Lanterman-Petris-Short Act: conservatorships.

(1) Existing law, the Lanterman-Petris-Short (LPS) Act, authorizes the involuntary commitment and treatment of a person, when the person, as a result of a mental health disorder, is a danger to themselves or others, or is gravely disabled. For the purposes of these provisions, existing law defines "gravely disabled" as a condition in which a person, as a result of a mental health disorder, a severe substance use disorder, or a co-occurring mental health disorder and a severe substance use disorder, is unable to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care. This bill would require this definition of "gravely disabled" to be evaluated based upon a person's ability to provide for those basic personal needs outside of an incarcerated setting, as specified. Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent, and establishes a process by which a defendant's mental competency is evaluated. Existing law also defines "gravely disabled" under the LPS Act to mean an individual who is found to be mentally incompetent pursuant to the above-described process and for which specified conditions are met, including, among others, information pending against the person at the time of commitment charges a felony involving death, great bodily harm, or a serious threat to the physical well-being of another person, there has been a finding of probable cause, and the person represents a substantial danger of physical harm to others by reason of a mental disease, defect, or disorder. This bill would require the condition of whether the person represents a substantial danger of physical harm to be evaluated based upon the person's ability to be nonviolent outside of an incarcerated setting, as specified. (2) Existing law authorizes the appointment of a conservator for a person who is gravely disabled or impaired by chronic alcoholism. Existing law requires the court to determine the most appropriate placement for a conservatee who is gravely disabled, as defined. Existing law requires the officer providing conservatorship investigation to investigate all available alternatives to conservatorship, as applicable, and to render to the court a comprehensive, written report of the investigation prior to the hearing, as specified. This bill would authorize the district attorney to review all filed documents regarding the investigation, initiation, termination, or modification of, and to be present and represent public safety interests at all hearings that consider, a conservatorship of a person who is gravely disabled, as defined by being found mentally incompetent and meeting the above-described conditions, to provide input to the court about appropriate placement or interim placement by the public conservator. The bill would require a copy of the conservatorship investigation report to be transmitted to the district attorney in a specified context. The bill would authorize the district attorney to challenge the recommendation of the public conservator after the conservatorship investigation for an abuse of discretion in a contested hearing before a judge. To the extent the bill imposes a higher level of service on county agencies that prepare and transmit conservatorship investigation reports and on a district attorney to receive those reports, the bill would impose a state-mandated local program. This bill would require the State Department of State Hospitals to prioritize the placement of conservatees who are gravely disabled due to being found mentally incompetent and meeting the above-described conditions over the placement of conservatees who are gravely disabled due to being unable to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care. 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.