Existing law authorizes a court to grant pretrial diversion to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. Existing law provides that a defendant is eligible for diversion if they have been diagnosed with certain mental disorders and the court finds that the mental disorder was a significant factor in the commission of the charged offense, unless there is clear and convincing evidence that the disorder was not a motivating, causal, or contributing factor to the defendant's involvement in the alleged offense. Existing law prohibits defendants charged with specified offenses, including murder, from being placed in this diversion program. This bill would require that the diagnosis or rediagnosis with a mental disorder be within 5 years before the alleged offense. Existing law makes a defendant suitable for this diversion program if, among other criteria, a qualified mental health expert opines that the defendant's symptoms of the mental disorder that caused, contributed to, or motivated the criminal behavior, would respond to mental health treatment and the defendant will not pose an unreasonable risk of danger to public safety if treated in the community, as specified. The bill would revise that standard and instead require the court to find that the defendant will not pose a substantial and undue risk to the physical safety of another person if treated in the community. The bill would require the mental health expert's opinion to include that the proposed mental health diversion plan is clinically appropriate to address the symptoms of the defendant's mental disorder, as specified. The bill would require the court to state the reasons for denial on the record.
(1) Existing law, the Lanterman-Petris-Short (LPS) Act, authorizes the involuntary commitment and treatment of persons with specified mental disorders. Under the act, when a person, as a result of a mental health disorder, is a danger to themselves or others, or is gravely disabled, the person may, upon probable cause, be taken into custody by specified individuals, including, among others, a peace officer and a designated member of a mobile crisis team, and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment. Existing law defines "assessment" for those purposes to mean the determination of whether a person shall be evaluated and treated. This bill would require an assessment to consider reasonably available, relevant information as specified. The bill would also authorize an assessment to be used to assist specified individuals in developing an aftercare plan for an individual, if that individual has agreed to an aftercare plan and can be properly served without being detained. (2) Existing law provides a procedure for the appointment of a conservator for a person who is determined to be gravely disabled as a result of a mental disorder or an impairment by chronic alcoholism (hereafter LPS conservatorship) . Under existing law, a professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment may recommend a LPS conservatorship for a gravely disabled person in their care if the professional person determines that the person is unwilling to accept, or is incapable of accepting, treatment voluntarily. Under existing law, a professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment or a professional person in charge of providing mental health treatment at a county jail, or their designee, may recommend a conservatorship for a gravely disabled person without that person being an inpatient in a facility providing comprehensive evaluation or intensive treatment if specified conditions are met. This bill would additionally authorize recommendations for an LPS conservatorship if a determination is made that the gravely disabled person has demonstrated an inability to accept voluntary treatment due to apparent incapacity. The bill would expand the list of individuals or entities that may recommend a conservatorship for a gravely disabled person without that person being an inpatient in a facility providing comprehensive evaluation or intensive treatment to include, among others, the county agency providing investigations for conservatorships of the person. (3) Existing law separately provides for the establishment of a conservatorship for a person who is unable to properly provide for their personal needs or is substantially unable to manage their finances (hereafter probate conservatorship) . Existing law requires the officer providing conservatorship investigation, if they concur with the recommendation of the professional person or facility, to petition the superior court in the patient's county of residence to establish a conservatorship. Existing law requires the officer providing conservator investigation to investigate all available alternatives to conservatorship, including, among other things, assisted outpatient treatment, as specified, and the Community Assistance, Recovery, and Empowerment Act program. Existing law requires the officer to recommended conservatorship to the court only if no suitable alternatives are available. Existing law requires the officer to render to the court a comprehensive written report of investigation prior to the hearing and to set forth all alternatives available if the officer recommends either for or against conservatorship. This bill would specify probate conservatorships with or without major neurocognitive disorder powers in the list of available alternatives that the officer providing conservatorship investigation is required to investigate. In a county where probate conservatorship and LPS conservatorship duties are split between separate agencies, the bill would require LPS conservatorship referrals that include the presence of a major neurocognitive disorder to be reviewed by both agencies to ensure the continuity of evaluations. The bill would additionally require an officer providing conservatorship investigation to include a recommended individualized plan for treatment and care drawn from the documented list of less-restrictive alternatives in the written report described above if the officer recommends against an LPS conservatorship. The bill would also make various clarifying changes. By expanding the duties of county agencies that provide services related to probate conservatorships and LPS conservatorships, and by expanding the duties of the county officer