established to provide transitional services and support that can prevent mental health crises from developing and promote long-term wellness goals.

-- END --

Date of Hearing: May 21, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 1387

Author:(Quirk-Silva) – As Amended Ver:March 17, 2025

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill authorizes each county to establish a mental health multidisciplinary personnel team (MPT) to facilitate provision of services to incarcerated people with mental illness diagnoses, and specifies privacy protections an MPT must observe.

FISCAL EFFECT:

No significant state costs.

COMMENTS:

1. Background. An MPT is a team of personnel with a broad range of experience working together to address a problem from multiple angles. Generally, an MPT is comprised of representatives from multiple county governmental agencies. Previously, the Legislature has authorized counties to form MPTs for elder abuse, aging services, intimate partner violence, homelessness, and child abuse.

This bill authorizes a county to establish a mental health MPT to identify, assess, and provide access to services to incarcerated people diagnosed with mental illnesses, both while they are incarcerated and upon their release from county jail. The bill contains provisions that govern the sharing of confidential information between provider agencies and the MPT for the purpose of coordinating supportive services to ensure continuity of care. Each mental health MPT team must include behavioral health and substance abuse services personnel, medical personnel, social services workers, and case managers or case coordinators.

1. Prior Legislation. AB 1788 (Quirk-Silva), of the 2023-24 Legislative Session, was substantially the same as this bill. Governor Newsom vetoed AB 1788, writing:

The Department of Health Care Services (DHCS) is currently implementing the CalAIM [Justice Involved (JI)] Initiative, which provides pre-release Medi-Cal enrollment to ensure JI individuals have continuity of coverage upon release and access essential health services that will help them successfully return to their communities. For this reason, this bill is premature and may be duplicative. It would be more timely to assess this proposal following the full implementation of the DHCS CalAIM JI Initiative and the ability to evaluate data and identify any remaining gaps.

Aside from a later enactment date, AB 1387 is not substantively different from AB 1788. According to the author’s office, the author continues to believe legislative authorization for mental health MPTs is still needed, regardless of the rollout of the CalAIM JI Initiative:

The CalAIM initiative only allows Medi-Cal eligible (about 80% of the population) and only begins 90 days before their scheduled release.  During the fall, we reached out to DHCS and met with their CalAIM team along with the Orange County Sheriff's Office.  They provided us with a lot of background information on the imitative to review because they felt that OC Sheriffs can do this without the legislation.  Our team, the Sheriff's team and lawyers reviewed everything.  OC Sheriff's team felt that they were unable to go forth with the ability to provide assessment and services through a multidisciplinary team without [this] bill. 

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing: May 14, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 1387

Author:(Quirk-Silva) – As Amended Ver:March 17, 2025

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill authorizes each county to establish a mental health multidisciplinary personnel team (MPT) to facilitate provision of services to incarcerated people with mental illness diagnoses, and specifies privacy protections an MPT must observe.

FISCAL EFFECT:

No significant state costs.

COMMENTS:

1. Background. An MPT is a team of personnel with a broad range of experience working together to address a problem from multiple angles. Generally, an MPT is comprised of representatives from multiple county governmental agencies. Previously, the Legislature has authorized counties to form MPTs for elder abuse, aging services, intimate partner violence, homelessness, and child abuse.

This bill authorizes a county to establish a mental health MPT to identify, assess, and provide access to services to incarcerated people diagnosed with mental illnesses, both while they are incarcerated and upon their release from county jail. The bill contains provisions that govern the sharing of confidential information between provider agencies and the MPT for the purpose of coordinating supportive services to ensure continuity of care. Each mental health MPT team must include behavioral health and substance abuse services personnel, medical personnel, social services workers, and case managers or case coordinators.

1. Prior Legislation. AB 1788 (Quirk-Silva), of the 2023-24 Legislative Session, was substantially the same as this bill. Governor Newsom vetoed AB 1788, writing:

The Department of Health Care Services (DHCS) is currently implementing the CalAIM [Justice Involved (JI)] Initiative, which provides pre-release Medi-Cal enrollment to ensure JI individuals have continuity of coverage upon release and access essential health services that will help them successfully return to their communities. For this reason, this bill is premature and may be duplicative. It would be more timely to assess this proposal following the full implementation of the DHCS CalAIM JI Initiative and the ability to evaluate data and identify any remaining gaps.

Aside from a later enactment date, AB 1387 is not substantively different from AB 1788. According to the author’s office, the author continues to believe legislative authorization for mental health MPTs is still needed, regardless of the rollout of the CalAIM JI Initiative:

The CalAIM initiative only allows Medi-Cal eligible (about 80% of the population) and only begins 90 days before their scheduled release.  During the fall, we reached out to DHCS and met with their CalAIM team along with the Orange County Sheriff's Office.  They provided us with a lot of background information on the imitative to review because they felt that OC Sheriffs can do this without the legislation.  Our team, the Sheriff's team and lawyers reviewed everything.  OC Sheriff's team felt that they were unable to go forth with the ability to provide assessment and services through a multidisciplinary team without [this] bill. 

