SB 1338

  • California Senate Bill
  • 2021-2022 Regular Session
  • Introduced in Senate Feb 18, 2022
  • Passed Senate May 25, 2022
  • Assembly
  • Governor

Community Assistance, Recovery, and Empowerment (CARE) Court Program.

Abstract

(1) Existing law, the Assisted Outpatient Treatment Demonstration Project Act of 2002, known as Laura's Law, requires each county to offer specified mental health programs, unless a county or group of counties opts out by a resolution passed by the governing body, as specified. Existing law, the Lanterman-Petris-Short Act, provides for short-term and longer-term involuntary treatment and conservatorships for people who are determined to be gravely disabled. This bill would enact the Community Assistance, Recovery, and Empowerment (CARE) Act, which would authorize specified persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services to adults who are currently experiencing a severe mental illness and have a diagnosis of schizophrenia spectrum and psychotic disorders and who meet other specified criteria. The bill would specify the process by which the petition is filed and reviewed, including requiring the petition to be signed under penalty of perjury, and to contain specified information, including the facts that support the petitioner's assertion that the respondent meets the CARE criteria. The bill would also specify the schedule of review hearings required if the respondent is ordered to comply with an up to one-year CARE plan by the court. The bill would make the hearings in a CARE proceeding confidential and not open to the public, thereby limiting public access to a meeting of a public body. The bill would authorize the CARE plan to be extended once, for up to one year, and would prescribe the requirements for the graduation plan. By expanding the crime of perjury and imposing additional duties on the county behavioral health agencies, this bill would impose a state-mandated local program. This bill would require the court to appoint counsel for the respondent, unless the respondent has retained their own counsel. The bill would authorize the respondent to have a supporter, as defined. The bill would require the State Department of Health Care Services to provide optional training and technical resources for volunteer supporters on CARE Act proceedings, community services and supports, supported decisionmaking, and other topics, as prescribed. This bill, subject to appropriation, would require the California Health and Human Services Agency, or a designated department within that agency, to engage an independent, research-based entity to advise on the development of data-driven process and outcome measures for the CARE Act and to provide coordination and support among relevant state and local partners and other stakeholders throughout the phases of county implementation of the CARE Act. The bill, also subject to appropriation, would require the State Department of Health Care Services to provide training and technical assistance to county behavioral health agencies to implement the act and would require the Judicial Council and the State Department of Health Care Services to provide training to judges and counsel regarding the CARE Act, as specified. This bill would authorize the court, at any time during the proceedings if it finds the county or other local government entity not complying with court orders, to fine the county or other local government entity up to $1,000 per day and, if the court finds persistent noncompliance, to appoint a receiver to secure court-ordered care for the respondent at the county's cost. The bill would establish the CARE Act Accountability Fund in the State Treasury to receive the fines collected under the Act, which would be used, upon appropriation, by the State Department of Health Care Services, to support local government efforts that will serve individuals who have schizophrenia or other psychotic disorders who experience or are at risk of homelessness, criminal justice involvement, hospitalization, or conservatorship. This bill would require the independent, research-based entity retained by the State Department of Health Care Services, in consultation with various other entities, to develop an annual CARE Act report and an independent evaluation of the effectiveness of the CARE Act, and would require county behavioral health agencies and other local governmental entities to provide the department with specified information for that report. By increasing the duties of a local agency, this bill would impose a state-mandated local program. Existing law, the Mental Health Services Act (MHSA) , an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Fund (MHSF) , a continuously appropriated fund, to fund various county mental health programs, including children's mental health care, adult and older adult mental health care, prevention and early intervention programs, and innovative programs. This bill would clarify that MHSA funds may be used to provide services to individuals under a CARE agreement or a CARE plan. (2) Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires health care service plans and insurers to provide coverage for medically necessary treatment of mental health and substance use disorders. Violation of the Knox-Keene Act by a health care service plan is a crime. This bill would require health care service plans and insurers to cover the cost of developing an evaluation for CARE services and the provision of all health care services for an enrollee or insured when required or recommended for the person pursuant to a CARE plan, as specified, without cost sharing, except for prescription drugs, and regardless of whether the services are provided by an in-network or out-of-network provider. Because a violation of this requirement by a health care service plan would be a crime, this bill would impose a state-mandated local program. (3) Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant's mental competency is evaluated and by which the defendant receives treatment, with the goal of returning the defendant to competency. Existing law suspends a criminal action pending restoration to competency. This bill, for a misdemeanor defendant who has been determined to be incompetent to stand trial, would authorize the court to refer the defendant to the CARE program. (4) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (5) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Sponsors (26)