providing conservatorship investigation, this bill would impose a state-mandated local program. (4) Existing law authorizes a conservator of the person, the estate, or the person and the estate to be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism for the purpose of providing individualized treatment, supervision, and placement. Existing law requires the creation of an individualized treatment plan within 10 days of the establishment of a conservatorship, as specified. Existing law requires the treatment plan to specify goals for the conservatee's treatment, the criteria by which the accomplishment of those goals can be adjudged, and a plan for reviewing the progress of the treatment. If a treatment plan is not developed or if the conservator fails to report to the court that the conservatee is no longer gravely disabled, existing law requires specified individuals, including a person designated by the county, to refer the matter to the court. Existing law requires the court, upon report by a person designated by the county that the goals have been reached and the person is no longer gravely disabled, to terminate the conservatorship. This bill would require an individualized treatment plan to specify goals for stabilization, the individual's evidenced-based treatment, and movement to a less-restrictive setting. The bill would require those goals to include the criteria by which accomplishment can be judged. The bill would require the treatment plan to be filed with the court, as specified, after it is developed. The bill would require the court to order the treating agency to remedy any perceived defects in a treatment plan if the plan does not meet the specified goals and criteria and would create procedures for remedying those defects and terminating the conservatorship. The bill would authorize the court, upon termination of the conservatorship, to refer the individual to assisted outpatient treatment or CARE court, as specified. This bill would prohibit the court from terminating the conservatorship prior to the end of the conservator's one-year mark if the conservatee cannot be located at any point during that one-year period, except as specified. The bill would require, when a county is filing a petition and the county is aware that the subject of the petition was, within the prior 6 months, a conservatee whose conservatorship was terminated before the one-year termination date, to include in its petition the circumstances that gave rise to the termination. Because this bill would increase the duties on county personnel, this bill would impose a state-mandated local program. (5) Existing law, the Community Assistance, Recovery, and Empowerment (CARE) Act, authorizes specified people to petition a civil court to create a CARE plan to provide an individualized, appropriate range of community-based services and supports to an eligible individual. Under the CARE Act, all reports, evaluations, diagnoses, and other information filed with the court that are related to the respondent are confidential, except as specified. This bill would authorize that information to be shared only by a court order or as approved by the respondent. If the information is used outside of the above-described proceedings, the bill requires a court order for that information to be shared. This bill would authorize a court, at any point after entry of a CARE agreement or adoption of a CARE plan, to order the respondent to an evaluation under the LPS without a petition from the county if the court believes the respondent has become gravely disabled. The bill would establish the procedures required before a court could issue an order pursuant to these provisions. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law authorizes the court to grant pretrial diversion to a defendant diagnosed with a mental disorder if the defendant satisfies certain eligibility requirements and if the court determines that the defendant is suitable for diversion. Existing law defines "pretrial diversion" as the postponement of prosecution to allow the defendant to undergo mental health treatment, subject to certain requirements, such as the court is satisfied that the recommended program will meet the specialized needs of the defendant, among others. Existing law provides that a defendant is suitable for pretrial diversion if certain criteria are met, including that the defendant agrees to comply with the treatment as a condition of diversion and they will not pose an unreasonable risk of danger to public safety, among others. Existing law defines "unreasonable risk of danger to public safety" as an unreasonable risk that the defendant will commit a new violent felony, as specified. This bill would additionally require that the defendant agree that the recommended treatment plan will meet their specialized needs and would redefine "pretrial diversion" to require that the court is also satisfied that the recommended program is consistent with the underlying purpose of mental health diversion, as described. The bill would state that, notwithstanding the court's determination whether a defendant may pose an unreasonable risk that the defendant will commit a new violent felony, the court retains discretion to deny pretrial diversion if it concludes that the defendant poses an unreasonable risk to the physical safety of another.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, through fee-for-service or managed care delivery systems. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Under existing Medi-Cal provisions, behavioral health services, including specialty mental health services and substance use disorder treatment, are provided under the Medi-Cal Specialty Mental Health Services Program, the Drug Medi-Cal Treatment Program, and the Drug Medi-Cal organized delivery system (DMC-ODS) program, as specified. This bill would require each Medi-Cal managed care plan, county specialty mental health plan, Drug Medi-Cal certified program, and DMC-ODS program to electronically provide data for members of the respective entities to support member care. The bill would require the department to determine minimum data elements and the frequency and format of data sharing through a stakeholder process and guidance, with final guidance to be published by the department by January 1, 2027, in compliance with privacy laws.
