Bill Text: CA SB1184 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Mental health: involuntary treatment: antipsychotic medication.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-05-22 - In Assembly. Read first time. Held at Desk. [SB1184 Detail]
Download: California-2023-SB1184-Amended.html
or 5270.15 5270.15, or 5270.70 shall have the right to refuse treatment with antipsychotic medication subject to provisions set forth in this chapter. or 5270.15, or 5270.70, if that person does not refuse that medication following disclosure of the right to refuse medication as well as information required to be given to persons pursuant to subdivision (c) (e) of Section 5152 and
subdivision (b) of Section 5213. his or her the person’s advocate or counsel shall receive a copy of the petition at the time it is filed.
Section 5336 of the Welfare and Institutions Code is amended to read:
Bill Title: Mental health: involuntary treatment: antipsychotic medication.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-05-22 - In Assembly. Read first time. Held at Desk. [SB1184 Detail]
Download: California-2023-SB1184-Amended.html
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Amended
IN
Senate
April 22, 2024 |
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Amended
IN
Senate
March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1184
| Introduced by Senator Eggman |
February 14, 2024 |
An act to amend Section Sections 5325.2, 5332, 5334, and 5336 of the Welfare and Institutions Code, relating to mental health.
LEGISLATIVE COUNSEL'S DIGEST
SB 1184, as amended, Eggman.
Mental health: involuntary treatment: antipsychotic medication.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment of persons who are a danger to themselves or others, or who are gravely disabled, due to a mental disorder or chronic alcoholism or drug abuse for 72 hours for evaluation and treatment, as specified. If certain conditions are met after the 72-hour detention, the act authorizes the certification of the person for a 14-day maximum period of intensive treatment and then another 14-day or 30-day maximum period of intensive treatment after the initial 14-day period of intensive treatment. Existing law, during the 30-day period of intensive treatment, as specified, also authorizes up to an additional 30 days of intensive treatment if certain conditions are met. Existing law authorizes the administration of antipsychotic medication to a person who is detained for evaluation and treatment for any of those
detention periods, except for the second 30-day period, and establishes a process for hearings to determine the person’s capacity to refuse the treatment. Existing law requires a determination of a person’s incapacity to refuse treatment with antipsychotic medication to remain in effect only for the duration of the 72-hour period or initial 14-day intensive treatment period, or both, until capacity is restored, or by court determination.
This bill would authorize the administration of antipsychotic medication to a person who is detained for the second 30-day period. The bill would additionally require the determination of a person’s incapacity to refuse treatment with antipsychotic medication to remain in effect for the duration of the additional 14-day
period or the additional 30-day period after the 14-day intensive treatment period, or the additional period of up to 30 days if certain conditions are met during the first 30-day period. period, and would authorize a person who was found to lack capacity at a capacity hearing to file a petition to request a redetermination hearing on the question of incapacity at the commencement of any of those detention periods, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 5325.2 of the Welfare and Institutions Code is amended to read:5325.2.
Any person who is subject to detention pursuant to Section 5150, 5250, 5260,SEC. 2.
Section 5332 of the Welfare and Institutions Code is amended to read:5332.
(a) Antipsychotic medication, as defined in subdivision (l) of Section 5008, may be administered to any person subject to detention pursuant to Section 5150, 5250, 5260,(b) If any person subject to detention pursuant to Section 5150, 5250, 5260, or 5270.15, or 5270.70, and for whom antipsychotic medication has been prescribed, orally refuses or gives other indication of refusal of treatment with that medication, the medication shall be administered only when treatment staff have considered and determined that treatment alternatives to involuntary medication are unlikely to meet the needs of the patient, and upon a determination of that person’s incapacity to refuse the treatment, in a hearing held for that purpose.
(c) Each hospital in conjunction with the hospital medical staff or any other treatment facility in conjunction
with its clinical staff shall develop internal procedures for facilitating the filing of petitions for capacity hearings and other activities required pursuant to this chapter.
(d) When any a person is subject to detention pursuant to Section 5150, 5250, 5260, or 5270.15, or 5270.70, the agency or facility providing the treatment shall acquire the person’s medication history, if possible.
