Bill Text: CA SB40 | 2019-2020 | Regular Session | Amended
Bill Title: Conservatorship: serious mental illness and substance use disorders.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-10-02 - Chaptered by Secretary of State. Chapter 467, Statutes of 2019. [SB40 Detail]
Download: California-2019-SB40-Amended.html
Amended
IN
Assembly
July 01, 2019 |
Amended
IN
Senate
April 25, 2019 |
Amended
IN
Senate
April 04, 2019 |
Amended
IN
Senate
March 04, 2019 |
Senate Bill | No. 40 |
Introduced by Senators Wiener and Stern (Coauthors: Senators Jones and Moorlach) |
December 03, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 5451 of the Welfare and Institutions Code is amended to read:5451.
In the County of Los Angeles, the County of San Diego, and the City and County of San Francisco, subject to Section 5450, a conservator of the person may be appointed for a person who is incapable of caring for the person’s own health and well-being due to a serious mental illness and substance use disorder. The procedure for establishing, administering, and terminating a conservatorship under this chapter shall be the same as provided for in Division 4 (commencing with Section 1400) of the Probate Code, except as follows:(1)Before the eighth detention of the person in the 12-month period, all of the following:
(A)Made a finding pursuant to Section 5456.
(B)Confirmed that there are adequate resources to appropriately serve the person in the
least restrictive manner.
(C)Designated the public conservator to serve as the potential conservator, and instructed that person to begin preparing for the investigation required pursuant to this chapter.
(2)On the seventh detention of the person in the 12-month period, provided the person with a written notice containing detailed information regarding the possibility that the person may be conserved pursuant to this chapter if they are detained once more in the 12-month period.
(3)Before the seventh detention of the person in the 12-month period, provided the person with the opportunity to engage in voluntary treatment appropriate
for their mental illness and substance use disorders. This opportunity shall be provided at the earliest time possible to prevent the worsening of the person’s condition, and there shall be documented attempts to elicit the cooperation of the person and that these attempts have not been successful.
SEC. 2.
Section 5452 of the Welfare and Institutions Code is amended to read:5452.
For purposes of this chapter, the following definitions apply:(a)“Frequent detention for evaluation and treatment” means eight or more detentions for evaluation and treatment in a 12-month period.
(b)
(c)
SEC. 3.
Section 5453 of the Welfare and Institutions Code is amended to read:5453.
The purpose of conservatorship under this chapter is to provide the least restrictive and most clinically appropriate alternative needed for the protection of a person who is incapable of caring for the person’s own health and well-being due to a serious mental illness and substance use disorder. If the court determines that the person needs to be moved from the person’s current residence, the placement shall be in supportive community housing that provides wraparound services, such as onsite physical and behavioral health services, unless the court, with goodSEC. 4.
Section 5456 of the Welfare and Institutions Code is amended to read:5456.
(a) The establishment of a conservatorship pursuant to this chapter is subject to a finding by the court that the health director of the county or the city and county, or the director’s designee, has fulfilled all of the requirements specified in Section 5451 and that either of the following conditions has been met:SEC. 5.
Section 5462 of the Welfare and Institutions Code is amended to read:5462.
(a) Except as provided in subdivision (c), a conservatorship initiated pursuant to this chapter shall automatically terminate six months after the appointment of the conservator by the superior court, or after a shorter period if ordered by the court. If upon the termination of an initial or a succeeding period of conservatorship the conservator determines that conservatorship is still required, the conservator may petition the superior court for the conservator’s reappointment as conservator for a succeeding six-month period or any shorter period.SEC. 6.
Section 5463 of the Welfare and Institutions Code is amended to read:5463.
(a) The clerk of the superior court shall notify each conservator, the conservatee, the person in charge of the program in which the conservatee receives services, and the conservatee’s attorney, at least 60 days before the termination of the six-month or shorter period. Notification shall be given in person or by first-class mail.SEC. 7.
Section 5465.5 is added to the Welfare and Institutions Code, to read:5465.5.
(a)SEC. 8.
Section 5555 of the Welfare and Institutions Code is amended to read:5555.
(a) The County of Los Angeles, the County of San Diego, and the City and County of San Francisco, subject to Section 5450, shall establish a working group to conduct an evaluation of the effectiveness of the implementation of Chapter 5 (commencing with Section 5450) in addressing the needs of persons with serious mental illness and substance use disorders in the county or the city and county. The evaluation shall include(b)