SB 35 — Community Assistance, Recovery, and Empowerment (CARE) Court Program.

Summary

(1) Existing law, the Community Assistance, Recovery, and Empowerment (CARE) Act, authorizes specified adult 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 identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria. Existing law requires all evaluations and reports, documents, and filings submitted to the court under CARE proceedings be kept confidential. This bill would authorize CARE Act proceedings to be conducted by a superior court judge or by a court-appointed commissioner or other subordinate judicial officer. The bill would require that there is no fee for filing a petition nor any fees charged by any public officer for services in filing or serving papers or for the performance of any duty enjoined by the CARE Act. The bill would authorize that the respondent is entitled to have an interpreter in all proceedings if necessary for the respondent's full participation. This bill would require county behavioral health agencies to provide health information necessary to support findings in the filings to the court, as specified, and would exempt counties and their employees from civil or criminal liability for disclosure under these provisions. By increasing the reporting duties on county behavioral health agencies, this bill would create a state-mandated local program. This bill would authorize health care providers and covered entities, as defined, to disclose specified health information to behavioral health agencies for some purposes and would require those entities to disclose that information for other specified purposes. The bill would authorize a county behavioral health agency to apply, ex parte, for an order requiring health care providers or covered entities to provide information, as specified, to the court, the behavioral health agency, or both. The bill would require behavioral health agencies to notify respondent of disclosure, as specified. The bill would exempt health care providers and covered entities from civil or criminal liability for disclosure under these provisions and would exempt information disclosed to a county behavioral health agency by a provider of health care or a covered entity from disclosure or inspection under the Public Records Act. Existing law authorizes a specified individual to commence the CARE process, known as the original petitioner. Under existing law, if the original petitioner is a person other than the director of a county behavioral health agency, the court is required to issue an order relieving the original petitioner and appointing the director of the county behavioral health agency, or their successor, as the substitute petitioner. Under existing law, the original petitioner retains specified rights, including the right to participate in the initial hearing to determine the merits of the petition. This bill would revise the rights of the original petitioner, including giving them the right to be present and make a statement on the merits of the petition at the initial hearing and authorizing the court to assign ongoing rights to an original petitioner who resides with the respondent or is a spouse, parent, sibling, child, or grandparent or other person who stands in loco parentis to the respondent. This bill would additionally authorize the respondent to petition the court for an order sealing their records, as specified, and the filing of such petition would create a presumption in favor of sealing. Existing law authorizes the court to find a person, other than respondent, who has previously filed a pleading in CARE Act proceedings that was without merit and who files an additional petition for CARE Act proceedings that is also without merit, a vexatious litigant. This bill would provide that a member of the State Bar who files a petition in order to gain an advantage over the respondent in another legal proceeding is subject to discipline, as specified, if it is determined the member filed the petition knowing that the filing was made to gain an advantage. Existing law requires the court to appoint a public defender to represent the respondent in specified circumstances. This bill would additionally authorize the appointment of counsel working in the capacity of a public defender. Existing law requires the act to be implemented with technical assistance and continuous quality improvement, as specified, including expected start dates for specified counties. Existing law also requires the State Department of Health Care Services to implement guidelines under which counties can apply for and be provided additional time to implement the above-described provisions. Existing law authorizes the department to grant an extension once, and no later than December 1, 2025. Existing law requires the county behavioral health agency to provide the court with specified reports to determine eligibility for the CARE process. The bill would exempt reports made to determine eligibility for the CARE process from the Public Records Act. 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. (2) 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 authorizes misdemeanor defendants who have been determined to be incompetent to stand trial to be referred to the CARE program and requires the court to conduct a hearing to determine eligibility for the CARE program within 14 days of the date of the referral. If the hearing is delayed beyond 14 days, existing law requires the defendant, if confined in county jail, to be released on their own recognizance pending that hearing. This bill would require the court to conduct the hearing within 14 court days of the date the petition is filed and, if the hearing is delayed beyond 14 court days, to release a defendant who is confined in county jail, pending the hearing. (3) The bill would also make technical and conforming changes. (4) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