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing: May 1, 2025

Fiscal:

ASSEMBLY COMMITTEE ON PRIVACY AND CONSUMER PROTECTION

Rebecca Bauer-Kahan, Chair

ABPCA Bill Id:AB 1387 (

Author:Quirk-Silva) – As Amended Ver:March 17, 2025

SUBJECT: Mental health multidisciplinary personnel team

SYNOPSIS

For decades, people struggling with behavioral health issues have made up a disproportionate share of the state’s jail and prison populations. In an effort to better address the needs of people who are cycling in and out of county jails due to significant behavioral health issues, this bill would allow counties that establish behavioral health multidisciplinary personnel teams (MPTs) to share confidential information in order to provide a continuity of services and care for people who need behavioral health care and are either being held in or released from a county jail.

Sponsored by the Orange County Sheriff’s Department, the bill is virtually identical to AB 1788 (Quirk-Silva, 2024), which was passed by this Committee last year but subsequently vetoed by the Governor. As with that bill, the primary concern of this Committee is to ensure that the creation of behavioral health MPTs does not put the sensitive personal information of the people being connected with services at risk. This bill retains all of the privacy protections contained in the previous bill.

The bill enjoys the support of the California State Sheriffs’ Association and has no registered opposition. This bill was previously heard by the Public Safety Committee, where it passed on consent.

THIS BILL:

1. Allows a county to establish a mental health multidisciplinary personnel team with the goal of facilitating the expedited identification, assessment, and linkage of justice-involved (JI) persons diagnosed with a mental illness to supportive services within that county while incarcerated and upon release from county jail and to allow provider agencies and members of the personnel team to share confidential information for the purpose of coordinating supportive services to ensure continuity of care.
2. Defines the following terms:
   1. “Justice-involved person” as “an individual who is currently incarcerated within a county jail or who has been incarcerated in an county jail.”
   2. “Mental health multidisciplinary personnel team” as “any team of two or more persons who are trained in the identification and treatment of individuals with mental illness, and who are qualified to provide a broad range of services related to mental health.” The team may include, but not be limited to, all of the following:
      1. Mental health and substance abuse services personnel and practitioners or other trained counseling personnel.
      2. Medical personnel with sufficient training to provide health services.
      3. Social services workers with experience or training in the provision of services to adults with mental illness and eligibility for services.
      4. Case managers or case coordinators responsible for referral, linkage, or coordination of care and services provided to adults.
   3. “Provider agency” as “any governmental or other agency that has, as one of its purposes, the identification, assessment, and linkage of housing or supportive services to individuals with mental illness.” The provider agencies serving adults that may share information under this section include, but are not limited to, all of the following entities or service agencies:
      1. Social services;
      2. Health services;
      3. Mental health services;
      4. Substance abuse services;
      5. Probation;
      6. Law enforcement;
      7. Legal counsel for the adult or family representing them in a criminal matter;
      8. Veterans services and counseling; and,
      9. Homeless services.
3. Authorizes members of a mental health multidisciplinary personnel team to disclose and exchange information and writings with one another that relate to any information that may be designated as confidential under state law if the member of the team reasonably believes it is generally relevant to the identification of mental illness and the provision of services.
4. Provides that any discussion between team members, is confidential and, notwithstanding any other law, testimony concerning that discussion is not admissible in any criminal, civil, or juvenile court proceeding.
5. Provides that the disclosure and exchange of information of the multidisciplinary personnel team may occur electronically if there is adequate verification of the identity of the mental health multidisciplinary personnel who are involved in that disclosure or exchange of information.
6. Requires that the disclosure and exchange of information between the multidisciplinary personnel team not be made to anyone other than members of the mental health multidisciplinary personnel team, and designated persons qualified to receive information by the team.
7. Allows a multidisciplinary personnel team to designate persons qualified to be a member of the team for a particular case.
8. Permits a person designated as a team member to receive and disclose relevant information and records, subject to confidentiality provisions, as specified.
9. Requires the sharing of information permitted, as specified, to be governed by protocols developed in each county describing how and what information may be shared by the mental health multidisciplinary personnel team to ensure that confidential information gathered by the team is not disclosed in violation of state or federal law.
10. Requires a copy of the protocols be distributed to each participating agency and to persons in those agencies who participate in the multidisciplinary personnel team, and be posted on the county’s website within 30 days of adoption.
11. Requires each participating county to provide a copy of its protocols to the State Department of Healthcare Services (DHCS).
12. States the sharing of information by mental health multidisciplinary personal team members shall not be construed to require the DHCS to review or approve any multidisciplinary personnel team county protocols it receives.
13. Requires a protocol developed in a county, as specified, to include, but not be limited to, all of the following:
    1. The items of information or data elements that will be shared.
    2. The participating agencies.
    3. A description of how the information shared will be used by the mental health multidisciplinary personnel team only for the intended purposes as specified.
    4. The information retention schedule that participating agencies shall follow.
    5. A requirement that no confidential information or writings be disclosed to persons who are not members of the multidisciplinary personnel team except to the extent required or permitted under applicable law.
    6. A requirement that participating agencies develop uniform written policies and procedures that include security and privacy awareness training for employees who will have access to information pursuant to this protocol.
    7. A requirement that all persons who have access to information shared by participating agencies sign a confidentiality statement that includes, at a minimum, general use, security safeguards, acceptable use, and enforcement policies.
    8. A requirement that participating agencies employ security controls that meet applicable federal and state standards, including reasonable administrative, technical, and physical safeguards to ensure data confidentiality, integrity, and availability and to prevent unauthorized or inappropriate access, use, or disclosure.
    9. A requirement that participating agencies take reasonable steps to ensure information is complete, accurate, and up to date to the extent necessary for the agency’s intended purposes and that the information has not been altered or destroyed in an unauthorized manner.
14. Subjects every member of the mental health multidisciplinary personnel team who receives information or records regarding a JI person in that member’s capacity as a member of the team to be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records.
15. Requires the information obtained to be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.
16. Provides that these provisions shall not be construed to restrict guarantees of confidentiality provided under state or federal law.
17. Requires information and records communicated or provided to the team members by all providers and agencies to be deemed private and confidential and to be protected from discovery or disclosure by all applicable statutory and common law protections.
18. States that existing civil and criminal penalties shall apply to the inappropriate disclosure of information held by the team members.

