Lanterman-Petris-Short Act: conservatorships.
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Majority
Fiscal committee
No
Appropriation
No
Current location
Appropriations
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Overview
This bill amends the Lanterman-Petris-Short (LPS) Act, which governs involuntary commitment and conservatorship for individuals with mental health disorders. Specifically, it changes the criteria for determining if a person is ‘gravely disabled,’ requiring evaluations to consider their ability to avoid violence outside of an incarcerated setting rather than solely focusing on temporary access to basic needs while incarcerated. The bill also clarifies the role of the district attorney in conservatorship hearings, allowing them to be present and represent public safety interests, and mandates that court determinations of a person’s ability to provide for their basic needs cannot be based solely on temporary access to those needs while incarcerated. Finally, it addresses placement considerations for conservatees, prioritizing least restrictive options and potentially prioritizing placement in state hospitals for counties with a population of 750,000 or more.
Key provisions
- Requires evaluations for ‘gravely disabled’ status to consider a person’s ability to be nonviolent outside of an incarcerated setting.
- Allows the district attorney to be present at conservatorship hearings to represent public safety interests.
- Prohibits courts from basing determinations of a person’s ability to provide for their basic needs solely on temporary access to those needs while incarcerated.
- Authorizes the placement of conservatees in state hospitals for counties with a population of 750,000 or greater, prioritizing placement in such facilities when available.
- Requires a county detention facility to be used as an interim placement for conservatees awaiting placement in a state hospital.
- Mandates regular court reviews of conservator placement efforts.
Bill text
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