Bill Text: CA AB2015 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Certification for intensive treatment: review hearing.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2020-08-13 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2015 Detail]

Download: California-2019-AB2015-Amended.html

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Amended  IN  Assembly  March 10, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2015

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Introduced by Assembly Member Eggman

January 29, 2020

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An act to amend Section 5256.2 of the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL'S DIGEST

AB 2015, as amended, Eggman. Certification for intensive treatment: review hearing.

Existing law authorizes a peace officer or a professional designated by the county to take a person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment, when the person is a danger to self or others, or is gravely disabled, as a result of a mental health disorder. Existing law also authorizes a court to order the evaluation of a person who is alleged to be a danger to self or others as a result of a mental disorder, or the evaluation of a criminal defendant who appears to be a danger to self or others, or to be gravely disabled, as a result of chronic alcoholism or the use of narcotics or restricted dangerous drugs. Existing law authorizes a person who is detained or under court order pursuant to those provisions to be certified, under certain conditions, for not more than 14 days of intensive treatment related to the mental health disorder or impairment by chronic alcoholism.

Existing law requires that a certification review hearing be held, as specified, and governs the procedure for presenting evidence at the hearing. Existing law requires the hearing to be conducted by either a court-appointed commissioner or a referee, or a certification review hearing officer, as described. Existing law authorizes the person to be detained for involuntary care, protection, and treatment related to the mental disorder or impairment by chronic alcoholism if, at the conclusion of the certification review hearing, the person conducting the hearing finds that there is probable cause that the person certified is a danger to self or others or is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, as specified.

This bill would authorize the evidence presented in support of the certification decision to include information regarding the person’s medical condition and how that condition bears on the person’s ability to survive safely without involuntary detention. certifying the person as a danger to themselves or to others or as gravely disabled. The bill would require the hearing officer to consider the information in the determination of probable cause.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 5256.2 of the Welfare and Institutions Code is amended to read:

5256.2.

 At the certification review hearing, the evidence in support of the certification decision shall be presented by a person designated by the director of the facility. In addition, either the district attorney or the county counsel may, in the district attorney’s or county counsel’s discretion, elect to present evidence at the certification review hearing. The evidence presented in support of the certification decision may include information regarding the person’s medical condition and how that condition bears on the person’s ability to survive safely without involuntary detention. certifying the person as a danger to themselves or to others or as gravely disabled. The information shall be considered by the hearing officer in the determination of probable cause, as set forth in Section 5256.6.