Behavioral Health Crisis Response Advisory Group., the official text

An act to add and repeal Part 9 (commencing with Section 5990) of Division 5 of the Welfare and Institutions Code, relating to behavioral health.

LEGISLATIVE COUNSEL'S DIGEST

Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders. Under the act, when a person, as a result of a mental health disorder, is a danger to others or to themselves, or is gravely disabled, the person may, upon probable cause, be taken into custody by specified individuals, including, among others, peace officers, and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment.
This bill would require the California Health and Human Services Agency (agency) to establish the Behavioral Health Crisis Response Advisory Group for the purpose of examining the role of law enforcement in behavioral health crisis response, as specified. The bill would require the membership of the advisory group to include representatives from, among others, the agency, the State Department of Health Care Services, law enforcement agencies, and county behavioral health departments, as appointed by the Governor. The bill would require the advisory group to meet on or before July 1, 2027, and at least once per quarter thereafter until December 31, 2028. The bill would require the agency, in collaboration with the advisory group, to make recommendations on specified topics, to the extent they relate to law enforcement interaction with behavioral health crisis response, including, among others, a state governance structure to support coordination between behavioral health crisis services accessed through 988 and emergency response systems. The bill would require the agency, in collaboration with the advisory group, to conduct an assessment of the risks associated with categorical nonresponse or limited-response policies adopted by local law enforcement agencies and whether statewide minimum standards or procedural safeguards are needed to prevent gaps in behavioral health crisis response. The bill would require the agency on January 1, 2028, and annually thereafter until January 1, 2030, to report recommendations and assessment results, as specified, to the Legislature. By imposing additional duties on local agencies, this bill would impose a state-mandated local program.
This bill would repeal these provisions on January 1, 2031.
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.

The people of the State of California do enact as follows:

SECTION 1.
Part 9 (commencing with Section 5990) is added to Division 5 of the Welfare and Institutions Code, to read:
9.
Behavioral Health Crisis Response Advisory Group5990.
(a) The California Health and Human Services Agency shall establish the Behavioral Health Crisis Response Advisory Group.
(b) The purpose of the advisory group shall be to examine the role of law enforcement in behavioral health crisis response, including circumstances in which law enforcement involvement is necessary to protect life and public safety, the impacts of law enforcement nonresponse or limited-response policies, and the coordination of law enforcement with behavioral health crisis services.
(c) The advisory group shall include one representative from each of the following, as appointed by the Governor:
(1) The California Health and Human Services Agency.
(2) The State Department of Health Care Services.
(3) Local public safety answering points.
(4) Law enforcement agencies, including county sheriffs and municipal police departments.
(5) Fire and emergency medical services.
(6) Lifeline-accredited 988 crisis centers operating in California.
(7) County behavioral health departments.
(8) Mobile crisis team providers.
(9) Community-based organizations representing family members or caregivers of individuals with serious mental illness, including organizations focused on family education, support, and advocacy.
(10) Community-based organizations representing individuals with lived experience of serious mental illness, including peer-led organizations providing advocacy or support services.
(d) The advisory group shall include representation from urban, suburban, and rural regions of the state.
(e) The advisory group shall meet on or before July 1, 2027, and at least once per quarter thereafter until December 31, 2028.
(f) On or after January 1, 2029, the advisory group may be disbanded at the discretion of the California Health and Human Services Agency.

5991.
(a) The California Health and Human Services Agency, in collaboration with the advisory group, shall make recommendations on all of the following, to the extent they relate to law enforcement interaction with behavioral health crisis response:
(1) A state governance structure to support coordination between behavioral health crisis services accessed through 988 and emergency response systems, including law enforcement, fire, and emergency medical services.
(2) Access to crisis receiving and stabilization services and triage and response to warm handoffs from 911 and 988 call centers, including the experience of callers and family members seeking assistance for a loved one in crisis.
(3) Resources and policy changes needed to address statewide and regional gaps in behavioral health crisis response that result in reliance on, or withdrawal of, law enforcement involvement.
(4) Statewide and regional public communications strategies to ensure individuals and families understand when and how law enforcement, mobile crisis teams, or other responders may be involved in a behavioral health crisis.
(5) Standards and best practices governing the role of law enforcement in behavioral health crisis response, including all of the following:
(A) Objective criteria for when law enforcement involvement is appropriate or necessary to protect life or public safety.
(B) Best practices for coordination among law enforcement, fire, emergency medical services, mobile crisis teams, and 988 crisis centers.
(C) The impacts of local law enforcement nonresponse or limited-response policies on individuals in crisis, family members, caregivers, and other first responders.
(D) Guidance on minimum response expectations when alternative crisis services are unavailable or insufficient to ensure safety.
(b) The recommendations described in subdivision (a) shall be developed before January 1, 2028, and included in the first annual report required by Section 5993. The recommendations shall be updated in subsequent annual reports thereafter.

5992.
(a) The California Health and Human Services Agency, in collaboration with the advisory group, shall conduct an assessment of the risks associated with categorical nonresponse or limited-response policies adopted by local law enforcement agencies and whether statewide minimum standards or procedural safeguards are needed to prevent gaps in behavioral health crisis response.
(b) The assessment described in subdivision (a) shall be completed before January 1, 2028, and the results of the assessment shall be included in the first annual report required by Section 5993. If the agency determines additional related assessments are appropriate, the results of those assessments shall be included in subsequent annual reports thereafter.

5993.
(a) On January 1, 2028, and annually thereafter until January 1, 2030, the California Health and Human Services Agency shall report to the Legislature on the status of behavioral health crisis response coordination in California. Each report shall include, but not be limited to, all of the following:
(1) (A) Recommendations developed or updated pursuant to Section 5991.
(B) Barriers to implementation of the recommendations developed or updated pursuant to Section 5991.
(C) Proposed legislative actions, including requests for additional funding, required to support implementation of the recommendations developed or updated pursuant to Section 5991.
(2) Results of the assessments described in Section 5992.
(3) A summary of local policies or practices identified by the advisory group that materially affect access to safe and timely behavioral health crisis response, including law enforcement involvement.
(4) Actions taken during the preceding calendar year.
(5) Planned actions for the following calendar year.
(b) The reports to be submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

5994.
This part shall remain in effect only until January 1, 2031, and as of that date is repealed.

SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.