Catherine Stefani

Existing law, known as Laura's Law, requires a county or group of counties to provide assisted outpatient treatment as part of mental health services, unless a county or group of counties opts out by a resolution passed by the governing body, as specified. For participating counties, existing law authorizes a court to order a person who is the subject of a certain petition to obtain assisted outpatient treatment if the court finds, by clear and convincing evidence, that various conditions are met, including, among others, that the person is experiencing a mental illness and that the person has a history of lack of compliance with treatment for their mental illness, as specified. Existing law sets forth certain rights of the person relating to the hearing and imposes conditions on an extension to an initial treatment order.

This bill would authorize the county behavioral health director, or their designee, to file a petition for an order authorizing the use of involuntary psychotropic medication independent of, or concurrently with, a petition for assisted outpatient treatment. The bill would authorize a court to issue an order for the use of involuntary medication if the court finds, by clear and convincing evidence, that the facts stated in the required verified petition are true and establish that, among other things, a licensed mental health treatment provider has determined the person who is the subject of the petition has a serious mental disorder. The bill would specify rights that the person who is the subject of the petition is entitled to, including the right to demand a court or jury trial on the issue or issues of whether the person has a serious mental disorder, the person does not have the capacity to refuse treatment with psychotropic medications, or the psychotropic medications are necessary to prevent a relapse or deterioration that would be likely to result in grave disability or serious harm to the person or to others. The bill would provide the procedure for filing of the petition and setting of a trial date. The bill would prohibit any order for involuntary medication until the conclusion of the court or jury trial. The bill would authorize a licensed mental health provider who is a member of the assisted outpatient treatment services team to request that first responders take the subject of the petition into custody and transport the person, or cause the person to be transported, to a designated facility for the administration of the court-ordered medication if specified conditions are met. If the court grants the petition for involuntary psychotropic medication, the bill would require the county behavioral health director, or their designee, to file an affidavit with the court, as specified, affirming that the person who is the subject of the order continues to meet the criteria for the involuntary medication order and whether any medication changes pursuant to authorization occurred during the prior 60 days. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.

The bill would also prohibit criminal or civil liability for an individual authorized to take custody of and transport individuals with an involuntary medication order issued pursuant to these provisions exercising this authority in accordance with the law.

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.