The County of San Diego’s Behavioral Health Services has spent the past year organizing extensive planning and training to prepare. the largest reform of California’s detention and social security laws in more than 50 years.
Updates are required by State Senate Bill 43 (SB-43) which became effective on January 1, 2025. Now, many people in San Diego who need help with behavioral health conditions may be involuntarily referred for evaluation, treatment and possible protection.
The law significantly changes the legal definition of “serious disability” that can be used to assess a person’s mental health condition. It was signed by California Governor Gavin Newsom on Oct. 10, 2023.
Previous state law allowed for community detention, in cases of suspected mental health, when people are determined to be:
- harm to you,
- danger to others, or
- they are severely disabled because they cannot find food, shelter or clothing.
Under the new law, severe disability has been redefined to include not only those unable to obtain food, shelter and clothing, but also those unable to keep themselves safe or maintain necessary medical care. In addition, severe disability may be determined to be caused by a mental illness or substance use disorder as an independent condition.
San Francisco and San Luis Obispo became the first in January 2024 to agree to follow SB-43. San Diego County chose to postpone the deadline for one year to allow for a larger exercise study with regional partners. Most California counties have decided to begin implementing SB-43 in January 2027.
Regional Health Services last year organized a strong effort to plan and train locally, including members of the public, hospital emergency department staff, local law enforcement, community members of mitigation of accidents, lawyers and others.
Officers from law enforcement agencies representing all 18 cities and the County Sheriff’s Office have gone through SB-43 training. The workshops were conducted by Jewish Family Service Patient Advocacy program.
“I can’t say enough about how everyone involved has come together to ensure that we are effectively and compassionately using this new law to help some of our most vulnerable citizens,” said Luke Bergmann. , director of County Behavioral Health Services. “From the District’s side, we are ready with our crisis centers and substance abuse treatment providers to help. It will require a community-wide effort and it will be a learning process. I have and the hope that many stakeholders are ready to help those affected and to deal with the problems that come with being one of the first to comply with the law, as we have succeeded this past year with the Law of CARE.”
This new definition of “severely disabled” applies to three applications based on the previous law:
- Assessment, diagnosis and crisis management//////// or and / or placement for those who hold 5150, an independent mental crisis that can last for 72 hours.
- If necessary and properly approved, the period of intensive treatment of serious disability may be extended to two periods of 30 days each.
- Supervision for a period of up to a year, and can be renewed, for continued behavioral therapy and support, according to the court’s decision.
County Behavioral Health Services estimated an increase of 1,500 72 hours of incarceration for involuntary treatment in previous years with the changes in SB-43. The actual number will depend on actions taken by the law, doctors and behavioral health professionals.
Persons arrested under the 5150 procedure for voluntary treatment are transported by peace officers or emergency response teams to emergency departments or crisis stabilization centers. When they arrive, they are assessed and receive care that suits their condition. A person can be released at any time if they no longer meet the criteria for voluntary treatment or agree to voluntary supervision, which ends the arrest.
Detailed information about SB-43 and its promulgation in San Diego County is available to the public online at website is updated regularly by San Diego County Behavioral Health Services.
#State #Legislation #Expanding #Behavioral #Therapy #January