EXISTING LAW:

1. Prohibits, under the state Confidentiality of Medical Information Act (CMIA), a health care provider, a health care service plan, a contractor, a corporation and its subsidiaries and affiliates, or any business that offers software or hardware to consumers, including a mobile application or other related device, as defined, from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient, except as expressly authorized by the patient, enrollee, or subscriber, as specified, or as otherwise required or authorized by law. States that a violation of these provisions that results in economic loss or personal injury to a patient is a crime. (Civ. Code § 56, et. seq.)
2. Defines, for purposes of the CMIA, medical information to mean any individually identifiable information, in electronic or physical form, in possession of or derived from a provider of health care, health care service plan, pharmaceutical company, or contractor regarding a patient’s medical history, behavioral health app information, behavioral or physical condition, or treatment. (Civ. Code § 56.05(j).)
3. Prohibits health care providers, health care service plans, or contractors, as defined, from sharing medical information without the patient’s written authorization, subject to certain exceptions. (Civ. Code § 56.10(a).)
4. Prohibits behavioral health and developmental services providers, as defined, from sharing information and records about a patient, regardless of whether they are receiving voluntary or involuntary care, without the patient’s authorization, subject to certain exceptions. (Welf. & Inst. Code § 5328.)
5. Establishes under federal law, the Health Information Portability and Accountability Act of 1996 (HIPAA), which sets standards for the privacy of individually identifiable health information and security standards for the protection of electronic protected health information, including, through regulations, that a HIPAA-covered entity may not condition the provision of treatment, payment, enrollment in a health plan, or eligibility for benefits on the provision of an authorization, except under specified circumstances. Provides that if HIPAA’s provisions conflict with state law, the provision that is most protective of patient privacy prevails. (42 U.S.C. § 1320d, et seq.; 45 Code Fed. Regs. Part 164.)
6. Defines “multidisciplinary personnel” as any team of three or more persons who are trained in the prevention, identification, management, or treatment of child abuse or neglect cases, and who are qualified to provide a broad range of services related to child abuse or neglect, and may include but not be limited to psychiatrists, police officers, medical personnel, and social workers, among others. (Welf. & Inst. Code § 18951(d).)
7. Provides that each county may use a children’s advocacy center to implement a coordinated multidisciplinary response to investigate reports involving child physical or sexual abuse, exploitation, or maltreatment and sets forth standards that a children’s advocacy center must meet. (Pen. Code § 11166.4.)
8. Allows a city, county, city and county, or community-based nonprofit organization to establish a domestic violence MPT consisting of two or more persons who are trained in the prevention, identification, management, or treatment of domestic violence cases and who are qualified to provide a broad range of services related to domestic violence. (Pen. Code § 13752(a).)
9. Allows a county to establish a homeless adult and family MPT with the goal of facilitating the expedited identification, assessment, and linkage of homeless individuals to housing and supportive services within that county and to allow provider agencies and members of the MPT to share confidential information for the purpose of coordinating housing and supportive services to ensure continuity of care. (Welf. & Inst. Code § 18999.8(a).)
10. Allows an area agency on aging or a county, or both, to establish an aging MPT with the goal of facilitating the expedited identification, assessment, and linkage of older adults to services and to allow provider agencies and members of the personnel team to share confidential information for the purpose of coordinating services. (Welf. & Inst. Code § 9450(a)(1).)

COMMENTS:

1) Author’s statement. According to the author:

California’s justice system cannot achieve true rehabilitation without addressing the mental health crisis in our correctional facilities. More than half of those incarcerated struggle with mental health challenges, yet too many do not receive the care they need. AB 1387 ensures that every individual receives consistent, coordinated treatment from the beginning of incarceration through release. By breaking down barriers to information-sharing and prioritizing continuity of care, this bill strengthens public safety, reduces recidivism, and upholds our commitment to a more just and effective rehabilitation system.

2) The multidisciplinary personnel team model. Existing law authorizes MPTs to be formed and operated at the county level to allow for a coordinated interagency response to a number of issues where people may require support. MPTs provide their members the ability to share confidential information among team members for the specific purpose the MPT was established.

Under current law, collaboration through an MPT is permitted in the areas of elder abuse, aging services, intimate partner violence, homelessness, and child abuse. The MPT model is intended to allow multiple service providers and government agencies to act in a collaborative fashion to help meet the needs of the community as well as parties involved. The model has been used to expedite services for a number of vulnerable populations that need to interact with multiple agencies and services in order to have their needs met.