Existing law provides funding for homelessness prevention and mental health services through various state programs, such as Housing First, and the Early Psychosis Intervention Plus Program. Existing law establishes the State Department of Health Care Services and, among other things, requires the department to implement certain mental health services through contracts with a county or counties acting jointly. Existing law requires the Governor to create a California Interagency Council on Homelessness to serve as a statewide facilitator, coordinator, and policy development resource on ending homelessness in California, among other things. Existing law requires the council to create a statewide data system with a goal of matching data on homelessness to programs impacting homeless recipients of state programs. This bill would require the Controller, by January 1, 2027, in collaboration with the department and the council to develop, publish, and maintain an online search portal that contains specified information relating to state funding for programs as described above. The bill would require the portal to include funding amounts provided in the current fiscal year and the previous 10 fiscal years, as well as specified information about the state program that received the funds and the department or agency that administers the program. The bill would require the Controller, the department and the council to each include a link to the online portal on their internet websites. The bill would authorize the Controller, the department and the portal to request any relevant information from a state agency or department for the purpose of reporting accurate information within the portal.
Existing law generally provides requirements for the licensing of business establishments. Existing law requires a business that provides services to minors, as defined, to provide written notice to the parent or guardian of a minor participating in the service offered by the business regarding the business' policies relating to criminal background checks for employees, as specified. Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information as required by statute to specified entities, including a human resource agency or an employer. Under existing law, the disclosure of state summary criminal history information to an unauthorized person is a crime. This bill would require a person who provides behavioral health treatment for a behavioral health center, facility, or program to undergo a background check, as specified. By expanding the scope of the crime of unlawful disclosure of state summary criminal history information, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers for the provision of services and supports for persons with developmental disabilities and their families. Existing law, until July 1, 2026, creates the Advisory Council on Improving Interactions between People with Intellectual and Development Disabilities and Law Enforcement, under the Department of Justice, to, among other things, evaluate existing training for peace officers specific to interactions between law enforcement and individuals with intellectual and developmental disabilities. Existing law requires the council to submit a report including recommendations to the Legislature for improving outcomes of interactions with both individuals who have an intellectual or developmental disability and mental health conditions, as specified. This bill would require the State Department of Developmental Services to conduct a statewide evaluation of safety training services provided by regional centers, as specified. The bill would require the department, by July 1, 2028, to submit a report to the Legislature summarizing its findings and recommendations and would require the recommendations to address specified topics, including, among others, recommendations for establishing standardized, statewide protocols for responding to crises involving individuals with intellectual or developmental disabilities. The bill would state the intent of the Legislature to consider, upon receipt and consideration of that report, providing funding to the department for the purpose of developing, implementing, and sustaining safety training services statewide.
Existing law authorizes a county to establish a homeless adult and family multidisciplinary personnel team, as defined, with the goal of facilitating the expedited identification, assessment, and linkage of homeless individuals to housing and supportive services within that county and to allow provider agencies to share confidential information for the purpose of coordinating housing and supportive services to ensure continuity of care. This bill would authorize a county to also establish a behavioral health multidisciplinary personnel team, as defined, with the goal of facilitating the expedited identification, assessment, and linkage of a justice-involved person, as defined, diagnosed with a mental illness to supportive services within that county while incarcerated and upon release from county jail and to allow provider agencies and members of the personnel team to share confidential information, as specified, for the purpose of coordinating supportive services to ensure continuity of care. The bill would require the sharing of information permitted under these provisions to be governed by protocols developed in each county, as specified. This bill would authorize a behavioral health multidisciplinary personnel team to designate a qualified person to be a member of the team for a particular case and would require a member who receives information or records regarding a justice-involved person in their capacity as a member of the team to be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The bill would also require the information or records to be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.
