Report 2019-119 Recommendation Responses
Report 2019-119: Lanterman-Petris-Short Act: California Has Not Ensured That Individuals With Serious Mental Illnesses Receive Adequate Ongoing Care (Release Date: July 2020)
Recommendation for Legislative Action
To allow counties to provide effective treatment to individuals in the least restrictive setting, the Legislature should amend the criteria for assisted outpatient treatment programs to do the following:
Allow individuals who are exiting or have recently exited conservatorships to be eligible for those programs.
Provide express authority to include medication requirements in court-ordered assisted outpatient treatment plans so long as the medication is self-administered.
Include progressive measures to encourage compliance with assisted outpatient treatment plans, such as additional visits with medical professionals and more frequent appearances before the court.
Description of Legislative Action
SB 507 (Chapter 426, Statutes of 2021) expands the criteria for a court to order assisted outpatient treatment if a clinical determination has been made that in view of the person's treatment history and current behavior, at least one of the following is true: a) the person is unlikely to survive safely in the community without supervision and the person's condition is substantially deteriorating, or b) the person is in need of assisted outpatient treatment in order to prevent a relapse or deterioration that would be likely to result in grave disability or serious harm to the person or to others. This statute also expands the criteria for assisted outpatient treatment to include an eligible conservatee who is the subject of a pending petition for termination of a conservatorship under the LPS Act. Finally, the examining mental health professional is required to determine if the subject of the assisted outpatient treatment petition has the capacity to give informed consent regarding psychotropic medication in their affidavit to the court, and permits the subject of the petition or the examining mental health professional to appear before the court for testimony by video conferencing.
- Legislative Action Current As-of: November 2021
California State Auditor's Assessment of Annual Follow-Up Status: Legislation Enacted
Description of Legislative Action
SB 782 (Glazer, 2021) would authorize the filing of a petition to obtain assisted outpatient treatment for a conservatee or former conservatee who would benefit from assisted outpatient treatment to reduce the risk of deteriorating mental health while living independently.
- Legislative Action Current As-of: July 2021
California State Auditor's Assessment of 1-Year Status: Legislation Introduced
Description of Legislative Action
As of January 28, 2021, the Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: January 2021
California State Auditor's Assessment of 6-Month Status: No Action Taken
Description of Legislative Action
As of September 28, 2020, the Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: October 2020