3) County jails and people struggling with behavioral health problems. According to a 2020 report on the prevalence of behavioral health issues among people being held in the state’s county jails, on the last day of any given month in 2009 there were roughly 80,000 people in custody in a county jail and 15,500 of them had an open mental health case. By 2019 there were 72,000 people in custody in a jail, on average, and 22,000 of those people had an open mental health case.^[1] For decades, people struggling with behavioral health issues have made up a disproportionate share of the state’s jail and prison populations. In fact, the Los Angeles County jail system is the largest mental health system in the United States.^[2]

4) California Advancing and Innovating Medi-Cal (CalAIM). The Department of Health Care Services (DHCS) has embarked on a multi-year process designed to allow the State’s Medi-Cal program to integrate seamlessly with social services programs. The intention is to allow enrollees to access programs that allow them to focus on prevention and overall wellness.

CalAIM includes an initiative for medical and mental healthcare for JI individuals, including anyone who is now, or has spent time, in jails, youth correctional facilities, or prisons. In January 2023, DHCS received federal approval to offer a targeted set of Medicaid services to youth and eligible adults in state prisons, county jails, and youth correctional facilities for up to 90 days prior to release.

The goal of this CalAIM initiative is to “ensure continuity of health care coverage and services between the time they are incarcerated and when they are released. It also provides people who are reentering the community with the prescribed medications and durable medical equipment (DME) they need, and access to programs and services to support this important transition.”^[3] DHCS is partnering with state agencies, counties, and community-based organizations to establish a coordinated community reentry process that will connect people leaving incarceration to physical and mental health services prior to release.

5) Privacy protections in the bill. The purpose of this bill is to allow counties to establish behavioral health MPTs in order to share the confidential information necessary to provide a continuity of services and care for people who need behavioral health care and are either being held in or released from a county jail.

The primary concern of this Committee is to ensure that the creation of behavioral health MPTs does not put the sensitive personal information of the people being connected with services at risk. This bill allows these MPTs to work across disciplines and departments while still minimizing data sharing and maintaining all of the privacy protections currently in place related to the sharing of personal medical and behavioral health records.

Toward that end, this bill contains the following privacy protections:

• Includes data minimization language, which is the idea that people’s personal information and especially sensitive personal information should be retained and shared only when it is necessary for a specific purpose. The sharing of information between members of an MPT is limited to that which required for the identification of mental illness and the provision of services.
• Requires that any discussion that involves the disclosure or exchange of the information or writings during a team meeting is confidential and testimony concerning that discussion is not admissible in any criminal, civil, or juvenile court proceeding.
• Requires that every member of the MPT who receives information or records be subject to the same privacy and confidentiality obligations and penalties.
• Requires the information obtained to be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.
• States that the exchange of personal information must be done in accordance with all applicable state and federal privacy laws.

6) Previous legislation. This bill is virtually identical to AB 1788 (Quirk-Silva, 2024). That bill was vetoed by the Governor. In his veto message, he wrote:

My Administration is supportive of policies that can improve equity and supportive services to justice-involved (JI) individuals. The Department of Health Care Services (DHCS) is currently implementing the CalAIM JI Initiative, which provides pre-release Medi-Cal enrollment to ensure JI individuals have continuity of coverage upon release and access essential health services that will help them successfully return to their communities. For this reason, this bill is premature and may be duplicative. It would be more timely to assess this proposal following the full implementation of the DHCS CalAIM JI Initiative and the ability to evaluate data and identify any remaining gaps.

In response to that veto, the author notes in the bill’s committee background information:

Orange County is one of the counties that have been selected for the pilot to this program. However, with all the information they received including regulations, county-letters, etc., they were still unsure how they can make sure all justice-involved persons were assessed, provided needed mental health services from the start.

The CalAIM initiative only allows Medi-Cal eligible (about 80% of the population) and only begins 90 days before their scheduled release. During the fall, we reached out to DHCS and met with their CalAIM team along with the Orange County Sheriff's Office. They provided us with a lot of background information on the initiative to review because they felt that OC Sheriffs can do this without the legislation. Our team, the Sheriff's team and lawyers reviewed everything. OC Sheriff's team felt that they were unable to go forth with the ability to provide assessment and services through a multidisciplinary team without a bill.

One of the points DHCS argues was the bill's clarification of following all state and federal laws and having cited them in the bill (which was taken in committee to appease the Oakland Privacy organization). They believed everyone knows to follow the confidentiality requirements.

However, if you look back to AB 271, Chapter 135 of 2023, Orange County Sheriffs had spearheaded a Homeless Death Review Committee. After almost a year, when it was time to share the data that would help their county to determine specified causes in an effort to address prevention, some entities were worried that sharing the data may "get them in trouble". They wanted to make sure it was in statutes to clearly allow this (even though we have a plethora of state and federal laws). However, this was a barrier we could fix by simply clarifying it in statutes.

This is the same problem OC is facing in an effort to make sure those in their care, have the services they need during incarceration. This bill authorizes a county to establish a mental health multidisciplinary personnel team with the goal of facilitating the expedited identification, assessment, and linkage of justice-involved persons diagnosed with a mental illness to supportive services within that county while incarcerated and upon release from county jail and to allow provider agencies and members of the personnel team to share confidential information for the purpose of coordinating supportive services to ensure continuity of care. The Assemblywoman and the OC County Sheriff believe this bill is complementary to the CalAIM initiative and will continue to work with DHCS.