Existing law, the Community Assistance, Recovery, and Empowerment (CARE) Act, authorizes specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services, to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria. Existing law authorizes a specified individual to commence the CARE process, known as the original petitioner. Existing law authorizes the court to dismiss a case without prejudice when the court finds that a petitioner has not made a prima facie showing that they qualify for the CARE process. Existing law requires the court to take prescribed actions if it finds that a prima facie showing has been made, including, but not limited to, setting the matter for an initial appearance on the petition. Existing law requires the court, if it determines the parties have entered or are likely to enter into a CARE agreement, to either approve or modify the CARE agreement and continue the matter at a progress hearing in 60 days, or continue the matter for 14 days to allow the parties additional time to enter into an agreement. Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law requires the court to, for a person found mentally incompetent and not charged with certain offenses, among other things, determine whether restoring the person to mental competence is in the interests of justice. Existing law requires the court to, if restoring the person to mental competence is not in the interests of justice, conduct a hearing, as specified, and determine the person's eligibility for diversion. Under existing law, if the court determines, at the first hearing, that the person is ineligible for diversion, the court is required to hold a hearing to determine the person's other options, including the CARE program. Existing law authorizes a court to refer an individual from, among other things, assisted outpatient treatment or conservatorship proceedings, as specified, to CARE Act proceedings. Existing law provides that if the individual is referred from assisted outpatient treatment, the county behavioral health director or their designee shall be the petitioner, whereas if the referral is from conservatorship proceedings, the conservator or proposed conservator is the petitioner. This bill would allow the court to make a prima facie determination without conducting a hearing. The bill, in the first hearing to determine competence to stand trial, would authorize the court to consider the petitioner's eligibility for both diversion and the CARE program. The bill would authorize the court to refer the petitioner to the CARE Act court if the defendant or counsel for the defendant agrees to the referral and the court has reason to believe the petitioner may be eligible for the CARE program. If the petitioner is not accepted into the CARE program or if the CARE Act court refers the petitioner back to criminal court, as specified, the bill would require the criminal court to conduct a hearing to determine whether the petitioner is eligible for a diversion program. The bill would authorize the county behavioral health agency and jail medical providers to share confidential medical records and other relevant information with the court for the purpose of determining likelihood of eligibility for behavioral health services and programs. The bill would authorize the court to call additional progress hearings after 60 days. The bill would also include persons suffering from bipolar I disorder with psychotic features, except for psychosis related to current intoxication, in the disorder class. The bill would additionally authorize a court to refer an individual from felony proceedings, as specified, to the CARE Act program. The bill would authorize a CARE Act court to consider a referral as a petition for participation in the CARE program if certain requirements are met. The bill would make additional technical and conforming changes. Existing law requires the Judicial Council to develop a mandatory form for use to file a CARE process petition with the court, and requires the petition to be signed under penalty of perjury and include either an affidavit of a licensed behavioral health professional, as defined, or evidence that the respondent was detained for a minimum of 2 intensive treatments, as specified. The bill would additionally include a nurse practitioner and physician assistant as a licensed behavioral health professional for purposes of individuals authorized to prepare an affidavit supporting a CARE process petition. By increasing various duties on county behavioral health agencies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) Existing law, the Mental Health Services Act (MHSA) , an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, established the Mental Health Services Oversight and Accountability Commission to oversee the implementation of the MHSA. Existing law specifies the composition of the 16-member commission, including the Attorney General or their designee, the Superintendent of Public Instruction or their designee, specified members of the Legislature, and 12 members appointed by the Governor, as prescribed. Existing law, the Behavioral Health Services Act (BHSA) , an initiative measure enacted by the voters as Proposition 1 at the March 5, 2024, statewide primary election, recast the MHSA by, among other things, renaming the commission to the Behavioral Health Services Oversight and Accountability Commission and changing its composition and duties. This bill would make technical changes to reflect the correct name of the commission. (2) Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. Existing law requires a health facility to develop, implement, and comply with a patient safety plan to improve the health and safety of patients and to reduce preventable patient safety events. Existing law requires a patient safety plan to contain specified elements, including, but not limited to, a reporting system for patient safety events that allows anyone involved to make a report of a patient safety event to the health facility