BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 59


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          ASSEMBLY THIRD READING


          AB  
          59 (Waldron)


          As Amended  January 6, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Health          |16-0 |Bonta, Maienschein,   |                    |
          |                |     |Burke, Chávez, Chiu,  |                    |
          |                |     |Gomez, Gonzalez,      |                    |
          |                |     |Lackey, Nazarian,     |                    |
          |                |     |Patterson,            |                    |
          |                |     |Ridley-Thomas,        |                    |
          |                |     |Rodriguez, Santiago,  |                    |
          |                |     |Thurmond, Waldron,    |                    |
          |                |     |Wood                  |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Judiciary       |7-0  |Mark Stone, Wagner,   |Mark Stone, Alejo,  |
          |                |     |Chiu, Gallagher,      |Cristina Garcia,    |
          |                |     |Cristina Garcia,      |O'Donnell           |
          |                |     |Maienschein,          |                    |
          |                |     |O'Donnell             |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |17-0 |Gomez, Bigelow,       |                    |
          |                |     |Bloom, Bonilla,       |                    |








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          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Jones, Quirk, Wagner, |                    |
          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          SUMMARY:  Authorizes the Assisted Outpatient Treatment (AOT)  
          Demonstration Project Act, known as "Laura's Law", for an  
          additional five years, until January 1, 2022, and removes a  
          duplicative reporting requirement.  


          EXISTING LAW:  


          1)Permits counties to provide AOT services for people with  
            serious mental illnesses when a court determines that a  
            person's recent history of hospitalizations or violent  
            behavior, and noncompliance with voluntary treatment,  
            indicates the person is likely to become dangerous or gravely  
            disabled without the court-ordered outpatient treatment.  
          2)Permits a petition for a court order authorizing AOT to be  
            filed by the county mental health director, or his or her  
            designee, in the superior court in the county where the person  
            requiring treatment is present.


          3)Grants any person subject to a petition for an order of AOT  
            the right to legal counsel at all steps of the hearing  
            process. 


          4)Requires the Department of Health Care Services to submit a  
            report and evaluation to the Governor and the Legislature of  








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            all counties implementing an AOT program by July 1, 2015.  


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, negligible state fiscal effect.  


          COMMENTS:  According to the author, AOT or "Laura's Law"  
          provides family members with important tools for initiating  
          outpatient treatment for severely mentally ill adults who are  
          incapable of seeking help on their own.  The author states that  
          it helps to identify when a patient's condition is significantly  
          worsening and to intervene before the patient becomes too ill  
          and is subject to involuntary civil confinement.  The author  
          further states that based on previous evidence, the first six  
          months in the program demonstrate significant improvements in  
          self-care and community living, social functioning, task  
          performance, and incidents of harmful behaviors in patients.   
          According to the author, studies also show that improvement  
          takes time therefore, to insure full stability of patients once  
          the initial period is complete, this bill will require counties  
          with available funding to implement this program and extend it  
          from six months to one year.


          The AOT Demonstration Project allows courts in participating  
          counties to order a person into an AOT program if the court  
          finds that the individual either meets existing involuntary  
          commitment requirements pursuant to Welfare and Institutions  
          Code Section 5150 (is gravely disabled or is a danger to self or  
          others), or the person meets non-5150 criteria including that  
          the person has refused treatment, their mental health condition  
          is substantially deteriorating, and AOT would be the least  
          restrictive level of care necessary to ensure the person's  
          recovery and stability in the community.  The law is only  
          operative in those counties in which the county board of  
          supervisors, by resolution, authorizes its application and makes  
          a finding that no voluntary mental health program serving  
          adults, and no children's mental health program, was reduced in  








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          order to implement the law.


          The California Medical Association (CMA) states in support of a  
          previous version of this bill that Laura's Law provides for  
          community-based, AOT services to a small population of  
          individuals who meet specific criteria and as a result of their  
          mental illness are unable to voluntarily access community mental  
          health services.  The CMA notes that Nevada County, which has  
          fully implemented the law, has seen increased access to mental  
          health treatment and a reduction of cost to the county in the  
          amount of $500,000 through avoidance of hospitalizations and  
          incarcerations.  


          Disability Rights California (DRC) writes in opposition to a  
          previous version of this bill that it removes many provisions in  
          current law that protect the rights of individuals subject to  
          AOT.  DRC states that to the extent it continues to be  
          authorized in California, counties should retain local control  
          and AOT should be at their election and not imposed on them by  
          the state.  


          The California State Association of Counties and the County  
          Behavioral Health Directors Association write in opposition to a  
          previous version of this bill, stating that it is critical that  
          county Boards of Supervisors retain the authority and  
          flexibility to determine whether implementing Laura's Law AOT  
          services in their community is appropriate.  




          Analysis Prepared by:                                             
                          Paula Villescaz / HEALTH / (916) 319-2097  FN:  
          0002601










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