CA SB 1028

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Description

Existing law, the Lanterman-Petris-Short Act, provides for 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 others or to themselves, or is gravely disabled, the person may, upon probable cause, be taken into custody by specified individuals, including, among others, peace officers, 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. This bill would require the California Health and Human Services Agency (agency) to establish the Behavioral Health Crisis Response Advisory Group for the purpose of examining the role of law enforcement in behavioral health crisis response, as specified. The bill would require the membership of the advisory group to include representatives from, among others, the agency, the State Department of Health Care Services, law enforcement agencies, and county behavioral health departments, as appointed by the Governor. The bill would require the advisory group to meet on or before July 1, 2027, and at least once per quarter thereafter until December 31, 2028. The bill would require the agency, in collaboration with the advisory group, to make recommendations on specified topics, to the extent they relate to law enforcement interaction with behavioral health crisis response, including, among others, a state governance structure to support coordination between behavioral health crisis services accessed through 988 and emergency response systems. The bill would require the agency, in collaboration with the advisory group, to conduct an assessment of the risks associated with categorical nonresponse or limited-response policies adopted by local law enforcement agencies and whether statewide minimum standards or procedural safeguards are needed to prevent gaps in behavioral health crisis response. The bill would require the agency on January 1, 2028, and annually thereafter until January 1, 2030, to report recommendations and assessment results, as specified, to the Legislature. By imposing additional duties on local agencies, this bill would impose a state-mandated local program. This bill would repeal these provisions on January 1, 2031. 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.