DATE: December 12, 2023
TO: Board of Supervisors
SUBMITTED BY: Susan Holt, Director, Department of Behavioral Health
SUBJECT: Defer Implementation of the changes made to California Welfare & Institutions Code ?5008 by Senate Bill 43 Resolution
RECOMMENDED ACTION(S):
TITLE
Adopt resolution electing to defer the January 1, 2024, implementation date of the changes made to California Welfare and Institutions Code ?5008 (WIC 5008) by Senate Bill (SB) 43 to January 1, 2026, which expands the criteria of "gravely disabled" and allows law enforcement and Fresno County designated healthcare professionals to place an involuntary hold on a broader population of individuals.
REPORT
SB 43 was signed into law on October 10, 2023, with an effective date of January 1, 2023, which expands the definition of gravely disabled persons. California Welfare and Institutions Code section 5008, subdivision (h)(4) provides a provision for counties to defer implementation of the changes made by SB 43 until January 1, 2026, by resolution approved by your Board. Approval of the recommended action will allow the Department of Behavioral Health (DBH) and community stakeholders additional time to implement the changes required by SB 43. This item is countywide.
ALTERNATIVE ACTION(S):
Should your Board not approve the recommended action, implementation of changes made to WIC 5008 by SB 43 will begin January 1, 2024.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action.
DISCUSSION:
On October 10, 2023, Senate Bill 43 (SB 43) was signed into law effective January 1, 2024, which updates existing law under the Lanterman-Petris-Short (LPS) Act that provides conservatorship for the 'gravely disabled'. This new bill creates several significant changes to the LPS by:
* Expanding the state's "gravely disabled" criteria to allow for the involuntary detention and conservatorship of individuals on the basis of a standalone "severe" substance use dis...
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