BILL NUMBER: SB 585	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Steinberg and Correa

                        FEBRUARY 22, 2013

   An act to amend Sections 5813.5 of the Welfare and Institutions
Code, relating to mental health, and making an appropriation,
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 585, as introduced, Steinberg. Mental health: Mental Health
Services Fund.
   Existing law contains provisions governing the operation and
financing of community mental health services for the mentally
disordered in every county through locally administered and locally
controlled community mental health programs. Existing law, the Mental
Health Services Act, an initiative measure enacted by the voters as
Proposition 63 at the November 2, 2004, statewide general election,
funds a system of county mental health plans for the provision of
mental health services, as specified.
   The act establishes the Mental Health Services Fund, continuously
appropriated to and administered by the State Department of Health
Care Services, to fund specified county mental health programs,
including programs funded under the Adult and Older Adult Mental
Health System of Care Act. The Adult and Older Adult Mental Health
System of Care Act establishes service standards that require, among
other things, that a service planning and delivery process provides
for services that are client-directed and employ psychosocial
rehabilitation and recovery principles. The act authorizes the
Legislature to clarify procedures and terms of the act by majority
vote.
   Existing law, the Assisted Outpatient Treatment Demonstration
Project Act of 2002, known as Laura's Law, until January 1, 2017,
regulates designated assisted outpatient treatment services, which
counties may choose to provide for their residents. In counties where
assisted outpatient treatment services are available, a person is
authorized to obtain assisted outpatient treatment pursuant to an
order if requisite criteria are met, as specified. Under that law,
participating counties are required to provide prescribed assisted
outpatient services, including a service planning and delivery
process, that are client-directed and employ psychosocial
rehabilitation and recovery principles.
   This bill would clarify that services provided under Laura's Law
may be provided pursuant to the procedures specified in the Mental
Health Services Act, thereby making an appropriation.
   Because the bill would clarify the procedures and terms of
Proposition 63, it would require a majority vote of the Legislature.

   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature hereby finds and declares that the
provisions of this act are consistent with, and further the intent
of, the Mental Health Services Act.
  SEC. 2.  Section 5813.5 of the Welfare and Institutions Code is
amended to read:
   5813.5.  Subject to the availability of funds from the Mental
Health Services Fund, the state shall distribute funds for the
provision of services under Sections 5801, 5802, and 5806 to county
mental health programs. Services shall be available to adults and
seniors with severe illnesses who meet the eligibility criteria in
subdivisions (b) and (c) of Section 5600.3. For purposes of this act,
seniors means older adult persons identified in Part 3 (commencing
with Section 5800) of this division.
   (a) Funding shall be provided at sufficient levels to ensure that
counties can provide each adult and senior served pursuant to this
part with the medically necessary mental health services,
medications, and supportive services set forth in the applicable
treatment plan  ,   including treatment plans developed
pursuant to the Assisted Outpatient Treatment Demonstration Project
Act of 2002 (Article 9 (commencing with Section 5345) of Part 1).

   (b) The funding shall only cover the portions of those costs of
services that cannot be paid for with other funds including other
mental health funds, public and private insurance, and other local,
state, and federal funds.
   (c) Each county mental health programs plan shall provide for
services in accordance with the system of care for adults and seniors
who meet the eligibility criteria in subdivisions (b) and (c) of
Section 5600.3.
   (d) Planning for services shall be consistent with the philosophy,
principles, and practices of the Recovery Vision for mental health
consumers:
   (1) To promote concepts key to the recovery for individuals who
have mental illness: hope, personal empowerment, respect, social
connections, self-responsibility, and self-determination.
   (2) To promote consumer-operated services as a way to support
recovery.
   (3) To reflect the cultural, ethnic, and racial diversity of
mental health consumers.
   (4) To plan for each consumer's individual needs.
   (e) The plan for each county mental health program shall indicate,
subject to the availability of funds as determined by Part 4.5
(commencing with Section 5890) of this division, and other funds
available for mental health services, adults and seniors with a
severe mental illness being served by this program are either
receiving services from this program or have a mental illness that is
not sufficiently severe to require the level of services required of
this program.
   (f) Each county plan and annual update pursuant to Section 5847
shall consider ways to provide services similar to those established
pursuant to the Mentally Ill Offender Crime Reduction Grant Program.
Funds shall not be used to pay for persons incarcerated in state
prison or parolees from state prisons.
   (g) The department shall contract for services with county mental
health programs pursuant to Section 5897. After the effective date of
this section the term grants referred to in Sections 5814 and 5814.5
shall refer to such contracts.