California has enacted Senate Bill 43, a new law that expands the state’s ability to mandate treatment for individuals suffering from severe mental illness and addiction.
The law expands the definition of “gravely ill” to encompass individuals who cannot provide for their basic needs due to untreated mental illness or unhealthy substance use disorders. Such individuals will be made eligible for conservatorship, effectively compelling them to receive mental health treatment. This law is part of California’s efforts to address homelessness and its impact on the state. Local governments have frequently faced challenges when individuals refuse help, and this law seeks to address those challenges.
However, the law has raised concerns among civil liberties advocates who fear that it may lead to state overreach. Critics worry that it may allow the state to impose its will on individuals, infringing on their personal autonomy. The law is seen as a significant overhaul of California’s mental health system and aims to address the mental health crisis by ensuring individuals receive the help they need and are treated with respect.
With California having a substantial homeless population, the state has spent over $20 billion in recent years to address the issue. This law updates the Lanterman-Petris-Short (LPS) Act, passed in 1967, which aimed to end involuntary, indefinite confinement and established strong civil liberty protections for individuals with mental illnesses. The update is considered necessary to address the evolving realities of mental health issues on the streets of California.