ARGUMENTS IN SUPPORT: California State Sheriffs’ Association writes in support:

In recent years, the initiative known as California Advancing and Innovating Medi-Cal (CalAIM) was introduced to improve health outcomes for Medi-Cal enrollees, including those with complex health and behavioral health needs. A key component of CalAIM is the Prerelease/In-reach Care initiative, which allows Medi-Cal to provide limited services to incarcerated individuals for up to 90 days before their release.

While CalAIM seeks to improve outcomes for justice-involved individuals and focuses on a limited set of Medi-Cal services in the 90 days before release, AB 1387 ensures continuous mental health assessment and treatment from the start of incarceration through release. Unlike CalAIM’s traditional service model, AB 1387 facilitates real-time, legally compliant information sharing between mental health and correctional staff, ensuring timely interventions and more effective treatment. Additionally, this proposal grants local control to counties, allowing them to tailor services beyond Medi-Cal eligibility constraints.

REGISTERED SUPPORT / OPPOSITION:

Support

Orange County Sheriff’s Department

California State Sheriffs' Association

Opposition

None on file.

Analysis Prepared by: Julie Salley / P. & C.P. / (916) 319-2200

1. Franco, Konrad. The Prevalence of Mental Illness in California Jails is Rising: An Analysis of Mental Health Cases & Psychotropic Medication Prescriptions, 2009-2019, California Health Policy Strategies, LLC. (Feb. 2020) https://www.cdcr.ca.gov/ccjbh/wp-content/uploads/sites/172/2020/02/Jail_MentalHealth_JPSReport_02-03-2020.pdf. ↑

2. McCann, Sam. For Decades, Los Angeles Jailed People with Mental Health Needs. Now, It’s Finally Prioritizing Treatment, Vera Institute of Justice (Dec. 22, 2022) https://www.vera.org/news/for-decades-los-angeles-jailed-people-with-mental-health-needs-now-its-finally-prioritizing-treatment. ↑

3. DHCS, Justice-Involved Initiative, https://www.dhcs.ca.gov/CalAIM/Justice-Involved-Initiative/Pages/home.aspx ↑

Date of Hearing:

Counsel: Kimberly Horiuchi

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Nick Schultz, Chair

ABPCA Bill Id:AB 1387

Author:(Quirk-Silva) – As Amended Ver:March 17, 2025

SUMMARY:

Authorizes counties to establish a mental health multidisciplinary personnel team. Specifically, this bill:

1. Allows a county to establish a mental health multidisciplinary personnel team with the goal of facilitating the expedited identification, assessment, and linkage of justice-involved (JI) persons diagnosed with a mental illness to supportive services within that county while incarcerated and upon release from county jail and to allow provider agencies and members of the personnel team to share confidential information for the purpose of coordinating supportive services to ensure continuity of care.
   
2. Defines the following terms:
   
   1. “Justice-involved person” as “an individual who is currently incarcerated within a county jail or who has been incarcerated in an county jail”;
      
   2. “Mental health multidisciplinary personnel team” as “any team of two or more persons who are trained in the identification and treatment of individuals with mental illness, and who are qualified to provide a broad range of services related to mental health.” The team may include, but not be limited to, all of the following:
      
      1. Mental health and substance abuse services personnel and practioners or other trained counseling personnel;
         
      2. Medical personnel with sufficient training to provide health services;
         
      3. Social services workers with experience or training in the provision of services to adults with mental illness and eligibility for services; and,
         
      4. Case managers or case coordinators responsible for referral, linkage, or coordination of care and services provided to adults
         
   3. “Provider agency” as “any governmental or other agency that has, as one of its purposes, the identification, assessment, and linkage of housing or supportive services to individuals with mental illness.” The provider agencies serving adults that may share information under this section include, but are not limited to, all of the following entities or service agencies:
      
      1. Social services;
         
      2. Health services;
         
      3. Mental health services;
         
      4. Substance abuse services;
         
      5. Probation;
         
      6. Law enforcement;
         
      7. Legal counsel for the adult or family representing them in a criminal matter;
      8. Veterans services and counseling; and,
         
      9. Homeless services.
3. Authorizes members of a mental health multidisciplinary personnel team to disclose and exchange information and writings with one another that relate to any information that may be designated as confidential under state law if the member of the team reasonably believes it is generally relevant to the identification of mental illness and the provision of services.
   
4. Provides that any discussion between team members, is confidential and, notwithstanding any other law, testimony concerning that discussion is not admissible in any criminal, civil, or juvenile court proceeding.
   
5. Provides that the disclosure and exchange of information of the multidisciplinary personnel team may occur electronically if there is adequate verification of the identity of the mental health multidisciplinary personnel who are involved in that disclosure or exchange of information.
   
6. Requires that the disclosure and exchange of information between the multidisciplinary personnel team not be made to anyone other than members of the mental health multidisciplinary personnel team, and designated persons qualified to receive information by the team.
   
7. Allows a multidisciplinary personnel team to designate persons qualified to be a member of the team for a particular case.
   
8. Permits a person designated as a team member to receive and disclose relevant information and records, subject to confidentiality provisions, as specified.
   
9. Requires the sharing of information permitted, as specified, to be governed by protocols developed in each county describing how and what information may be shared by the mental health multidisciplinary personnel team to ensure that confidential information gathered by the team is not disclosed in violation of state or federal law.
   
10. Requires a copy of the protocols be distributed to each participating agency and to persons in those agencies who participate in the multidisciplinary personnel team, and be posted on the county’s website within 30 days of adoption.
    