• Chaptered 09/30/23 - Chaptered Current pdf September 30, 2023
• Enrolled 09/18/23 - Enrolled pdf September 18, 2023
• Amended 09/08/23 - Amended Assembly pdf September 08, 2023
• Amended 08/28/23 - Amended Assembly pdf August 28, 2023
• Amended 07/12/23 - Amended Assembly pdf July 12, 2023
• Amended 06/12/23 - Amended Assembly pdf June 12, 2023
• Amended 03/21/23 - Amended Senate pdf March 21, 2023
• Introduced 12/05/22 - Introduced pdf December 05, 2022
• SB35 View text html

Action History

1. September 30, 2023

   Chaptered by Secretary of State. Chapter 283, Statutes of 2023.

2. September 30, 2023

   Approved by the Governor.

3. September 21, 2023

   Enrolled and presented to the Governor at 4 p.m.

4. September 14, 2023

   Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2795.) Ordered to engrossing and enrolling.

5. September 14, 2023

   Urgency clause adopted.

6. September 13, 2023

   From committee: That the Assembly amendments be concurred in. (Ayes 9. Noes 0. Page 2770.)

7. September 12, 2023

   From committee: Be re-referred to Com. on JUD. pursuant to Senate Rule 29.10(d). (Ayes 4. Noes 0. Page 2683.) Re-referred to Com. on JUD.

8. September 12, 2023

   Re-referred to Com. on RLS pursuant to Senate Rule 29.10(d).

9. September 12, 2023

   In Senate. Concurrence in Assembly amendments pending.

10. September 12, 2023

    Read third time. Urgency clause adopted. Passed. (Ayes 78. Noes 0. Page 3290.) Ordered to the Senate.

11. September 11, 2023

    Read second time. Ordered to third reading.

12. September 08, 2023

    Read second time and amended. Ordered to second reading.

13. September 07, 2023

    From committee: Do pass as amended. (Ayes 16. Noes 0.) (September 7).

14. September 06, 2023

    Assembly Rule 56 suspended.

15. September 06, 2023

    Joint Rule 62(a) suspended.

16. September 05, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (September 5). Re-referred to Com. on APPR.

17. August 28, 2023

    Re-referred to Coms. on P. & C.P. and APPR. pursuant to Assembly Rule 77.2.

18. August 28, 2023

    Ordered to third reading.

19. August 28, 2023

    Read third time and amended.

20. August 24, 2023

    Ordered to third reading.

21. August 24, 2023

    From consent calendar on motion of Assembly Member Bryan.

22. August 24, 2023

    Read second time. Ordered to consent calendar.

23. August 23, 2023

    From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (August 23).

24. July 12, 2023

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

25. July 11, 2023

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (July 11).

26. June 15, 2023

    Re-referred to Com. on JUD. pursuant to Assembly Rule 96.

27. June 12, 2023

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

28. May 11, 2023

    Referred to Com. on HEALTH.

29. May 04, 2023

    In Assembly. Read first time. Held at Desk.

30. May 04, 2023

    Read third time. Passed. (Ayes 37. Noes 0. Page 1003.) Ordered to the Assembly.

31. May 02, 2023

    Read second time. Ordered to consent calendar.

32. May 01, 2023

    From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.

33. April 21, 2023

    Set for hearing May 1.

34. April 20, 2023

    From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 11. Noes 0. Page 831.) (April 19). Re-referred to Com. on APPR.

35. April 03, 2023

    Set for hearing April 19.

36. March 29, 2023

    Re-referred to Com. on HEALTH.

37. March 21, 2023

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

38. January 18, 2023

    Referred to Com. on RLS.

39. December 06, 2022

    From printer. May be acted upon on or after January 5.

40. December 05, 2022

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

Sponsors

• Thomas J. Umberg · Primary

Votes

Subjects