Senate Bill No. 43 Eggman Behavioral Health (Approved on October 10, 2023)
This assembly bill was introduced by Senator Eggman on December 5, 2022. The Lanterman-Petris-Short Act allows for the involuntary commitment and treatment of individuals who pose a danger to themselves or others, or who are severely disabled. Under this act, "gravely disabled" is defined as the inability, due to a mental health disorder, to meet basic personal needs such as food, clothing, or shelter, or being deemed mentally incompetent.
This bill broadens the definition of "gravely disabled" to include situations where individuals, due to a severe substance use disorder or a co-occurring mental health disorder and severe substance use disorder, are unable to provide for their personal safety or necessary medical care, in addition to the basic personal needs like food, clothing, or shelter. It also extends this definition, for certain sections, to cover the inability of individuals, due to chronic alcoholism, to provide for their personal safety or necessary medical care, along with their basic needs.
Current law also allows for the appointment of a conservator in Los Angeles County, San Diego County, or San Francisco City and County for individuals who cannot care for their own health and well-being due to a severe mental illness and substance use disorder. The law includes the hearsay rule, which generally prohibits the use of statements made outside of court by someone who is not testifying, to prove the truth of the statement. However, there are exceptions to this rule that allow for the admission of certain types of evidence.
This bill would allow certain statements from health practitioners or licensed clinical social workers included in a medical record to be admissible as evidence in court proceedings related to the appointment or reappointment of a conservator. These statements would not be considered hearsay under specific conditions outlined in the bill. Additionally, the bill will permit the court to grant a reasonable continuance if an expert witness relies on a medical record that has not been provided to the parties or their counsel.
Current law mandates the State Department of Health Care Services to gather quarterly data and release a report by May 1 each year. The report must detail the number of individuals under temporary conservatorship in each county, along with an analysis and evaluation of the effectiveness of mental health assessments, detentions, treatments, and supportive services offered, among other items.
This bill would require the report to include the number of individuals admitted or detained under specific conditions, such as grave disability due to a mental health disorder, severe substance use disorder, or a combination of both. The California Constitution mandates that the state reimburse local agencies and school districts for certain state-mandated costs. This bill specifies that if the Commission on State Mandates determines that the bill imposes such costs, reimbursement will be made in accordance with established statutory provisions.