A groundbreaking California law is set to revolutionize the state’s approach to treating individuals grappling with severe mental illness and addiction. Senate Bill 43, signed into law by Gov. Gavin Newsom (D), expands the definition of “gravely ill” to encompass those unable to cater to their basic needs due to untreated mental illness or substance use disorders. Consequently, these individuals will now be ineligible for conservatorship, effectively mandating mental health treatment.
This law is a proactive step towards addressing the homelessness crisis in the Golden State, as local governments have expressed frustration when individuals refuse help. Nevertheless, civil liberties advocates have raised concerns about potential overreach by the state.
Authored by state Sen. Susan Talamantes Eggman (D), the law seeks to modernize and establish transparency within the mental health conservatorship system. It introduces new criteria for intervention and ensures equitable access to mental health support.
Newsom emphasized the significance of this overhaul, stating, “The mental health crisis affects us all, and people who need the most help have been too often overlooked. We are working to ensure no one falls through the cracks, and that people get the help they need and the respect they deserve.”
California, which houses over 171,000 homeless individuals, roughly 30 percent of the entire U.S. homeless population, has already committed over $20 billion in recent years to address this pressing issue, according to The Associated Press.
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The law marks an update to the Lanterman-Petris-Short (LPS) Act, enacted in 1967 to prohibit involuntary, indefinite confinement.
“The LPS Act was adopted at a time when public policy was essentially to warehouse people who were mentally ill. The Act established strong and crucial civil liberty safeguards to protect individual rights,” Eggman explained.
“Like many things that are decades old, it has long been time to make some adjustments to the law to address the realities we are seeing today on our streets,” Eggman added.
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