Amended
IN
Assembly
June 30, 2023 |
Amended
IN
Senate
April 27, 2023 |
Amended
IN
Senate
April 17, 2023 |
Amended
IN
Senate
March 30, 2023 |
Amended
IN
Senate
February 28, 2023 |
Introduced by Senator Eggman (Principal coauthors: Senators Niello and Wiener) (Principal coauthor: Assembly Member Santiago) (Coauthors: Senators Allen, Dodd, Menjivar, Roth, Rubio, and Stern) (Coauthors: Assembly Members Chen, Friedman, Gallagher, Quirk-Silva, Wicks, McCarty, and Wood) |
December 05, 2022 |
(C)(i)A condition in which a person, as a result of a mental health disorder or a substance use disorder, or both, is at substantial risk of serious harm or is currently experiencing serious harm to their physical or mental health.
(ii)“Serious harm” means significant deterioration, debilitation, or illness due to the person’s failure to meet one or more of the following conditions:
(I)Satisfy the need for nourishment.
(II)Attend to necessary personal or medical care.
(III)Utilize adequate shelter.
(IV)Be adequately clothed.
(V)Attend to self-protection or personal safety.
(iii)A substantial risk of serious harm to the physical or mental health of the person may be evidenced by the fact that they previously suffered serious harm to their physical or mental health in the historical course of their mental health disorder or substance use disorder, their condition is again deteriorating, they are unable to understand their disorder, and their decisionmaking is impaired due to their lack of insight into their disorder.
(iv)The existence of a mental health disorder or substance use disorder diagnosis does not alone establish serious harm or a substantial risk of serious harm to the physical or mental health of a person.
(a)(1)When ordered by the court after the hearing required by this section, a conservator appointed pursuant to this chapter shall place their conservatee as follows:
(A)For a conservatee who is gravely disabled, as defined in subparagraph (A) or (C) of paragraph (1) of subdivision (h) of Section 5008, in the least restrictive alternative placement, as designated by the court.
(B)For a conservatee who is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008, in a placement that achieves the purposes of treatment of the conservatee and protection of the public.
(2)The placement may include a medical, psychiatric, nursing, or other state-licensed facility, or a state hospital, county hospital, hospital operated by the Regents of the University of California, a United States government hospital, or other nonmedical facility approved by the State Department of Health Care Services or an agency accredited by the State Department of Health Care Services, or in addition to any of the foregoing, in cases of chronic alcoholism, to a county alcoholic treatment center.
(b)A conservator shall also have the right, if specified in the court order, to require the conservatee to receive treatment related specifically to remedying or preventing the recurrence of the conservatee’s
being gravely disabled, or to require the conservatee to receive routine medical treatment unrelated to remedying or preventing the recurrence of the conservatee’s being gravely disabled. Except in emergency cases in which the conservatee faces loss of life or serious bodily injury, surgery shall not be performed upon the conservatee without the conservatee’s prior consent or a court order obtained pursuant to Section 5358.2 specifically authorizing that surgery.
(c)(1)For a conservatee who is gravely disabled, as defined in subparagraph (A) or (C) of paragraph (1) of subdivision (h) of Section 5008, if the conservatee is not to be placed in the conservatee’s own home or the home of a relative, first priority shall be to placement in a suitable
facility as close as possible to the conservatee’s home or the home of a relative. For the purposes of this section, suitable facility means the least restrictive residential placement available and necessary to achieve the purpose of treatment. At the time that the court considers the report of the officer providing conservatorship investigation specified in Section 5356, the court shall consider available placement
alternatives. After considering all the evidence, the court shall determine the least restrictive and most appropriate alternative placement for the conservatee. The court shall also determine those persons to be notified of a change of placement. The fact that a person for whom conservatorship is recommended is not an inpatient shall not be construed by the court as an indication that the person does not meet the criteria of grave disability.
(2)For a conservatee who is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008, first priority shall be placement in a facility that achieves the purposes of treatment of the conservatee and protection of the public. The court shall determine the most appropriate placement for the conservatee. The court shall also determine those persons to be notified of a change of placement, and additionally require the conservator to notify the district attorney or attorney representing the originating county prior to any change of placement.
(3)For any conservatee, if requested, the local mental health director shall assist the conservator or the court in selecting a placement facility for the conservatee. When a conservatee who is receiving services from the local mental health program is placed, the conservator shall inform the local mental health director of the facility’s location and any movement of the conservatee to another facility.
(d)(1)Except for a conservatee who is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008, the conservator may
transfer the conservatee to a less restrictive alternative placement without a further hearing and court approval. When a conservator has reasonable cause to believe that their conservatee is in need of immediate more
restrictive placement because the condition of the conservatee has so changed that the conservatee poses an immediate and substantial danger to themselves or others, the conservator shall have the right to place the conservatee in a more restrictive facility or hospital. Notwithstanding Section 5328, if the change of placement is to a placement more restrictive than the court-determined placement, the conservator shall provide written notice of the change of placement and the reason therefor to the court, the conservatee’s attorney, the county patient’s rights advocate, and any other persons designated by the court pursuant to subdivision (c).
(2)For a conservatee who is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008, the conservator may not transfer the conservatee without providing written notice of the proposed change of placement and the reason therefor to the court, the conservatee’s attorney, the county patient’s rights advocate, the district attorney of the county that made the commitment, and any other persons designated by the court to receive notice. If any person designated to receive notice objects to the proposed transfer within 10 days after receiving notice, the matter shall be set for a further hearing and court approval. The notification and hearing is not required for the transfer of persons between state hospitals.
(3)At a hearing where the conservator is seeking placement to a less restrictive alternative placement pursuant to paragraph (2), the placement shall not be approved if it is determined by a preponderance of the evidence that the placement poses a threat to the safety of the public, the conservatee, or any other individual.
(4)A hearing as to placement to a less restrictive alternative placement, whether requested pursuant to paragraph (2) or pursuant to Section 5358.3, shall be granted no more frequently than is provided for in Section 5358.3.