On Tuesday evening, SB
43 (Eggman) – which broadens the definition of
“gravely disabled” for purposes of involuntary detention and
treatment under the Lanterman-Petris-Short (LPS) Act – passed
unanimously out of Assembly Health Committee on a vote of 15-0.
Although no amendments were adopted as the bill passed out of
committee, Health Committee Chair Wood acknowledged that
amendments in concept to narrow the bill have been agreed to
between the author, Assembly Health Committee, and Assembly
Judiciary Committee, where the bill will be heard in the coming
weeks.
While agreement has been reached in concept, specific language is
still being finalized and therefore, amendments are anticipated
to be taken when the bill is heard in the Assembly Judiciary
Committee. The Assembly Health Committee’s analysis summarizes
the agreed upon amendments as follows:
Amend the existing “gravely disabled” definition to include
Severe substance use disorder (SUD) or co-occurring mental
illness and Severe SUD resulting in inability to provide for
food, shelter, clothing, personal safety and necessary medical
care;
Specifically define Severe SUD to include the definition of
Severe SUD in the Diagnostic and Statistical Manual of Mental
Disorders (DSM);
Specifically define personal safety;
Specifically define necessary medical care;
Strike all sections/language related to a definition of
gravely disabled that includes “substantial risk of serious
harm;”
Delay implementation for one year. (Discussion related to a
mechanism for earlier implementation by counties is ongoing.)
Addition of specific data the counties must report to the
Department of Health Care Services on the underlying basis of a
hold. (i.e., danger to self, danger to other, mental Illness,
Severe SUD, both mental illness and Severe SUD.)
Notably, the measure does not provide additional resources to
counties to serve the expanded caseload contemplated in this
measure. CSAC, jointly with the Rural County Representatives of
California and the Urban Counties of California, has taken a
position of concerns (read our letter) and will continue to engage on
this measure.
