SB 43 Passes First Policy Committee in the Assembly – Moves to Judiciary Committee
June 29, 2023
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 and will continue to engage on this measure.