Plain English Breakdown
The official source states reimbursement is not required for a 'specified reason' without detailing what that reason is.
AB-1676: Rules for Involuntary Mental Health Medication
This law allows courts to order involuntary medication for people with serious mental disorders if a licensed provider determines they lack the capacity to refuse treatment and need it to prevent grave disability or harm.
What This Bill Does
- Allows county behavioral health directors, or their designees, to file petitions for court-ordered involuntary psychotropic medication either separately from or at the same time as assisted outpatient treatment petitions.
- Requires courts to find clear and convincing evidence that a licensed provider has determined the person has a serious mental disorder before issuing an order.
- Gives people facing these orders the right to demand a court or jury trial on whether they have a serious mental disorder, lack capacity to refuse medication, or need it to prevent grave disability or harm.
- Prohibits any involuntary medication order until after a court or jury trial is finished.
- Authorizes licensed providers on assisted outpatient treatment teams to ask first responders to take a person into custody and transport them to a facility for the ordered medication if specific conditions are met.
- Requires county behavioral health directors, or their designees, to file an affidavit every 60 days confirming the person still meets the criteria for the order.
Who It Names or Affects
- People who may be subject to petitions for involuntary psychotropic medication due to serious mental disorders.
- County behavioral health directors and their designees who must file petitions and affidavits.
- Licensed mental health providers on assisted outpatient treatment teams who can request transport of individuals.
- First responders authorized to take custody and transport individuals under these court orders.
Terms To Know
- Assisted Outpatient Treatment
- A program, known as Laura's Law, that allows courts to order mental health treatment for people living in the community who meet specific criteria.
- Psychotropic Medication
- Medication used to treat serious mental disorders by affecting brain chemistry and behavior.
- Clear and Convincing Evidence
- A legal standard requiring proof that a fact is highly probable before a court can make an order.
Limits and Unknowns
- The bill states no state reimbursement is required for local agencies, but does not specify the exact reason why.
- The text mentions expanding the scope of perjury crimes related to this process but does not detail how that expansion works.