(e) In the case of an emergency, as defined in subdivision (m) of Section 5008, a person detained pursuant to Section
5150, 5250, 5260, or 5270.15
5270.15, or 5270.70 may be treated with antipsychotic medication over his or her the person’s objection prior to a capacity hearing, but only with antipsychotic medication that is required to treat the emergency condition, which shall be provided in the manner least restrictive to the personal liberty of the patient. It is not necessary for harm to take place or become unavoidable prior to intervention.
SEC. 3.
Section 5334 of the Welfare and Institutions Code is amended to read:5334.
(a) Capacity hearings required by Section 5332 shall be heard within 24 hours of the filing of the petition whenever possible. However, if any party needs additional time to prepare for the hearing, the hearing shall be postponed for 24 hours. In case of hardship, hearings may also be postponed for an additional 24 hours, pursuant to local policy developed by the county mental health director and the presiding judge of the superior court regarding the scheduling of hearings. The policy developed pursuant to this subdivision shall specify procedures for the prompt filing and processing of petitions to ensure that the deadlines set forth in this section are met, and shall take into consideration the availability of advocates and the treatment needs of the patient. In no event shall hearings be held beyond 72 hours of the filing of the petition. The person who is the subject of the petition and(b) Capacity hearings shall be held in an appropriate location at the facility where the person is receiving treatment, and shall be held in a manner compatible with, and the least disruptive of, the treatment being provided to the person.
(c) Capacity hearings shall be conducted by a superior court judge, a court-appointed commissioner or referee, or a court-appointed hearing officer. All commissioners, referees, and hearing officers shall be appointed by the superior court
from a list of attorneys unanimously approved by a panel composed of the local mental health director, the county public defender, and the county counsel or district attorney designated by the county board of supervisors. No employee of the county mental health program or of any facility designated by the county and approved by the department as a facility for 72-hour treatment and evaluation may serve as a hearing officer. All hearing officers shall receive training in the issues specific to capacity hearings.
(d) The person who is the subject of the capacity hearing shall be given oral notification of the determination at the conclusion of the capacity hearing. As soon thereafter as is practicable, the person, his or her the person’s counsel or advocate,
and the director of the facility where the person is receiving treatment shall be provided with written notification of the capacity determination, which shall include a statement of the evidence relied upon and the reasons for the determination. A copy of the determination shall be submitted to the superior court.
(e) (1) The person who is the subject of the capacity hearing may appeal the determination to the superior court or the court of appeal.
(2) The person who has filed the original petition for a capacity hearing may request the district attorney or county counsel in the county in which where
the person is receiving treatment to appeal the determination to the superior court or the court of appeal, on behalf of the state.
(3) Nothing shall prohibit treatment from being initiated pending appeal of a determination of incapacity pursuant to this section.
(4) Nothing in this section shall be construed to preclude the right of a person to bring a writ of habeas corpus pursuant to Section 5275, subject to the provisions of this chapter.
(f) All appeals to the superior court pursuant to this section shall be subject to de novo review.
(g) (1) A person who was found to lack capacity at a capacity hearing may file a petition to
request a redetermination hearing on the question of capacity at the commencement of any detention period described in Section 5260, 5270.15, or 5270.70.
(2) The facility where a person described in paragraph (1) is receiving treatment shall inform the person, and their advocate, of the person’s right to request a redetermination on the question of incapacity at the commencement of any detention period described in Section 5260, 5270.15, or 5270.70.
(3) Capacity redetermination hearings shall be conducted in the same manner as capacity hearings pursuant to this section.
(4) Capacity redetermination hearings held pursuant to this subdivision may raise new information and evidence that was not raised in the original capacity hearing or any other capacity redetermination hearing.
(5) The question of capacity shall be reviewed de novo and under the same burden of proof applied in the initial capacity hearing.
(6) The person who is the subject of the capacity redetermination hearing may appeal the determination to the superior court or the court of appeal.
(7) Nothing shall prohibit treatment from continuing pending a determination of incapacity pursuant to this subdivision.