11. Requires each participating county to provide a copy of its protocols to the State Department of Healthcare Services (DHCS).
    
12. States the sharing of information by mental health multidisciplinary personal team members shall not be construed to require the DHCS to review or approve any multidisciplinary personnel team county protocols it receives.
    
13. Requires a protocol developed in a county, as specified, to include, but not be limited to, all of the following:
    
    1. The items of information or data elements that will be shared;
       
    2. The participating agencies;
       
    3. A description of how the information shared will be used by the mental health multidisciplinary personnel team only for the intended purposes as specified;
       
    4. The information retention schedule that participating agencies shall follow;
       
    5. A requirement that no confidential information or writings be disclosed to persons who are not members of the multidisciplinary personnel team except to the extent required or permitted under applicable law;
       
    6. A requirement that participating agencies develop uniform written policies and procedures that include security and privacy awareness training for employees who will have access to information pursuant to this protocol;
       
    7. A requirement that all persons who have access to information shared by participating agencies sign a confidentiality statement that includes, at a minimum, general use, security safeguards, acceptable use, and enforcement policies;
       
    8. A requirement that participating agencies employ security controls that meet applicable federal and state standards, including reasonable administrative, technical, and physical safeguards to ensure data confidentiality, integrity, and availability and to prevent unauthorized or inappropriate access, use, or disclosure; and,
       
    9. A requirement that participating agencies take reasonable steps to ensure information is complete, accurate, and up to date to the extent necessary for the agency’s intended purposes and that the information has not been altered or destroyed in an unauthorized manner.
       
14. Subjects every member of the mental health multidisciplinary personnel team members who receives information or records regarding a JI person in that member’s capacity as a member of the team to be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records.
    
15. Requires the information obtained to be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.
16. Provides that these provisions shall not be construed to restrict guarantees of confidentiality provided under state or federal law.
    
17. Requires information and records communicated or provided to the team members by all providers and agencies to be deemed private and confidential and to be protected from discovery or disclosure by all applicable statutory and common law protections.
    
18. States that existing civil and criminal penalties shall apply to the inappropriate disclosure of information held by the team members.

EXISTING LAW:

1. Defines “multidisciplinary personnel” as any team of three or more persons who are trained in the prevention, identification, management, or treatment of child abuse or neglect cases, and who are qualified to provide a broad range of services related to child abuse or neglect, and may include but not be limited to psychiatrists, police officers, medical personnel, and social workers, among others. (Welf. & Inst. Code, § 18951, subd. (d).)
   
2. Provides that each county may use a children’s advocacy center to implement a coordinated multidisciplinary response to investigate reports involving child physical or sexual abuse, exploitation, or maltreatment and sets forth standards that a children’s advocacy center must meet. (Pen. Code, § 11166.4.)
   
3. Allows a city, county, city and county, or community-based nonprofit organization to establish a domestic violence multidisciplinary personnel team consisting of two or more persons who are trained in the prevention, identification, management, or treatment of domestic violence cases and who are qualified to provide a broad range of services related to domestic violence. (Pen. Code, § 13752, subd. (a).)
   
4. States that a domestic violence multidisciplinary team may include, but need not be limited to, any of the following: law enforcement personnel, medical personnel, domestic violence counselors, and other personnel as specified. (Pen. Code, § 13752, subd. (b)(1)-(14).)
   
5. Provides that every member of the domestic violence multidisciplinary personnel team who receives information or records regarding children or families in his or her capacity as a member of the team shall be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. (Pen. Code, § 13752, subd. (f).)
   
6. Authorizes an area agency on aging or a county, or both, to establish an aging multidisciplinary personnel team with the goal of facilitating the expedited identification, assessment, and linkage of older adults to services and to allow provider agencies and members of the personnel team to share confidential information for the purpose of coordinating services. (Welf. & Inst. Code, § 9450 subd. (a)(1).)
   
7. States that if a city within the service area of an area agency on aging or a county that has established an aging multidisciplinary personnel team pursuant to this section requests to participate in that team, participation of appropriate city personnel shall be allowed, as determined by the area agency on aging or county, unless the area agency on aging or county determines that participation by the city would hinder compliance with the requirements and obligations set forth in this section or would otherwise conflict with the goals and objectives of the area agency on aging or county. (Welf. & Inst. Code, § 9450, subd. (a)(2).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “California’s justice system cannot achieve true rehabilitation without addressing the mental health crisis in our correctional facilities. More than half of those incarcerated struggle with mental health challenges, yet too many do not receive the care they need. AB 1387 ensures that every individual receives consistent, coordinated treatment from the beginning of incarceration through release. By breaking down barriers to information-sharing and prioritizing continuity of care, this bill strengthens public safety, reduces recidivism, and upholds our commitment to a more just and effective rehabilitation system”
   
2. California Advancing and Innovating Medi-Cal (CalAIM): According to California Healthcare Foundation: “CalAIM is a once-in-a-generation opportunity to improve care and outcomes for millions of Medi-Cal enrollees. It’s also complicated, given its incredible scope and reach and the fragmented system that it strives to improve. Over a span of five years, CalAIM will introduce a myriad of new programs and make important reforms to many existing programs.