and a process for a team of facility staff to conduct analyses related to root causes of patient safety events. Existing law, commencing January 1, 2026, and biannually thereafter, requires a health facility to submit a patient safety plan to the department. A violation of these provisions is a crime. This bill would instead require a health facility to submit a patient safety plan to the department biennially. The bill would also make technical corrections to those provisions. (3) Existing law establishes the State Department of Public Health and sets forth its powers and duties to license and administer health facilities, as defined, including skilled nursing facilities and intermediate care facilities. Existing law requires the department to prepare and maintain a list of approved training programs for nurse assistant certification, which are required to include a precertification training program consisting of at least 60 classroom hours of training on basic nursing skills, patient safety and rights, the social and psychological problems of patients, and elder abuse recognition and reporting and at least 100 hours of supervised and on-the-job training clinical practice. Existing law requires at least 2 hours of the 60 hours of classroom training and at least 4 hours of the 100 hours of the supervised clinical training to address the special needs of persons with developmental and mental disorders, including intellectual disability, Alzheimer's disease, cerebral palsy, epilepsy, dementia, Parkinson's disease, and mental illness. A violation of these provisions is a crime. This bill would require that at least 2 of the 60 hours of classroom training address the special needs of persons with Alzheimer's disease and related dementias. By changing the definition of a crime, this bill would impose a state-mandated local program. (4) Existing law requires a hospital, as defined, to maintain an understandable written policy regarding discount payments for financially qualified patients as well as a written charity care policy, and requires a hospital to negotiate the terms of a discount payment plan with an eligible patient, as specified. Existing law requires each hospital to provide patients with written notice, provided at the time of service, about the availability of the hospital's discount payment and charity care policies, and other additional information. This bill would authorize, with the exception of emergency room visits, a hospital to provide the written notice in either hard copy or, if the patient has previously consented to receive electronic communications, using the patient's preferred electronic notification method. The bill would require the written notice related to an emergency room visit to be provided in hard copy. The bill would require, if the notice is provided electronically, the notice to be sent separately from any other electronic communications and to prominently indicate in the subject line that the notice is related to the hospital's discount and charity care policies. (5) Existing law authorizes the State Department of Public Health to develop and administer a syndromic surveillance program and, subject to an appropriation, to either designate an existing system or to create a new system that would be required, at a minimum, to provide public health practitioners access to an electronic health system to rapidly collect, evaluate, share, and store syndromic surveillance data, as specified. This bill would make technical corrections to related provisions. (6) Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires a large group disability insurance policy and a small group disability insurance policy, except as specified, issued, amended, or renewed on or after January 1, 2026, to provide coverage for the diagnosis and treatment of infertility and fertility services, as specified. This bill would instead require a large group health insurance policy and a small group health insurance policy, except as specified, to offer the above-described services. (7) Existing law requires an insurer to provide an insured with an annual written or electronic notice regarding the benefits of a behavioral health and wellness screening, as defined, for children and adolescents 8 to 18 years of age. This bill would make technical changes to those provisions. (8) Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law requires, commencing January 1, 2022, that Community-Based Adult Services (CBAS) continue to be available as a capitated benefit for a qualified Medi-Cal beneficiary under a comprehensive risk contract with an applicable Medi-Cal managed care plan. This bill would make a technical correction to this provision. (9) Existing law, subject to any necessary federal approvals, sets forth various Medi-Cal provisions relating to complex rehabilitation technology (CRT) , which is a form of durable medical equipment, including, but not limited to, complex rehabilitation manual and power wheelchairs. Existing law requires a CRT provider to comply with certain standards, including requiring a qualified rehabilitation technology professional to be physically present for the evaluation. This bill would make a technical correction to this provision. (10) Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics under the administration and enforcement of the State Department of Public Health. Existing law requires a manufacturer of baby food, as defined, for sale or distribution in this state to test a representative sample of each production aggregate of the manufacturer's final baby food product, at a proficient laboratory meeting certain criteria, for toxic elements, as specified. Existing law defines baby food as food packaged in jars, pouches, tubs, and boxes represented or purported to be specifically for babies and young children less than 2 years of age and excludes infant formula. This bill would clarify that baby food does not include dietary supplements, as defined. (11) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