Haney

     
Coauthor

Votes


Actions


Jun 30, 2022

Assembly

Read second time and amended. Re-referred to Com. on APPR.

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on APPR.

Jun 29, 2022

Assembly

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (June 28).

Jun 21, 2022

Assembly

From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 9. Noes 1.) (June 21). Re-referred to Com. on HEALTH.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on HEALTH.

Jun 16, 2022

Assembly

From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on JUD.

Jun 02, 2022

Assembly

Referred to Coms. on JUD. and HEALTH.

  • Referral-Committee
Coms. on JUD. and HEALTH.

May 26, 2022

Assembly

In Assembly. Read first time. Held at Desk.

May 25, 2022

Senate

Read third time. Passed. (Ayes 38. Noes 0.) Ordered to the Assembly.

May 23, 2022

Senate

Read second time. Ordered to third reading.

May 19, 2022

Senate

From committee: Do pass as amended. (Ayes 7. Noes 0.) (May 19).

Senate

Read second time and amended. Ordered to second reading.

May 17, 2022

Senate

Set for hearing May 19.

May 16, 2022

Senate

May 16 hearing: Placed on APPR suspense file.

May 06, 2022

Senate

Set for hearing May 16.

May 04, 2022

Senate

May 9 hearing postponed by committee.

Apr 29, 2022

Senate

Set for hearing May 9.

Apr 28, 2022

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 3543.) (April 27). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Apr 27, 2022

Senate

From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 10. Noes 0. Page 3515.) (April 26). Re-referred to Com. on HEALTH.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on HEALTH.

Apr 21, 2022

Senate

Set for hearing April 26.

Senate

Referral to Com. on HUMAN S. rescinded because of the limitations placed on committee hearings due to ongoing health and safety risks of the COVID-19 virus.

Apr 20, 2022

Senate

Re-referred to Coms. on JUD., HEALTH, and HUMAN S.

  • Referral-Committee
Coms. on JUD., HEALTH, and HUMAN S.

Apr 19, 2022

Senate

Set for hearing April 27 in HEALTH pending receipt.

Apr 18, 2022

Senate

Withdrawn from committee.

Senate

Re-referred to Com. on RLS.

  • Referral-Committee
Com. on RLS.

Senate

April 26 hearing postponed by committee.

Apr 14, 2022

Senate

Set for hearing April 26.

Apr 07, 2022

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on JUD.

Mar 23, 2022

Senate

Re-referred to Coms. on JUD. and PUB. S.

  • Referral-Committee
Coms. on JUD. and PUB. S.

Mar 16, 2022

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on RLS.

Mar 02, 2022

Senate

Referred to Com. on RLS.

  • Referral-Committee
Com. on RLS.

Feb 22, 2022

Senate

From printer.

Feb 18, 2022

Senate

Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB1338 HTML
02/18/22 - Introduced PDF
03/16/22 - Amended Senate PDF
04/07/22 - Amended Senate PDF
05/19/22 - Amended Senate PDF
06/16/22 - Amended Assembly PDF
06/30/22 - Amended Assembly PDF

Related Documents

Document Format
04/22/22- Senate Judiciary PDF
04/25/22- Senate Health PDF
05/13/22- Senate Appropriations PDF
05/19/22- Senate Appropriations PDF
05/23/22- Sen. Floor Analyses PDF
06/17/22- Assembly Judiciary PDF
06/26/22- Assembly Health PDF

Sources

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