Bill Text: CA SB1184 | 2023-2024 | Regular Session | Amended
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
Amended
IN
Senate
May 02, 2024 |
Amended
IN
Senate
April 22, 2024 |
Amended
IN
Senate
March 21, 2024 |
Introduced by Senator Eggman |
February 14, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
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, 5270.15, or 5270.70 shall have the right to refuse treatment with antipsychotic medication subject to provisions set forth in this chapter.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, 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 (e) of Section 5152 and subdivision (b) of Section 5213.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 the person’s advocate or counsel shall receive a copy of the petition at the time it is filed.(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.