Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Louise F. Rogers, Chief, San Mateo County Health
Jei Africa, Director, Behavioral Health, and Recovery Services
Subject: Defer Implementation of Senate Bill 43
RECOMMENDATION:
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Adopt a resolution authorizing deferral of implementation of SB 43 in San Mateo County up to January 1, 2026.
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BACKGROUND:
The Lanterman-Petris-Short (LPS) Act was enacted in 1967 to end the inappropriate, indefinite, and involuntary commitment of persons with mental health disorders, developmental disabilities, and chronic alcoholism, as well as to safeguard a person's rights, provide prompt evaluation and treatment, and provide services in the least restrictive setting appropriate to the needs of each person. The Act contains provisions for the involuntary detention of a person deemed to be a danger to self or others or defined as "gravely disabled" for periods of up to 72 hours for evaluation and treatment or for up to 14 days and up to 30 days for additional intensive treatment in county-designated facilities. The Act also sets out the process for a conservator to be appointed for someone who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism and who remains gravely disabled after periods of intensive treatment. For purposes of evaluating and treating an individual who has been involuntarily detained or for placing an individual in conservatorship, the Act currently defines "gravely disabled" as a condition in which a person, as a result of a mental health disorder or impairment by chronic alcoholism, is unable to provide for their basic personal needs for food, clothing, or shelter.
On October 10, 2023, the California Legislature passed Senate Bill 43 (Eggman), effective as law on January 1, 2024. The new law expands the Act's definition of "gravely disabled" by adding "personal safety" and "necessary ...
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