California lawmakers have given their final approval to a significant overhaul of the state’s 1967 behavioral health law in response to the ongoing mental health crisis, exacerbated by homelessness and substance abuse. Senate Bill 43, introduced by Sen. Susan Talamantes Eggman, expands the criteria for the detention, treatment, and conservatorship of individuals with severe mental illness.
Key points regarding Senate Bill 43 include:
Expanded Criteria: The bill broadens the criteria for detention and treatment to include individuals with “severe substance use disorder.” Previously, the criteria focused on “gravely disabled” individuals or those posing a danger to themselves or others.
Involuntary Holds: Under the new law, crisis teams and mental health providers can initiate an involuntary hold if evidence suggests that an individual’s mental health disorder or substance use disorder places them at substantial risk of serious harm.
Modernization: The legislation represents a long-awaited modernization of the Lanterman Petris Short Act (LPS), which was passed in 1967. LPS stated that individuals could be detained against their will if they were “gravely disabled” or posed a danger to themselves or others.
Concerns and Criticisms: Critics argue that SB 43 could undermine the civil liberties of communities of color, particularly given the demographics of the state’s homeless population. Others express concerns that the measure might strain an already stretched mental health system.
Implementation: The law is set to go into effect in 2024, although counties can delay implementation until 2026 if they have concerns about capacity in psychiatric facilities.
Part of Broader Reform: SB 43 is part of a broader effort to reform California’s behavioral health laws. Additional measures championed by Gov. Gavin Newsom aim to increase funding for psychiatric beds and services across the state.
The mental health crisis in California, compounded by homelessness and substance abuse issues, has prompted legislative action to address the growing challenges faced by individuals with severe mental illness. While SB 43 has garnered support from various groups, including mayors, psychiatrists, and physicians, it also faces criticism from human rights and disability rights advocates who argue that it may infringe on civil liberties.
The bill’s passage represents a significant step toward modernizing the state’s approach to mental health care and providing additional tools for addressing the mental health crisis. Gov. Newsom has until October 14 to sign or veto the legislation.