“CalAIM builds on prior initiatives, like the Whole Person Care pilots, Health Homes program, Drug Medi-Cal Organized Delivery System, and the Coordinated Care Initiative. Even so, successfully implementing these reforms will not be easy and will depend on several factors. Among them, the expansion of the community-connected workforce, the ability to share data across different care and social service entities, and the ability of many different organizations to work together in new and equitable ways on behalf of patients and clients they share. DHCS also maintains a CalAIM website and timeline outlining when different reforms will go live.”^[1]

CalAIM includes an initiative for medical and mental healthcare for JI individuals. JI individuals means anyone who is now, or has spent time, in jails, youth correctional facilities, or prisons. According to the California Department of Healthcare Services (DHCS):

“JI individuals are at higher risk for poor health outcomes, injury, and death than the general public. They face disproportionate risk of trauma, violence, overdose, and suicide. People of color are disproportionately represented in the Justice-Involved population due to systemic inequities in the criminal justice system, as well as a higher likelihood of incarceration due to mental health issues and the criminalization of substance use disorders.”

Incarcerated individuals in California jails with an active mental health case rose by 63 percent over the last decade. 66% of Californians in jails or prisons have moderate or high need for substance use disorder treatment. Overdose is the leading cause of death for people recently released from incarceration, and people in California jails or prisons have a drug overdose death rate more than three times that of incarcerated people nationwide.^[2]

In California, nearly 29 percent of incarcerated men are Black, while Black men make up only 5.6 percent of the state’s total population. Through its JI Initiative, California is taking significant steps to improve poor health outcomes in this population as they prepare to re-enter their community. In 2023, California became the first state in the nation approved to offer a targeted set of Medicaid services to youth and adults in state prisons, county jails, and youth correctional facilities for up to 90 days prior to release.

Through a federal Medicaid “Section 1115 demonstration waiver”^[3] approved by the Centers for Medicare & Medicaid Services (CMS), DHCS will partner with state agencies, counties, and community-based organizations to establish a coordinated community reentry process that will assist people leaving incarceration to connect to the physical and mental health services they need prior to release. This will help to ensure continuity of health care coverage after incarceration, enabling access to programs and services like Enhanced Care Management (ECM) and Community Supports, linkages to medical and mental health services, and prescription medications in hand upon release.

DHCS estimates that CalAIM’s JI initiative will be rolled out over the course of approximately five years, budget contingent. According to DSCH: “Medi-Cal transformation is driven by far-reaching initiatives, including those that are part of the CalAIM waiver, to broadly reform Medi-Cal’s programs and systems. These changes will span a multi-year period, with the first reforms implemented in January 2022 and additional reforms phased in through 2027. Together, they will create a more coordinated, person-centered, and equitable health system.”

This bill is mostly identical to AB 1788 (Quirk-Silva) last year. This bill was vetoed by the Governor, wherein he stated:

“My Administration is supportive of policies that can improve equity and supportive services to justice-involved (JI) individuals. The Department of Health Care Services (DHCS) is currently implementing the CalAIM JI Initiative, which provides pre-release Medi-Cal enrollment to ensure JI individuals have continuity of coverage upon release and access essential health services that will help them successfully return to their communities. For this reason, this bill is premature and may be duplicative. It would be more timely [sic] to assess this proposal following the full implementation of the DHCS CalAIM JI Initiative and the ability to evaluate data and identify any remaining gaps.”

In response, the author notes:

Orange County is one of the counties that have been selected for the pilot to this program. However, with all the information they received including regulations, county-letters, etc., they were still unsure how they can make sure all justice-involved persons were assessed, provided needed mental health services from the start. The CalAIM initiative only allows Medi-Cal eligible (about 80% of the population) and only begins 90 days before their scheduled release. During the fall, we reached out to DHCS and met with their CalAIM team along with the Orange County Sheriff's Office. They provided us with a lot of background information on the initiative to review because they felt that OC Sheriffs can do this without the legislation. Our team, the Sheriff's team and lawyers reviewed everything. OC Sheriff's team felt that they were unable to go forth with the ability to provide assessment and services through a multidisciplinary team without a bill.

It is unclear how this disagreement will be reconciled, however, the author may wish to include a delayed implementation date to ensure that this program does not interfere with the CalAIM JI Initiative. If, as the Administration alleges, this bill is duplicative, the author could add a delayed implementation date to ensure there is no overlapping mandates.

1. Confidentiality of Medical Information: This bill authorizes specific disclosure of medical information for JI individuals to members of a mental health multidisciplinary personnel team member subject to legal exceptions. Both state and federal law prohibit disclosure of medical information. The Confidentiality of Medical Information Act (“CMIA”) is designed “to provide for the confidentiality of individually identifiable medical information, while permitting certain reasonable and limited uses of that information.” (Heller v. Norcal Mutual Ins. Co. (1994) 8 Cal.4th 30, 38.) The CMIA acts independently of other evidentiary privileges or statutory protections of the same information. (See Civ. Code, § 56.29, subd. (a), (c); Civ. Code, § 1798 et seq. [Information Practices Act]; Public Law 104-191 [Health Insurance Protection and Portability Act]; Civ. Code, § 1798.100, et seq., [California Consumer Protection Act].)

The CMIA imposes civil and criminal liability upon health care providers and others if they disclose “medical information” other than through the statutorily authorized means. (Civ. Code, § 56.35 [authorizing award of compensatory damages and punitive damages up to $3,000, attorney’s fees up to $1,000, and costs]; Regents of University of California v. Superior Court [Melinda Platter] (2013) 220 Cal.App.4th 549, 553; Civ. Code, § 56.36, subd. (a) [Misdemeanor liability if patient suffers “economic loss or personal injury”].) The CMIA applies when a person—including the prosecution and defense—seeks to obtain “medical information” from a “provider of health care,” “health care service plan,” or contractor regarding a patient. (Civ. Code, § 56.10, subd. (a).)

