Amended  IN  Senate  March 08, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 340

Introduced by Senator Stern

February 09, 2021

An act relating to public health. An act to amend Section 5118 of the Welfare and Institutions Code, relating to mental health.


LEGISLATIVE COUNSEL'S DIGEST


SB 340, as amended, Stern. Public health: mental health services. Lanterman-Petris-Short Act: hearings.
The Lanterman-Petris-Short Act authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed, and authorizes a conservator of the person, of the estate, or of 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, or a person who is incapable of caring for their own health and well-being due to a serious mental illness and substance use disorder. The act designates procedures for a hearing under these provisions for a court to receive oral and written evidence.
This bill would require a court to allow a family member, friend, or acquaintance who is knowledgeable about a person who is the subject of any hearing under these provisions to testify. The bill would also make technical changes.

Existing law authorizes the State Department of Public Health to advise and assist local departments of health and education in the provision of mental health services.

This bill would state the intent of the Legislature to enact legislation to improve the efficacy of mental health services by addressing placement, referrals, and continuity of care.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 5118 of the Welfare and Institutions Code is amended to read:

5118.
 (a) (1) For the purpose of conducting hearings a hearing under this part, the court in and for the county where the petition is filed may be convened at any time and place within or outside the county suitable to the mental and physical health of the patient, and receive evidence both oral and written, and render decisions, except that the time and place for hearing shall not be different from the time and place for the trial of civil actions for such court if any party to the proceeding, prior to the hearing, objects to the different time or place.

Hearings

(2) A hearing under this part conducted at any state hospital or any mental health facility designated by any county as a treatment facility under this part or any facility referred to in Section 5358 or Division 7 (commencing with Section 7100), within or outside the county, shall be deemed to be hearings held in a place for the trial of civil actions and in a regular courtroom of the court.

Notwithstanding

(b) Notwithstanding any other provisions of this section, any party to the proceeding hearing under this part may demand that the hearing be public, and be held in a place suitable for attendance by the public.
(c) Notwithstanding any other law, the court shall allow a family member, friend, or acquaintance who is knowledgeable about a person who is the subject of any hearing under this part to testify.

Notwithstanding

(d) Notwithstanding any other provisions of law, any hearing under this part which was held before enactment of this section but which would have been in accordance with this section had it been effective is deemed to be valid for all purposes.

As

(e) As used in this section, a “hearing under this part” includes conservatorship and other hearings held pursuant to Chapter 3 (commencing with Section 5350) of this part. 5350).

SECTION 1.

It is the intent of the Legislature to enact legislation to improve the efficacy of public health resources to ensure access to mental health services for Californians by improving timeliness of placement, addressing shortcomings in referrals, and enhancing continuity of care.