This bill states that existing confidentiality provisions still apply. However, the program established in this bill is unique to individual counties and requires counties to establish protocols demonstrating compliance with confidentiality laws. While it requires counties to submit their protocols to DHCS, it does not require DHCS to approve the regulations despite its expertise in application of existing confidentiality provisions. Some counties may have sufficient expertise to navigate implementation of this program, others may have fewer resources and experience in large scale application of confidential information. It may make more sense to allow DHCS to approve the protocols before the county may establish its mental health multidisciplinary personnel team. As noted above, the consequences for violating state confidentiality laws can be quite serious even when accidental.

Finally, this bill also states that any information shared among the team members regarding the JI person’s mental illness may not be used in court against a defendant. This likely would not violate Proposition 8’s (1982) Truth in Evidence requirement. California Constitution Article I, section 28, subdivision (f)(2) states:

“… [R]elevant evidence shall not be excluded in any criminal proceeding, including pretrial and post-conviction motions and hearings, or in any trial or hearing of a juvenile for a criminal offense, whether heard in juvenile or adult court. Nothing in this section shall affect any existing statutory rule of evidence relating to privilege or hearsay, or … Evidence Code sections regarding admissibility of character evidence. …” (Cal. Const., art. I, § 28, subd. (f)(2).)

Medical information is not admissible generally unless the defendant raises it as an issue, i.e., claims of incompetence or insanity. (Oiye v. Fox (2012) 211 Cal.App.4th 1036, 1070.)

1. Argument in Support: According to the California State Sheriffs’ Association: In recent years, the initiative known as California Advancing and Innovating Medi-Cal (CalAIM) was introduced to improve health outcomes for Medi-Cal enrollees, including those with complex health and behavioral health needs. A key component of CalAIM is the Prerelease/In-reach Care initiative, which allows Medi-Cal to provide limited services to incarcerated individuals for up to 90 days before their release.

While CalAIM seeks to improve outcomes for justice-involved individuals and focuses on a limited set of Medi-Cal services in the 90 days before release, AB 1387 ensures continuous mental health assessment and treatment from the start of incarceration through release. Unlike CalAIM’s traditional service model, AB 1387 facilitates real-time, legally compliant information sharing between mental health and correctional staff, ensuring timely interventions and more effective treatment. Additionally, this proposal grants local control to counties, allowing them to tailor services beyond Medi-Cal eligibility constraints.

1. Prior Legislation:
   1. AB 785 (Rivas), of the 2023-24 Legislative Session, would have established Mental Health Response and Treatment Challenge Grant Pilot Program, which would have provided grants to cities, counties, cities and counties, and other local government agencies, for the purpose of providing mental health treatment to people in the justice system, among other services. AB 785 was never heard in committee.
      
   2. AB 1788 (Quirk-Silva), of the 2023-24 Legislative Session, was identical to this bill and was vetoed by the Governor.
      
   3. AB 728 (Santiago), Chapter 337, Statutes of 2019, established, until January 1, 2025, a pilot program in the counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Clara, and Ventura that allows homeless adult and family multidisciplinary teams (MDTs) established in these counties to have the goal of facilitating expedited identification, assessment, and linkage of individuals at risk of homelessness to housing and supportive services, and the goal of facilitating the expedited prevention of homelessness for those individuals.
      
   4. AB 998 (Grayson), Chapter 802, Statutes of 2018, authorized a city, county, city and county, or a nonprofit organization to establish domestic violence and human trafficking multidisciplinary personnel teams trained in the prevention, identification, management, or treatment of those cases.
      
   5. AB 210 (Santiago), Chapter 514, Statutes of 2017, allows counties to develop a homeless adult, child, and family multidisciplinary team in order to facilitate identification and assessment of homeless individuals, and link homeless individuals to housing and supportive services, and to allow service providers to share confidential information to ensure continuity of care.
      

REGISTERED SUPPORT / OPPOSITION:

Support

California State Sheriffs' Association

Opposition

None on file.

Analysis Prepared by:

Kimberly Horiuchi / PUB. S. / (916) 319-3744

1. https://www.chcf.org/resource/calaim-in-focus/calaim-explained/ ↑

2. https://www.dhcs.ca.gov/Pages/CalAIM-Behavioral-Health-Initiative-Frequently-Asked-Questions.aspx ↑

3. See 42 U.S.C. § 1315. Section 1115 of the Social Security Act gives the Secretary of Health and Human Services authority to approve experimental, pilot, or demonstration projects that are found by the Secretary to be likely to assist in promoting the objectives of the Medicaid program. The purpose of these demonstrations, which give states additional flexibility to design and improve their programs, is to demonstrate and evaluate state-specific policy approaches to better serving Medicaid populations.

   CMS performs a case-by-case review of each proposal to determine whether its stated objectives are aligned with those of Medicaid. CMS also considers whether proposed waiver and/or expenditures authorities are appropriate and consistent with federal policies, including the degree to which they supplant state-only costs for existing programs or services and can and should be supported through other federal and non-Federal funding sources. ↑